OKMETER SERVICE AGREEMENT

CAREFULLY READ THIS AGREEMENT BEFORE USING THE SERVICE. USE OF THE SERVICE INDICATES COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

This is a legal agreement concerning the use of the Okmeter Service between the entity acquiring the license (“Licensee”), and Flant Europe OÜ (“Licensor”). If you are using the Service as an employee on behalf of your employer, your employer is the “Licensee.” In all circumstances, you are binding your employer and yourself personally as an employee, to this Agreement by using the Service. Unless Licensee and an authorized representative of Licensor have signed a separate agreement governing the Service, this Agreement, including the information submitted during the registration process, contains the parties' entire understanding relating to the subject matter and supersede all prior or contemporaneous agreements. IF YOU DO NOT, OR THE LICENSEE DOES NOT, AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THE SERVICE.

1. TERMS AND DEFINITIONS

Controller - a company (Licensor) owns the Service

Personal data - any information relating directly or indirectly to a specific or identifiable individual (subject of personal data).

The Information System shall mean a system for storing, processing, transforming, transmitting, and updating information using computer hardware.

The Service, the Okmeter Service shall mean an information system collecting, processing and monitoring the operating parameters of the Licensee’s information systems (hereinafter referred to as the Metrics), offered on the website under the following domains: okmeter.io  and *.okmeter.io, where * means any Internet domain name (hereinafter referred to as the Service Website), provided on the Licensor’s servers without downloading the distribution package and used solely for the Licensee’s internal business operations, provided that such operations do not include sublease of the Service.

The Okmeter Agent shall mean software available on the Service Website, which the Licensee must install on their server.

The License Fee shall mean the price for the right to use the Service (simple non-exclusive license).

The Invoice Period shall mean the License Period, for which the fee by Licensee/User is paid. The Invoice Period shall start after the Trial. For the purpose of this Agreement the Invoice Period equals 1 (one) calendar month. The fee for the last month is calculated proportionate to days of using the Service at the written request of the Licensee.

The Trial shall mean a free usage period for the Service and equals 7 (seven) calendar days after the Project Creation.

The Personal Profile shall mean a virtual tool of the Licensee’s personal self-service, located at the Service Website. The Licensee gets access to the Personal Profile by entering the Username and the password.

The Metrics shall mean the operation parameter value of the Licensee’s information system.

The Licensee shall mean a legal entity, individual entrepreneur or an individual (regardless of registration country, residence (location)), accepting this offer.

The User shall mean a representative or an employee of the Licensee to whom the Licensee gave access to the Service. From the moment of registering the User in the Service, the User shall follow this Agreement. The Licensee guarantees that all Users of the Licensee shall follow this Agreement.

The User Account shall mean a unique user account of the Licensee in the Service allowing to use the Service features.

Registration shall mean filling out a Registration Form located at the Service Website by the Licensee (User) by indicating the required information and choosing the Username and the password.

The Username shall mean a unique name intended for accessing the Personal Profile and is the Licensee’s e-mail provided at the registration.

The Password shall mean a unique set of symbols intended for accessing the Personal Profile.

          The Okmeter Software shall mean a set of software programs of the Service information system owned by the Licensor by means of which the services of the Service are provided.

The Billing Unit shall mean one server of the Licensee where the Licensee installed the Okmeter Agent which sends the Licensee’s Metrics to the Service with its universal and unique identifier by the Internet.

Quantity of metrics simultaneously collected for one server shall mean a number of different metrics collected by the Okmeter Agent from one server within the invoice period.

Acceptance of the Offer shall mean a full and unconditional acceptance of the offer as a result of the Licensee’s actions described in the terms and conditions of the offer. The Agreement shall be deemed concluded from the moment of the offer acceptance. The moment of the offer acceptance means the moment of the Licensee’s Registration at the Service Website.

The Invoice shall mean a document containing payment details of the Licensor to which the Licensee shall remit the funds for the items listed on the Invoice.

The Project Creation shall mean entering the project name into a corresponding form right after registering at the Service Website.

The Authorized Representative shall mean the Licensee’s representative acting on its behalf when registering at the Service and during further use of the Service through the Personal Profile. Information on the Authorized Representative is entered by the Licensee into the Personal Profile.

The Payment Gateway shall mean the hardware and software package which allows to computerize the payment acceptance process in the Internet.

