General Terms & Conditions for Partner Companies / Venues
These Terms and Conditions shall govern the relationship between LLC "SIVRCE AI" (Identification Code: 404772652) (hereinafter referred to as the "Platform") on one hand, and the Partner Company/Venue on the other hand, hereinafter collectively referred to as the "Parties".
These Terms and Conditions shall become effective from the moment the Partner Company enters its data (registration) and agrees to these Terms and Conditions.
Registration on the Platform and commencement of service utilization by the Partner Venue signifies its full acceptance of these Terms and Conditions.
1. Definitions
1.1. Platform / "SIVRCE": Means LLC "SIVRCE AI" (Identification Code: 404772652), which operates and manages the digital platform for users.
1.2. Partner Company / Venue: Means a legal entity that utilizes the Platform for marketing purposes to showcase its business and avails the service on a subscription basis.
1.3. User: Means an individual who uses the "SIVRCE" digital platform and benefits from the services offered by the Partner Company/Venue.
1.4. Subscription: Means the monthly and/or one-time fee paid by the Partner Company/Venue for the use of the Platform.
2. Rules for Platform Use by Partner Venues
2.1. Registration and Accuracy of Information: The Partner Venue is obliged to ensure the provision of only accurate and complete information upon registration and its continuous updates. This shall include:
- The official name of the company (the name of the LLC as specified in the Register of Entrepreneurs and Non-Entrepreneurial Legal Entities);
- The identification code (as specified in the Register);
- The trade name known to the customer in the market (the name the venue uses on social media);
- The official company contact email.
2.2. Content Responsibility: The Partner Venue shall be solely responsible for the accuracy and up-to-dateness of the content uploaded to the Platform, including but not limited to, photos, descriptions, working hours, and services.
2.3. Prohibited Actions: The Partner Venue is prohibited from using the Platform for unauthorized and/or illegal purposes that may impede the Platform's functionality and/or mislead a User. In the event of any prohibited action as stipulated under this Article, the Platform shall be authorized to impose a penalty on the Partner Venue in the amount of one month's subscription fee.
Prohibited actions include:
- Placement of Inaccurate Data: Information that does not correspond to the truth/reality.
- Use of False Visuals: Photos that mislead the User (e.g., images manipulated with AI or Photoshop).
- Use of Third-Party Content: Data that belongs to another venue and is presented/used as its own.
- Placement of a Non-Operational Business: The Venue is obliged to update its information in a timely manner, including if the venue is no longer operational.
- Infringement of Platform Security: Direct or indirect circumvention, damage, disabling, or interference with the functionality of any feature.
- Illegal Data Acquisition: The collection or processing of any data from the Platform outside the terms and conditions agreed upon, including data "scraping".
- Attempt to Alter the System: Decompilation, disassembly, reverse engineering, or any other attempt to obtain the source code, underlying technology, or algorithms related to the Platform.
- Use of Malicious Software: Misuse by intentionally using viruses, Trojans, logic bombs, or other material that may harm the Platform.
3. Financial Terms (Subscription)
3.1. Subscription Fee: For the use of the Platform, the Partner Venue shall pay a monthly subscription, the cost of which will be clearly indicated on the payment page.
3.2. Payment and Reporting:
- The payment of the subscription fee shall be carried out by means of automatic deduction / non-cash settlement from the bank card linked by the Partner.
- For tax and auditing purposes, the Platform shall automatically generate an invoice upon payment. The said invoice shall be sent to the email address provided by the Partner during registration.
- The Platform reserves the right to request additional details to verify the payment method.
3.3. Subscription Cancellation and Refunds:
- The Partner Venue may cancel the subscription at any time; however, the paid amount shall not be refunded. The service will remain active until the end of the already paid period.
- No payment shall be refundable, save for the cases explicitly stipulated in these Terms and Conditions.
3.4. Subscription Renewal: The subscription shall be automatically renewed monthly unless the Partner Venue terminates it. The Partner Venue shall promptly notify the Platform of any changes to its selected payment method that may cause an interruption in the payment process.
4. Data Processing and Confidentiality
4.1. Data Processing: All data transferred to the Platform and provided by the Partner Venue shall not contain personal data. It shall exclusively pertain to the official requisites and business activities of the legal entity (company). The Platform and the Partner Company/Venue are obligated to adhere to all rules established by Georgian legislation and to take appropriate technical and organizational measures to protect such data.
