General Terms and Conditions

1. General provisions

1.1. These general terms and conditions (hereinafter: “Terms”) contain the terms of the contract concluded between the Provider and the Merchant for the use of the Poltura platform (hereinafter: “Platform”) operated by WZZ Lab Informatikai és Szolgáltató Korlátolt Felelősségű Társaság (short name: WZZ Lab Kft.) (registered office: 9700 Szombathely, Kassák Lajos utca 32/B 2. em. 3. ajtó, company registration number: 18-09-116842, registry court: Court of Registration of the Szombathely Regional Court, tax number: 33150176-2-18, EU VAT number: HU33150176, e-mail address: hello@poltura.com, hereinafter: “Provider”).

1.2. The Terms qualify as general terms and conditions under Section 6:77 of Act V of 2013 on the Civil Code (hereinafter: “Civil Code”). To the Terms and to the provision of the Service, the provisions of Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (hereinafter: “E-Commerce Act”) shall apply in accordance with the applicable statutory provisions.

1.3. The Terms apply exclusively to a business legal relationship. The Service may be used by an entity having a tax number or otherwise capable of being invoiced, including in particular, but not limited to, a sole proprietor, a business entity and other organisations. It is emphasised that the Service is not available to consumers, and the contract concluded on the basis of the Terms does not qualify as a consumer contract.

1.4. The Provider makes its data prescribed in Section 4 of the E-Commerce Act continuously and easily accessible in the legal centre of the Platform. If the data published in the legal centre and those specified in clause 1.1 differ, the data published in the legal centre shall prevail with regard to the company details of the Provider.

1.5. The Provider may restrict the availability of the Service by country. The service territories (the Member States of the European Union, the United Kingdom, Switzerland and Norway) and the scope of countries and territories excluded from the provision of services are contained in the SERVICE TERRITORIES AND PROHIBITED JURISDICTIONS ANNEX. The Provider does not undertake unconditional registration extending to all countries. The Merchant shall declare, as set out in Chapter 8, that its registered office, billing country and actual operations are not linked to an excluded country or territory.

1.6. The Terms are available on the Platform and in the legal centre. The Provider retains all published versions of the Terms in dated archive copies, and makes the version applicable at the time of concluding the contract retrievable retrospectively for the Merchant as set out in Chapter 4.

1.7. In matters not regulated in the Terms, Hungarian law and the directly applicable law of the European Union shall govern. The detailed provisions regarding the governing law and the resolution of disputes are contained in the final provisions of the Terms.

2. Definitions

2.1. In these Terms and in the annexes attached to these Terms, the following capitalised terms shall have the meanings defined in this Chapter. An annex may not introduce a term that conflicts with this Chapter.

2.2. Provider: the legal person specified in clause 1.1, the operator of the Platform.

2.3. Platform: the software-as-a-service environment operated by the Provider, capable of serving multiple Merchants separately, through which the Service is available.

2.4. Merchant: the legal entity entitled to issue invoices that enters into a contract with the Provider on the basis of these Terms, and creates or operates a Store on the Platform. The action of a natural person acting on behalf of the Merchant shall be deemed to be the action of the Merchant if the action was carried out using the access under Chapter 6.

2.5. User: the natural person who, based on the Merchant’s authorisation, uses the Platform on behalf and in the interest of the Merchant, including in particular, but not limited to, the Merchant’s employee and agent.

2.6. Customer: the person who enters into, or intends to enter into, a legal relationship with the Merchant on the public interface of the Store. It is emphasised that, under these Terms, the Customer is not in a contractual relationship with the Provider; the legal relationship between the Customer and the Merchant shall be governed by the Merchant’s own terms.

2.7. Store: the separate electronic commerce interface created on the Platform by the Merchant, which operates with content and settings determined by the Merchant.

2.8. Administration Interface: the interface of the Platform accessible to the Merchant and Users following authentication, through which the Store can be created, configured and operated.

2.9. Service: all features and related activities provided by the Provider through the Platform collectively, with the content and limits corresponding to the Plan chosen by the Merchant.

2.10. Plan: the subscription tier of the Service having the content, fee and limits specified in the text of the PLANS AND PRICING ANNEX published with an effective date as in force from time to time. The Plan applicable to the Merchant is set out in the Order Record.

2.11. Order: the legal statement made by the Merchant through the technical steps set out in Chapter 4, aimed at using the Plan, purchasing an add-on or AI Credit pack related to the Plan, and having a domain name operation performed.