The Tariff Plan shall mean standard terms of License provision during the Invoice Period with an indication of the total cost of its provision, depending on the number of Quantity of metrics simultaneously collected for one Server and the storage period of Metrics in the Service.

2. THE SUBJECT-MATTER OF THE AGREEMENT

2.1. The Licensor shall provide the Licensee with the right to use non-transferable, non-exclusive, non-sublicensable, limited (in accordance with the license limitations identified in this Agreement) license to use the Okmeter Software and the Service, as well as additional services related to the said Service, (hereinafter referred to as the Service) for the License Fee to the extent provided for by the Agreement without an obligation to provide reports on the Service’s use. The reports shall be provided by additional agreement between the Parties.

2.1.1. The Licensee may use the Service in accordance with its purpose and the terms of the Agreement by using the features and services available at the Service interface.

2.1.2. Licensee has the right to launch the Service through the User Account without providing any other rights (right to copy, alter and others). Licensee is empowered to grant this right to unlimited number of persons without the right to grant sub-licensees.

2.1.3. The use of the Service in any other ways, not indicated in clauses 2.1.1., 2.1.2. of the Agreement, including re-engineering of the Service, decompilation of the source code, and distribution of the Service, is not allowed without a written consent of the Licensor.

2.2. The exclusive rights to the Okmeter Software, which is the subject-matter of the Agreement are owned by the Licensor pursuant to the right of ownership.

2.3. The Licensee may use the Service in any country of the world.

2.4. The Licensee shall choose a rate plan for the next invoice period in the personal profile or shall forward a request for the rate change to the Licensor’s e-mail: support@okmeter.io.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Licensee may:

3.1.1. Perform any actions related to the functioning of the Service in accordance with its purpose, namely:

- obtain access to the information generated as a result of using the Service;

- upon conclusion of the corresponding written agreements with the Licensor , use the Service for commercial purposes, except for resale, lease, or transfer the Okmeter Software to third parties;

3.1.2. Make prepayment for the future Invoice Periods, but no more than 12 (twelve) periods in a row.  In such a case, if the rates are changed, the price of the periods already paid for by the Licensee shall not change.

3.1.3. Forward to the Licensor applications of software failures in the Service.

3.2. The Licensee shall:

3.2.1. Use the Service only within the scope of rights and using the means provided for in the Agreement;

3.2.2. Make payment in accordance with the provisions of the Agreement. The scope and price of the License for the Invoice Period is determined exclusively on the basis of statistics in the Licensor’s Service.

3.2.3. To ensure collection of the Licensee’s Metrics by the Licensor, install the Okmeter Agent to its servers from which the Licensee wishes to collect the Metrics and then ensure operability of the Okmeter Agent.

3.2.4. When using the Service, follow the effective law and avoid using the Service for illegal purposes

3.3. The Licensee may not:

3.3.1. Reproduce the Software of the Service (except for the Okmeter Agent), including writing it to computer memory.

3.3.2. Modify the Software of the Service or the Okmeter Agent.

3.3.3. Make the Service or the Okmeter Agent public.

3.3.4. Distribute copies of the Service or Okmeter Agent software or parts thereof and/or perform other actions aimed at deriving commercial benefit in relations with third parties from using the Service or Okmeter Agent;

3.3.5. Provide sublicenses for any use of the Services or parts thereof to third parties;

3.3.6. Try to circumvent technical restrictions of the Okmeter Service or the Okmeter Agent.

3.3.7. Reverse engineer, decompile or disassemble the Okmeter Service or the Okmeter Agent.

3.3.8. Use the Okmeter Service or the Okmeter Agent components to launch applications that do not operate at this Server.

3.3.9. Create copies of the Okmeter Service and the Okmeter Agent.

3.3.10. Grant the lease or other possession and/or use of the Okmeter Service.

3.3.11. Make attempts to get access to the data of other Licensees.

3.3.12. Carry out other actions, not provided for in this Agreement.

3.4. The Licensor shall:

3.4.1. Upon completion by the Licensee of its obligations to register and install the Okmeter Agent at its servers, grant the rights to use the Service to the Licensee by allocating the collected and processed Metrics (including the visual ones) in the Licensee’s Personal Profile. The Licensor shall be deemed to have performed its obligations in full at the moment of providing access to the Service, however it is not required to sign and create additional documents regarding provision of such access.