4.2. Confidential Information: The Parties are obligated to maintain the confidentiality of any business, technical, or financial information (hereinafter "Confidential Information") received from one another in connection with this agreement. The disclosure of Confidential Information shall be permissible only in the following cases:
- When a Party provides written authorization for the release of specific information.
- When the said information is already in the public domain.
- When the disclosure of information is required by applicable law or a court order.
- When the information is used exclusively for purposes authorized by this agreement.
4.3. Data Protection Standards: The Parties are obligated to employ the same measures to protect Confidential Information as they use to protect their own information, but not less than the standard of reasonable care.
4.4. Data Deletion: If the Partner Venue decides to terminate the cooperation, it may request the deletion of its data via an official notification sent to the email address. The Platform is obligated to delete the relevant information within a reasonable timeframe from the confirmation of the request.
5. Liability
5.1. General Provisions: The SIVRCE Platform service is provided on an "as is" and "as available" basis. The Platform does not guarantee that access to the service will be uninterrupted or error-free. In the event of any software bug detection, the Platform shall endeavor to resolve the issue in the shortest possible time.
5.2. Liability of the Partner Company/Venue:
- The Partner Venue shall be fully liable for any damage or loss resulting from the inaccuracy, incompleteness, or delayed update of the information it provides on the Platform.
- The Partner Venue is responsible for the quality of the service provided to the User.
- In the event of a claim, the SIVRCE Platform shall not be held liable, while the Partner Company/Venue is obligated to compensate for the inflicted damage and/or loss on its own.
5.3. Limitation of Platform Liability:
- The Platform's liability with respect to any loss or damage that the Partner Venue may incur while using the Platform shall not exceed the actual amount received by the Platform within the two (2) months preceding the occurrence of the claim for compensation for the loss or damage.
- The Platform shall not be liable for expenses, losses, or damages caused by inaccurate or incomplete data provided by the Partner Venue.
- The Platform shall not be held responsible for the actions, errors, or omissions of third parties (Users).
5.4. Force Majeure: A Party's non-performance of this agreement shall be justified to the extent and for the period during which performance is impossible due to a strike, fire, flood, earthquake, governmental acts, or any other cause beyond its reasonable control and not caused by its negligence or willful misconduct.
5.5. Marketing Use: The Platform may use or refer to the name, logo, trade or service marks of the Partner Venue in a press release or for other marketing purposes without the Partner's prior consent.
5.6. Partner's Liability for Fraud: The Partner Venue shall be fully liable for all actions of its representatives, including the expenses arising from unauthorized, fraudulent, or other illegal actions related to the Partner's use of the Platform. Furthermore, the Platform shall not be liable for expenses, losses, or damages caused by inaccurate or incomplete data provided by the Partner Venue.
6. Term and Termination of the Agreement
6.1. Term of Agreement: The Agreement shall enter into force from the moment the Partner Venue successfully completes its registration and agrees to these Terms and Conditions. The Agreement shall remain in force until terminated by either Party in accordance with the provisions of this Agreement.
6.2. Termination with Notice: A Party shall have the right to terminate the Agreement at any time and for any reason upon providing at least 7 days' prior notice to the other Party.
6.3. Termination without Notice: The Platform shall have the right to terminate the Agreement without prior notice if the Partner Venue materially breaches the Agreement, applicable legislation, or damages the Platform's brand, reputation, or business.
7. Concluding Provisions
7.1. Sending of Notifications: Any notification or document sent under this Agreement shall be considered validly delivered:
- In case of dispatch via electronic mail: as of the moment of dispatch.
- In case of dispatch via registered mail: as of the moment of its delivery to the postal office, as confirmed by the relevant document.
7.2. Amendments to the Terms and Conditions:
- The Platform reserves the right to amend these Terms and Conditions at any time.
- The amendments shall enter into force once the information regarding the updated Terms and Conditions becomes available on the Platform.
- The continued use of the service after the amendments shall be considered the Partner Venue's consent to the said amendments.
7.3. Updates to Platform Functions: The Platform reserves the right to add, remove, or update the Platform's functions at any time, including pricing and payment methods.
7.4. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior written or oral communications related to the subject matter of the Agreement.
7.5. Governing Law and Jurisdiction: The Agreement shall be governed, interpreted, and enforced in accordance with the laws of Georgia.