Offer and Agreement for Data Processing Services
This document constitutes a proposal from SIA FinMV (hereinafter referred to as the "Service Provider") to conclude an agreement for the provision of services based on the conditions outlined below.
Terms and Definitions
Acceptance of the Offer: This is the complete and unconditional acceptance of the offer, carried out through user registration, money transfer, or service receipt.
Data: Information received from the website in response to user queries.
Service Availability: The percentage of time during which the service operates without interruptions within the specified period.
Operator: A natural person directly interacting with the website or program.
Offer: This document, located on the Internet at https://totyp.com/documents/terms.
Payment Service: The payment acceptance service "Paysera," available at paysera.com.
Hints (or Autofill): A service for completing the operator's contact information during input.
Personal Data Processing Policy: A document regulating the procedure for processing user's personal data by the service provider. Posted on the Internet at https://totyp.com/documents/privacy.
User: A natural or legal person using the services.
Rights Holders: Individuals legally owning the rights to the data.
Service Downtime: The lack of functionality in one or more services.
Website: A web resource located at https://totyp.com.
EDI System (Electronic Data Interchange): The digital signature service "Dokobit", available at dokobit.com, or "eParaksts", available at eparaksts.lv.
Tariffs: The cost of services indicated at https://totyp.com/pricing.
Forum: A web resource located at https://totyp.com.
Services: Data processing services provided by the service provider on the website and through the API.
API: The website's software interface ensuring the provision of services.
1. General Provisions
1.1. The essence of the agreement is to provide services to the User by the Performer.
1.2. The Performer provides services to the User in accordance with the Tariffs and conditions set forth in the agreement.
1.3. The Performer has the right to make changes to the offer and agreement, and these changes take effect 3 days after their publication on the website.
1.4. The list of Services and their cost is specified in the appendix to the offer at https://totyp.com/pricing.
1.5. The Performer provides the opportunity to use the services "as is" and is not responsible for failure to fulfill contractual obligations and possible damage to the user.
1.6. The Performer does not enter into additional agreements with the user regulating interaction, except for this agreement and Latvian legislation.
1.7. The agreement comes into force upon acceptance of the offer, is concluded for an indefinite period, and can be terminated at the initiative of either party.
1.8. The Performer may send monthly newsletters and notifications of critical website updates to the User's email, from which the User has the right to unsubscribe.
1.9. The Performer undertakes to respond to User queries regarding services within 3 business days when contacting the Forum.
1.10. The Performer and the User cannot transfer contract rights to third parties.
1.11. Email correspondence between the Performer and the User is confidential and has the power of a simple electronic signature.
1.12. Dispute resolution in pre-trial order is mandatory and must be completed within 30 days. Disagreements are considered by the Riga International Commercial Arbitration Court.
2. Registration on the Website
2.1. When registering on the website, the User provides their valid email address for contact. In case of an address change, the user must update it.
2.2. If the User provides an invalid, outdated, or unauthorized address, the Performer has the right to terminate the provision of services.
2.3. The User registers on the website only once, except as provided in clause 2.4.
2.4. A User receiving only paid services can register on the site multiple times.
2.5. In case of a breach of the conditions of clause 2.3, the Performer may terminate the provision of services.
3. Services
3.1. The Performer provides services for processing User Data on the website and through API. A complete list of Services is available on the website at https://totyp.com/pricing.
3.2. The User is prohibited from using the "Hints" service for the automatic processing of addresses, names, and emails. Multiple registrations to bypass site restrictions are also prohibited.
3.3. In case of a breach of the conditions of clause 3.2, the Performer may terminate the provision of services.
4. Confidentiality
4.1. The Performer does not transfer processed User data to third parties and does not use them other than provided by the contract.
4.2. When processing contact and personal data as part of the services, the Performer adheres to the following rules:
4.2.1. When processing User files on the website, the Performer stores data for no more than 24 hours after processing.
4.2.2. When working through the API, the Performer does not log or store processed data.
4.3. The User agrees to the processing of their personal data in accordance with the Privacy Policy.
4.4. The User is the operator of personal data for the data they process through the website.
4.5. When processing personal data, the Performer ensures their security in accordance with legal requirements.
5. Availability
5.1. The Performer guarantees that the Services will be available for an average of not less than 99% of the month.
5.2. The Performer provides access to the Services with downtime not exceeding 30 minutes on business days from 8 am to 8 pm Latvian time.
5.3. If the User provides the Performer with documentary evidence of the website's inoperability, the Performer extends the period of service provision for the period of inoperability.
6. Payment Procedure
6.1. The User pays for the Performer's Services in accordance with the tariffs using a payment service or bank transfer.
6.2. Payment for services is considered completed from the moment the money is credited to the Performer's account.
6.3. If the user pays for services from a legal entity, the Performer creates an invoice for services rendered by the 15th of the following month after payment.
6.4. The User can request a paper invoice for an additional fee of $10.
6.5. The Performer provides the invoice "as is" without editing.
6.6. If the User uses a payment service, the Performer does not provide an invoice.
6.7. Services are considered provided if the User has not raised written objections within 15 days of receiving the invoice.
7. Rights and Right Holders
7.1. Exclusive rights to the site belong to the Performer, and to the data - to the Performer or Right Holders. The agreement does not give the User any rights to use the Site beyond those described on the Site and provided through the Site's user interface and API.
7.2. The User allows the use of their logo, trademark, and company name for informational, advertising, and marketing purposes related to the site without additional consent and without payment to them for such use.
8. Performer's Details
Full name: Limited Liability Company "FinMV"
Registration number: 40203378371
Phone number: +317 27032730
E-mail: info@finmv.com
Registration address: Vesetas iela 10 - 95, Riga, LV-1013, Latvia
Payment details: Luminor Bank AS Latvijas filiāle
Recipient bank address: Skanstes iela 12, Riga, LV-1013, Latvia
BIC: RIKOLV2XXXX
Recipient's account: LV19RIKO0002930339111