3.4.2. Provide the right to use the Service features 24/7 on a daily basis, except for the duration of maintenance works. The Licensor shall give the Licensee at least 2 (two) business days prior notice on maintenance works through placing information in the Personal Profile or by sending a notification via Licensee’s e-mail provided at the Personal Profile registration.

3.4.3. Provide information about the operation of the Service by e-mail under Licensee’s request.

3.4.4. Subject to technical possibility, eliminate any possible malfunctions of the Service arising through the Licensor’s fault, based on the Licensee’s request.

3.5. The Licensor may:

3.5.1. Suspend the Licensee’s exercise of the right to use the Service before receiving payment in accordance with the tariff plan selected;

3.5.2. Unilaterally and without judicial procedures withdraw from the Agreement and deny the Licensee the right to use the Service if the Licensee defaults on the payment dates or on other grounds as per this Agreement without refund of previously paid License Fee.

3.5.3. Engage third parties in the provision of services without obtaining a prior consent of the Licensee.

3.5.4. To unilaterally make changes to the Agreement, informing the Licensee about the changes introduced by publishing a message about the changes, the changes themselves and/or new documents at the Service Website. The changes take effect since the moment of their publication at the Service  Website. The Licensee agrees with the changes by keeping to use the Service. If the Licensee disagrees with the changes, the Agreement shall be terminated. The Licensee shall inform the Licensor about its disagreement with the new terms and conditions of the Agreement via e-mail at least 3 (three) calendar days prior to the effective date of the changes.

3.5.5. The Licensor may, without any additional payment, use the Licensee’s means of individualization (logo, company name, trade mark and others) as an example of projects where the Service is used or for other information purposes, including but not limited to the following: use of the Licensee’s means of individualization by placing them in brochures, posters, other objects, placing them on websites to demonstrate the Service, to inform about the Licensee’s activity and etc.

4. PROCEDURE FOR GRANTING RIGHTS TO THE SERVICE

4.1. The Authorized Representative of the Licensee shall gain access to the Service through the Personal Profile. The Licensee may independently add and delete the access rights of the Licensee’s Users through the Service interface.

4.2. The rights to use Okmeter Service or Okmeter Agent shall be deemed transferred in full from the Licensor to the Licensee from the moment of Licensee’s registration in Okmeter Service and installation of Okmeter Agent on the Licensee’s servers.

4.3 Upon registration, the Licensee receives access to the Licensee’s Personal Profile, receives the rights to configure the Service, rights to provide access, right to manage the Licensee’s data in the Service and right to perform all aspects of interaction with the Licensor. If necessary, the Licensee may change its Authorized Representative to another User of the Licensee by sending an advance request, within 2 (two) calendar days, to the Licensor’s e-mail: support@okmeter.io.

4.4. The Licensee may independently add/remove the servers from which the Metrics are collected and processed by installing corresponding software following the instructions on the website of the Licensor.

4.5. Tariff payment is charged on a monthly basis. The Invoice Period is 1 (one) calendar month in accordance with section 1 of the Agreement. Number of servers according to the Tariff plan is calculated in accordance with the algorithm "95% Burstable billing": - the number of servers equal to the 95th percentile is counted when calculated using standard 1-minute counts for the corresponding period. This calculation does not take into account emissions in the number of servers, which, in terms of their total duration, were less than 5 (five) % of the time from the corresponding Accounting period, which in the case of a period with a length of 30 (thirty) days will be equal to 36 (thirty six) hours.

4.6. The limit on the number of simultaneously collected Metrics per server is 5 000 (five thousand). If this specified limit is exceeded by a certain server, this server is billed as additional servers for every subsequent 5 000 (five thousand) simultaneously collected Metrics, rounded up to 5 000 (five thousand). The number of simultaneously collected Metrics is determined solely on the basis of accounting data in the Licensor's Service.

4.7. The application of the corresponding tariff of the Tariff plan is made by the Licensor solely based on the indicators of the Licensor's accounting system.

5. PRICE AND SETTLEMENT PROCEDURE 

5.1. Basic Tariff plans are set in the price list located in the Internet at https://okmeter.io/#pricing, the choice of the Tariff plan is carried out by the Licensee (User) in the Personal Profile.

