Public Offer Agreement

1. Definitions

• 1.1. Offer: The Seller's public offer addressed to an indefinite circle of persons to conclude a Contract under the terms specified in this document.
• 1.2. Contract: The agreement between the Seller and the User, concluded by accepting this Offer, regulating the order and conditions for the provision of services.
• 1.3. Seller: The Operator of the MoleHole security application, providing services in accordance with this Offer. Place of business: European Union (Germany).
• 1.4. User: A natural or legal person performing acceptance of the Offer and acting as a consumer of the services under this Contract.
• 1.5. Services: A complex of security services provided through a developed web application (SaaS platform), including:
• 1.5.1. Providing access to the Seller's server infrastructure for the User's personal, lawful purposes;
• 1.5.2. Provision of security functions through the developed software platform, including secure connections and secure data transmission via the Seller's server infrastructure;
• 1.5.3. Providing configuration data/access keys for connecting to supported devices and applications;
• 1.6. Tariffs: The current prices for the Services, published on the website.
• 1.7. Ordering Platform: The software available on the website, used for ordering, payment, and management of the Services.
• 1.8. Acceptance of the Offer: Full and unconditional consent to the terms of this Offer, expressed by performing payment for the Services, activating a Trial period, activating a gift access, or by any other means of obtaining access to the Services in the manner established by the Contract.
• 1.9. User's Balance: The sum of monetary funds deposited by the User via the ordering platform, used for payment and renewal of the Services.
• 1.10. Trial Period: The period of free provision of the Services, which may be referred to as a "trial period", "test period", "free period", or in a similar manner, intended to familiarize the User with the functionality of the Services.

2. Subject of the Contract

• 2.0. Nature of Service

The service is provided by delivering the software solution "MoleHole" (web application as SaaS). The server infrastructure is a technical tool for software delivery.

• 2.1. The Seller undertakes to provide the User with the Services specified in clause 1.5 of this Offer under the conditions provided for in this Contract, and the User undertakes to accept them and, in the presence of a paid Tariff, to pay for the Services in accordance with the effective Tariffs.
• 2.2. The Services are provided for the User's personal use within the limits of the selected tariff (including the number of connections/devices, resource volume, and other parameters), unless otherwise provided for in this Contract.

3. Conclusion of the Contract

The Contract is considered concluded from the moment the User performs the Acceptance of the Offer, which is expressed in one of the following actions:

• 3.1.1. Full payment of the selected Tariff via the ordering platform;
• 3.1.2. Activation of the Trial period of the Services via the ordering platform;
• 3.1.3. Activation of a gift access provided by the Seller or a third party;
• 3.1.4. Any other method of obtaining access to the Services provided by the Seller.

4. Tariffs and Payment Procedure

• 4.1. The cost of the Services is determined in accordance with the Tariffs published on the website at the time of payment, except in cases of using a Trial period or a gift access provided free of charge.
• 4.2. The Seller is entitled to change the Tariffs unilaterally by notifying the User by publishing a new version of the Tariffs on the website. Changes do not apply to already paid Services.
• 4.3. Payment for the Services is made by the User via the ordering platform using various payment systems.

5. Rights and Duties of the Parties

• 5.1. The Seller undertakes:
  • 5.1.1. To provide the Services in accordance with the conditions of this Offer and the Contract.
  • 5.1.2. To ensure the confidentiality of the User's data within the framework of providing the Services.
  • 5.1.3. To provide the automated ordering system via the website.
• 5.2. The User undertakes:
  • 5.2.1. To comply with the conditions of this Offer and the Contract.
  • 5.2.2. Not to use the Services for purposes contrary to the law and the terms of the Contract.
  • 5.2.3. To pay for the Services in a timely manner when using paid Tariffs.
  • 5.2.4. The User is solely responsible for complying with the laws of their country of residence/citizenship and for the content of the sent and received data when using the Services. The User is notified that security services may fall under enhanced regulatory controls and restrictions by providers and platforms; the associated risks lie with the User.
  • 5.2.5. It is prohibited to transfer, resell, rent, publish, or otherwise provide access to the Services, keys, configuration files, or QR codes to third parties. Shared use of access beyond the limits of the selected tariff is prohibited.
  • 5.2.6. The User undertakes to comply with the Acceptable Use Policy (AUP) set out in Section 13 of this Offer.

6. Liability of the Parties

• 6.1. The Seller is not liable for the impossibility of using the Services in case of violation of the Contract conditions by the User.
• 6.2. The User is liable for the security of their account data and for the unauthorized use of the Services.
• 6.3. The availability of the Services depends on the functioning of third parties (Data processing centers, ISPs, Payment and Messenger Platforms). The Seller makes reasonable efforts to maintain functionality; however, short interruptions caused by maintenance, accidents, data transmission/protocol blocks, actions/inactions of third parties and/or regulatory requirements are permissible and are not considered a failure to provide the Services. The Seller is not liable for the aforementioned circumstances outside its reasonable control, provided it takes timely measures to eliminate them.

7. Contract Term and Termination

• 7.1. The Contract enters into force from the moment the Offer is accepted and remains in effect until the full performance of their obligations by the Parties.
• 7.2. The User is entitled to withdraw from the Services at any time during the term of the Contract; funds paid in accordance with the Tariffs are not subject to refund, unless otherwise explicitly provided for in this Offer.
• 7.3. The Seller is entitled to suspend or cease the provision of Services if the User violates the Contract conditions.

