Terms of Service

Please read these terms carefully before using our services.

Effective Date: 29 July 2025
Last Revised: 29 July 2025

This Master Terms of Service (the "Agreement") is a legally binding contract between you ("You" or "User") and Mikail Bagmaci, operating under the business name Avdain (a sole proprietorship) ("Avdain," "we," "us," or "our"). This Agreement governs Your access to and use of all software applications, websites, and related services developed and provided by Avdain (collectively, the "Services"). By downloading, installing, registering for, or otherwise using any of the Services, You acknowledge that You have read, understood, and agree to be legally bound by the terms of this Agreement. If You do not agree, do not use the Services.

Section 1

Scope and Supplemental Terms

1.1. Master Agreement. This Agreement provides the general terms and conditions that apply to all Services. 1.2. Supplemental Terms. Specific Services may be governed by additional terms, such as an End User License Agreement ("EULA"). Any such Supplemental Terms will be presented to You for acceptance and are incorporated herein by reference. In case of a conflict, the Supplemental Terms shall control for that specific Service.

Section 2

License and Intellectual Property

2.1. License Grant. Subject to Your strict compliance with this Agreement, Avdain grants You a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Services for Your personal or internal business purposes. 2.2. Restrictions. You shall not: (a) copy, modify, or create derivative works of the Services; (b) rent, lease, sell, or redistribute the Services; (c) reverse engineer, decompile, or otherwise attempt to discover the source code of the Services; or (d) use the Services in any way that violates applicable law or infringes on any third-party right. 2.3. Ownership. All right, title, and interest in and to the Services, including all intellectual property rights, are and will remain the exclusive property of Avdain and its licensors.

Section 3

User Accounts

You are responsible for safeguarding Your account credentials and for all activities that occur under Your account. You must notify us immediately of any unauthorized use.

Section 4

Fees, Payment, and Consumer Right of Withdrawal

4.1. Payment. You agree to pay all fees ("Fees") for paid Services at the prices and terms presented to You at the time of purchase. 4.2. Subscriptions. Subscriptions will automatically renew unless cancelled by You prior to the renewal date. 4.3. EU/EEA Consumer Right of Withdrawal. If you are a consumer residing in the European Union or European Economic Area, you have a statutory right to withdraw from a contract for the purchase of digital content within 14 days without giving any reason. However, this right of withdrawal is waived if you provide your express prior consent to begin the performance (i.e., the download or access to the digital content) and acknowledge that you thereby lose your right of withdrawal. By purchasing and proceeding to download or access any digital Service from Avdain, You are providing such express consent and acknowledgement. 4.4. Refund Policy. Except where the statutory right of withdrawal applies and has not been waived as described in Section 4.3, or as otherwise required by mandatory applicable law, all Fees are non-refundable.

Section 5

Term and Termination

This Agreement is effective until terminated. We may terminate Your access to the Services at any time for any reason, including for a breach of this Agreement. You may terminate by ceasing all use of the Services. Provisions that by their nature should survive termination, including Sections 2.3, 6, 7, 8, and 9, shall survive.

Section 6

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." AVDAIN EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Section 7

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AVDAIN AND ITS OWNER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED EUROS (€100.00) OR THE TOTAL AMOUNT PAID BY YOU TO AVDAIN FOR THE SPECIFIC SERVICE IN THE SIX MONTHS PRECEDING THE CLAIM. THIS LIMITATION SHALL NOT APPLY TO DAMAGES CAUSED BY WILLFUL MISCONDUCT (VORSATZ) OR GROSS NEGLIGENCE (GROBE FAHRLÄSSIGKEIT), OR IN CASES OF INJURY TO LIFE, BODY, OR HEALTH.

Section 8

Indemnification

You agree to indemnify, defend, and hold harmless Avdain and its owner from any claims, liabilities, damages, and costs (including reasonable attorneys' fees) arising from Your use of the Services or Your violation of this Agreement.

Section 9

Governing Law and Jurisdiction

9.1. Governing Law. This Agreement and any disputes arising hereunder shall be governed by the laws of the Republic of Austria, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). 9.2. Jurisdiction. The exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement shall be the competent courts of Vienna, Austria.

Section 10

Miscellaneous

10.1. Entire Agreement. This Agreement, together with our Privacy Policy and any Supplemental Terms, constitutes the entire agreement between You and Avdain. 10.2. Severability. If any provision is held to be unenforceable, the remaining provisions will remain in full force and effect. 10.3. Changes. We may modify this Agreement at any time by posting the revised version on our website. Your continued use of the Services after the changes become effective constitutes your acceptance of the new terms.

Section 11

Contact Information

For any questions regarding this Agreement, please contact: Avdain Email: avdainlabs@gmail.com Website: https://www.avdain.com