5.2. The settlements shall be made in rubles for each Invoice Period on the basis of invoices issued by the Licensor depending on the payment method chosen by the Licensee in the Personal Account or upon agreement by the Licensor's email address (support@okmeter.io) of the payment method (clause 5.5 of the Agreement).

5.3. Calculation of the number of licenses used by the Licensee at the rate shall be done exclusively by the Licensor on the basis of statistics in the Licensor’s Service. The quantity of licenses for the Invoice Period is determined as the maximum of the quantity of Okmeter Agents simultaneously operating at the Licensee’s servers excluding 36 (thirty-six) hours during the Invoice Period. When a server is added by the Licensee, the payment is taken into account by the Licensor based on the amount of the prepayment made (clause 5.4 of the Agreement). In case of going beyond the prepayment made, the Licensee pays the cost of the provided license within 7 (seven) calendar days from the end of the Invoice Period.

5.4. Payment of the License Fee hereunder in accordance with the selected tariff plan shall be made within 7 (seven) calendar days from expiration of the Invoice Period. The Licensee may make prepayment for the future Invoice Periods. If prepayment is made for the Licensees for the future 12 (twelve) Invoice Periods, the Licensor shall provide to the Licensee a 10 (ten) % discount. The final settlement for the corresponding Invoice Period shall be made within 7 (seven) calendar days from the moment of expiration of the next Invoice Period on the basis of the Licensor’s account system values.

5.5. All payments under the Agreement shall be made via bank transfer. Payment may be effected by the following methods:

·            through payment gateways or online banking;

·            directly to the settlement account of the Licensor;

·            by other methods previously agreed with the Licensor.

The currency used in settlements is USD and EUR.

5.6. The moment of the Licensee’s performance of its payment obligations shall be the date of crediting the funds to the settlement account of the Licensor in full.

5.7. The cost of the Service is subject to VAT, which is not included in price. The amount of VAT is paid by the Licensee in addition to the cost of the Service. The VAT rate is determined by the current Tax Code of the Republic of Estonia.

5.8. The Licensee shall pay all taxes and fees in accordance with the requirements of its national legislation.

5.9. All Licensee’s bank charges and fees shall be paid by the Licensee, all Licensor’s bank charges and fees shall be paid by the Licensor.

6. LIABILITY OF THE PARTIES

6.1. The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations hereunder in accordance with the applicable law. The Parties shall be liable for direct losses only,  loss of profits is not to be compensated.

6.2. The Licensee shall exercise the rights to use the Service at its own risk.

6.3. The Licensee acknowledges that no software is free from errors and that failures may occur in the operation of the Service. The Licensor is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet.

6.4. The Licensee agrees that in order to work with the Service the Licensee needs to use software (web browsers, operating systems, communications links, the Internet access and others) and equipment (personal computers, network equipment and others) produced and supplied by third parties, and the Licensor may not be liable for the quality of their operation, conformance of protocols and standards (protocol technical specification, software programming interface, data base scheme and similar items) as well as compatibility of the Service Agent with other software installed by the Licensee at its computer.

6.5. The Authorized Representatives of the Parties shall keep confidential the data for accessing the Service. All actions performed under the User Account of the Licensee’s representative are deemed to have been performed by the Licensee’s representative.

6.6. In the event of late payment of the License Fee by the Licensee, the Licensor may charge the Licensee with a fine in the amount of 1% (one per cent) from the amount of late payment for each day of the delay.

6.7. The Licensor is not liable for any damages, losses and claims from third parties arising in connection with the using the Service and software programs of the Service.

6.8. The losses of the Parties due to non-fulfillment or improper fulfillment of the Agreement shall be compensated in the part not covered by the penalty. At the same time, the total amount of the losses to be compensated to the Party under the Agreement shall not exceed the cost of the Services under the relevant Invoice Period, in the fulfillment of which the losses arose.

7. DURATION AND TERMINATION OF THE AGREEMENT

7.1. The Agreement comes into effect from the moment of its acceptance by the Licensee and remains in effect during the term of the Licensee’s use of the Service and in the part of obligations not fulfilled by the Parties under the Agreement - until the moment of their fulfillment.

7.2. All disputes and disagreements shall be settled by negotiation. If a dispute or disagreement cannot be settled by negotiation, it shall be referred to the court in accordance with the effective law.