8. Confidentiality

• 8.1. The Parties undertake to keep the information received during the performance of the Contract confidential.
• 8.2. The Seller is entitled to use anonymized data to improve the quality of the Services.

9. Force Majeure

• 9.1. The Parties are released from liability for partial or complete failure to fulfill their obligations under the Contract if such failure is caused by circumstances of force majeure that the Parties could not foresee or prevent (including, but not limited to: accidents and disruptions in power grids and communication networks, mass Internet failures, DDoS attacks, acts/actions of government authorities, blocks by providers and platform owners, strikes, natural disasters, military actions, emergencies).

10. Dispute Resolution and Applicable Law

• 10.1. The Parties establish a mandatory pre-trial (pre-claim) settlement procedure: the claim is sent to the Seller via the contacts specified in the "Contacts" section of this Offer, response time — 10 (ten) calendar days.
• 10.2. This Offer and the Contract are governed by the law of the Federal Republic of Germany.
• 10.3. All disputes are subject to resolution in the courts at the Seller's place of registration, unless otherwise provided for by mandatory norms of consumer protection laws.

11. Other Conditions

• 11.1. All notifications and messages regarding the Contract are sent by the Parties in written form.
• 11.2. This Offer and the Contract are governed by the legislation of the Federal Republic of Germany.

12. Changes to Offer Terms

• 12.1. The Seller is entitled to change the terms of this Offer unilaterally by publishing a new version and notifying Users. If not otherwise directly stated in the new version, changes come into force from the date of publication.
• 12.2. Changes apply to new Users from the moment of publication, and to existing Users — from the next billing period. In case of disagreement, the User is entitled to stop using the Services before the start of the new period.

13. Acceptable Use Policy (AUP)

• 13.1. It is prohibited to use the Services for: violating legislation; infringing on third parties' rights (including copyright and related rights); mass mailing of spam, conducting DDoS attacks, port scanning, password cracking, distributing malware; cryptocurrency mining without consent; distributing content of a pornographic, extremist, terrorist nature, as well as materials violating platform and provider requirements; violating security measures and access controls;
Important: The use of Torrent networks (P2P protocols such as BitTorrent) is strictly prohibited.
• 13.2. It is prohibited to create an abnormally high load on the Service infrastructure. Upon detecting abnormal data activity, the Service has the right to restrict or terminate the provision of services without a refund.
• 13.3. The Seller is entitled to qualify the User's actions as a violation of the AUP at its own discretion, based on industry practice, provider requirements, and regulators.

14. Suspension and Cessation of Service Provision

The Seller is entitled to suspend or restrict the provision of Services without prior notice and, if necessary, terminate the Contract fully or partially in cases of:

• (a) violation by the User of this Offer, Section 13 (AUP), or legislation;
• (b) transfer/resale of access to third parties;
• (c) untimely payment;
• (d) detection or justified suspicion of fraud or actions causing harm to the Seller's or third parties' infrastructure;
• (e) initiating a payment dispute procedure (chargeback);
• (f) receiving mandatory requirements from rights holders, providers, regulators, courts, or law enforcement agencies;
• (g) creating an abnormally high load on the Service infrastructure.

15. Blocks and Restrictions by Third Parties

• 15.1. The Service is not responsible for restrictions, blocks, filtering, and other actions by government authorities, ISPs, data centers, and other third parties.
• 15.2. The User is aware that such restrictions may completely or partially hinder the operation of the Service.
• 15.3. Nevertheless, the Service makes reasonable efforts to maintain the operation of paid services as long as technically possible. The Service does not guarantee constant availability of IP addresses and servers.

16. Refunds for Digital Services

• 16.1. The Service is a digital service and is considered rendered from the moment the User is provided with access/user account/configuration or the first successful connection to the server (which may occur earlier). After the moment of rendering, no monetary refund is made. The Service is considered properly rendered if access to the server infrastructure and the possibility of establishing a secure connection according to clauses 1.5.1–1.5.3 is ensured.
• 16.1.1. The User has the right to request a refund of funds only under the condition of the actual absence of service usage.
• 16.1.2. If the User has transferred data with a volume of 1 (one) MB or more, the service is considered rendered in full volume, and a refund is impossible.
• 16.1.3. Fees from payment systems and banks are not refunded.
• 16.2. Exceptions: a refund is possible in case of erroneous double payment or in case of complete technical impossibility of establishing a secure connection to the Seller's servers due to the fault of the Seller, confirmed by the results of verification, provided the User contacts the Seller within 7 (seven) calendar days from the date of payment. The refund is made to the payment system used at the time of payment.
• 16.3. Upon initiating a payment dispute (chargeback) procedure, access to the Services may be suspended until the disputed transaction is settled.

17. Intellectual Property and Prohibition of Resale

• 17.1. The User is granted a limited, non-exclusive, revocable, and non-transferable license for the personal use of the Services within the selected tariff.
• 17.2. Resale, exchange, rent, publication, or other provision of keys, configurations, QR codes, or other access means to third parties is prohibited. Extraction and modification of configurations for the purpose of transmitting them to third parties is also prohibited.