7.3. Compliance with the pre-trial claim procedure is mandatory. The term for responding to a Party's pre-trial claim is 15 (fifteen) calendar days from the moment it is received by the second Party.

7.4. Either Party may unilaterally withdraw from the Agreement by notifying the other Party in writing no less than 30 (thirty) calendar days before the anticipated date of termination by methods stipulated in the Agreement.

7.5. Recognition of certain provisions of the Agreement as invalid does not entail the invalidity of the entire Agreement.

8. PERSONAL DATA

8.1. When accepting the offer, the Licensee gives its consent to the Licensor to collect and process personal data on the Licensee, its Users and other persons having access to the Service in order to perform the Agreement as well as in order to inform the Licensee about current advertising campaigns and special offers, changes and renewals of the Okmeter software program, repair and maintenance works for the whole term of using the Service and confirms such consent from all subjects to personal data, that is employees, the Licensee’s representatives and other persons to whom the Licensee gave access to its Personal Profile in the Service. The Licensee on his own  obtains subjects’ consents for the processing of personal data of such persons and Licensee is responsible for  absence of such consent.

8.2. The Licensor shall:

8.2.1. in the interests of the Licensee, collect, record, accumulate, store, clarify (update, change), use, provide, depersonalize, delete and destroy personal data in connection with the execution of the Agreement;

8.2.2. ensure data confidentiality;

8.2.3. ensure data security;

8.2.4. ensure the conditions for data processing established by applicable legislation, including international legislation;

8.2.5. ensure the requirements for the protection of processed data in accordance with applicable legislation.

8.3. Access to personal data shall be provided to persons directly engaged in the processing of the Licensee’s personal data.

8.4. The Licensor processes the personal data of the Licensee, the User in order to provide the latter with access to the use of the functionality of the Service.

8.5. In all applicable cases, the processing of personal data is carried out in accordance with the Personal Data Confidentiality Policy, posted on Internet  https://okmeter.io/misc/legal/privacy-policy 

Using the Service means the unconditional consent of the Licensee, the User with this Policy and the conditions for processing their personal information specified therein; in case of disagreement with these conditions, the Licensee, the User must refrain from using the Service.

9. DISPUTE RESOLUTION PROCEDURE

9.1. All disputes between parties arising under, out of, or in connection with this Agreement, shall be resolved by conducting good faith negotiations. The claim-based procedure for dispute resolution is mandatory. The reply to a claim shall be made in writing within thirty (30) business days.

9.2. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.

9.3. The Rules for Expedited Arbitration of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply where the amount in dispute does not exceed EUR 100,000.

9.4. If the amount in dispute exceeds EUR 100,000, the Arbitration Rules shall apply. The Arbitral Tribunal shall be composed of a sole arbitrator where the amount in dispute exceeds EUR 100,000 but not EUR 1,000,000. Where the amount in dispute exceeds EUR 1,000,000, the Arbitral Tribunal shall be composed of three arbitrators.

9.5. The amount in dispute includes the claims made in the Request for Arbitration and any counterclaims made in the Answer to the Request for Arbitration.

9.6. The language to be used in the arbitral proceedings shall be English.

10. CONFIDENTIALITY

10.1. The Parties shall keep confidential the technical, financial, commercial, and other information related to the activities of the Contractor and the Customer and their counterparties, as well as any other information transferred by the Parties in the course of performing the Agreement that has effective and/or potential commercial and/or other value as a result of its non-disclosure to third parties (hereinafter referred to as the Confidential Information).

10.2. The Parties shall not disclose any Confidential Information to any third party during the term of this Agreement and for three (3) years from the date of termination of this Agreement without the other Party's prior consent.

10.3. Information shall not be considered Confidential if such information:

• was known (publicly available) on the date it was received by the Receiving Party from the Disclosing Party;
• was produced by the Receiving Party independently of the Disclosing Party;
• was available to the Receiving Party prior to its obtaining from the Disclosing Party;
• is rightfully obtained from a third party without a duty of confidentiality owed to the disclosing Party;
• the legislation of the Russian Federation stipulates that it is illegal to restrict access to information.

10.4. Confidential information may be disclosed by either Party if such disclosure is made in response to a valid order of a court or other federal, regional, and local governmental or regulatory body of competent jurisdiction.

10.5. The provision by a Party of information to its employees, affiliates or participants (shareholders), consultants engaged by the Parties in the course of the performance of the Agreement (lawyers, accountants, insurers, auditors, appraisers, experts, and other consultants) shall not be considered a violation of the confidentiality of information terms. At the same time, the Party engaging consultants shall ensure that such persons undertake not to disclose confidential information in an amount no less than that set forth in the Agreement before granting access to Confidential Information to them.

10.6. Upon termination of the Agreement or by request of the Party that owns the confidential information, the Party that received such information shall return or destroy (at the discretion of the Party that owns the information transferred) all confidential information transferred by the Party that owns the transferred information as soon as practicable in accordance with the Agreement.

10.7. Licensee agrees that Licensor may publicize the existence of this working relationship as a statement of fact. The extent of such publicity may include use of the Licensee logo, posting on the Licensor's website and inclusion in Licensor collateral materials.

11.   CIRCUMSTANCES OF INSUPERABLE FORCE (FORCE MAJEURE)

11.1. The Parties shall be exempt from liability for partial or full failure to fulfill their obligations hereunder if such failure is a result of the Circumstances of Insuperable Force (force majeure circumstances), which include, but are not limited to: earthquake, flood, fire, storm or other natural disasters, acts of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict or the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, including internet access, or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree that did not exist at the time of signing the Agreement/Order and that occurred apart from the will of the Parties.

11.2. The affected Party shall provide the other Party with written notice of any Circumstances of Insuperable Force within 5 (five) calendar days of their occurrence and provide the other Party with an estimate of the duration of the the Circumstances of Insuperable Force as well as substantiate their impact on the Party's ability to fulfill its obligations under the Agreement. A Party that fails to promptly notify the other Party of the Circumstances of Insuperable Force shall lose the right to cite them.

11.3. The occurrence of the Circumstances of Insuperable Force must be documented by a competent authority.

11.4. In the case of occurrence of the Circumstances of Insuperable Force, the period of fulfillment of obligations hereunder by the Party shall be extended for the period equal to the occurrence of the circumstance and its consequences.

11.5. The Party whose fulfillment of obligations is not affected by the Circumstances of Insuperable Force shall be entitled to terminate the Agreement in whole or in part without liability for losses related to its termination if the affected Party cannot fulfill their obligations in part or in full due to the Circumstances of Insuperable Force that last or may last two month or more.

12. SEPARATE PROVISIONS

12.1. The Agreement is drawn up in English.

12.2. The Parties set the Swedish law as applicable law.

12.3. The relationship of Licensee and Licensor with respect to the performance of the Service is that of independent contractors. Subject to the protection of Licensee’s Confidential Information, nothing in this Agreement prohibits Licensor from performing similar or identical services for other parties.

12.4. Any assignment or transfer of this Agreement by the Licensee is prohibited without the prior written consent of Licensor, and any attempted transfer or assignment without such consent shall be void and without force or effect. The terms of this Agreement shall be binding on permitted successors in interest and assigns.

12.5. All intellectual property rights that are owned or controlled by a party at the commencement of the Service shall remain under the ownership or control of such party. Subject to the limited rights expressly granted hereunder, Licensor reserves all rights, title and interest in and to the Service and all related intellectual property rights. No rights are granted to Licensee hereunder other than as expressly set forth herein. Licensee may choose, but is not required, to provide suggestions, data or other information to Licensor regarding possible improvements in the operation, functionality or use of the Service. Any resulting inventions, improvements, modifications or developments, made by Licensor at its sole discretion, are Licensor’s exclusive property.

12.6. If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. This Agreement may only be modified in writing by authorized representatives of the parties. All notices required or authorized under this Agreement must be in writing and will be sent, as applicable, to the party’s address at the end of this Agreement. Waiver of terms or excuse of breach must be in writing and will not constitute subsequent consent, waiver or excuse.

13. THE LICENSOR’S DETAILS:

The Licensor:

Flant Europe OÜ

Business ID: 14583330

VAT No: EE102107335

IBAN: EE420000009320063728

Address: Kesklinna linnaosa, Järvevana tee 9-40, 11314, Tallinn, Estonia

Beneficiary’s Bank: Tallinn Business Bank Vana-viru 7, 15097, Tallinn, Estonia

SWIFT: TABUEE22

Contact information:

e-mail: okmeter@okmeter.io