2.12. Order Record: the permanently retained record containing the essential details of the Order, assigned to the Merchant and the affected Store. The Order Record records, in particular, the selected Plan version and its fee, the billing cycle and billing date, the time of entry into force, the User confirming the Order and the time of confirmation, as well as the full title and effective date of the accepted documents, and the fact of the separate acceptances.

2.13. Sub-processor: the service provider engaged by the Provider as a processor for providing the Service, and whose engagement is governed by the rules of the DATA PROCESSING AGREEMENT.

2.14. AI Service: the part of the Service that provides a feature utilising artificial intelligence. The scope and terms of the individual AI Services are defined in the ARTIFICIAL INTELLIGENCE ANNEX. The definition of Output generated by the AI Service is defined in clause 1.3.3 of the ARTIFICIAL INTELLIGENCE ANNEX; this definition shall also apply to these Terms.

2.15. AI Credit: the usage-based billing unit for the AI Services. An AI Credit does not in itself entitle to a specific number of tasks or a specific volume of Output; the actual credit consumption of individual runs may vary from run to run, depending in particular on the volume of input data, the volume and nature of the generated Output, and the feature used. The settlement rules for AI Credits are set out in clause 9.15.

3. Subject matter of the Contract and content of the Service

3.1. The subject matter of the contract concluded on the basis of these Terms is the provision of the Service to the Merchant with the content corresponding to the chosen Plan. The Provider provides access via the Platform to the Administration Interface and to the Features necessary to create, configure and operate the Store, subject to the limits recorded in the PLANS AND PRICING ANNEX and in the Order Record.

3.2. The Service does not constitute the sale of products by the Provider, and the Provider does not participate as a party in the legal relationship between the Merchant and the Customer, in the absence of an express contractual provision to the contrary. The Merchant is responsible for the goods and services offered in the Store, for their description and for their performance as set out in Chapter 8.

3.3. The content, scope of features, quantitative and other limits of each Plan are contained in the PLANS AND PRICING ANNEX published separately with an effective date, or on the corresponding public pricing interface. The body of these Terms does not record Plan names, specific fees or specific limit values; the Plan version recorded in the Order Record shall apply to the Merchant in accordance with the change management procedure set out in Chapter 9.

3.4. The Provider reserves the right to develop, modify and phase out certain Features of the Service, taking into account its existing contractual obligations and the provisions on the amendment of these Terms. A material change of Features affecting an existing contract to the detriment of the Merchant may only take place following prior notice, in compliance with the provisions governing the amendment of these Terms.

3.5. Certain Features of the Service are available on an experimental basis during the launch period. The Provider indicates the fact and duration of the experimental nature on the Administration Interface or in the related annex. It is emphasised that the experimental nature does not exempt the Merchant and the Provider from their data protection, security, information and separate acceptance obligations. The experimental Features of the AI Services shall be governed by the provisions of the ARTIFICIAL INTELLIGENCE ANNEX.

3.6. During the building period of the Store, the Store may be created and prepared without a payment obligation. During this period, the public interface of the Store is not capable of order placement for Customers, and the Merchant may view the Store on the Administration Interface via preview access. The Provider does not apply a traditional, time-limited trial period, with the exception of any free introductory period expressly offered under a Plan.

3.7. The Store goes live at the time when the Plan chosen by the Merchant takes effect and, following the Provider’s confirmation, the Store becomes publicly accessible to Customers and capable of order placement. In the case of advance fee payment, the Plan takes effect upon the successful payment of the fee. In the case of a free introductory period, the Store may open even before the first fee charge.

3.7.1. The Provider records the date and time of going live, and makes it available to the Merchant on the Administration Interface and by means of the confirmation of going live.

3.7.2. The selection of a Plan, the provision of company details, the registration of a payment method, payment pending approval or an unsuccessful payment does not in itself constitute going live.

3.7.3. The subsequent closing or reopening of the public interface of the Store while a paid Plan is in place constitutes a visibility setting, and is not identical to going live for the first time. The Provider shall retain the initial date and time of going live on a permanent basis.

3.8. In respect of a Store that has not gone live and is not subject to fee payment, the Provider applies the following procedure: after 30 days of inactivity, the Provider locks the Store, and after a further 30 days, deletes it.

3.8.1. The inactivity period is restarted by any conscious, authenticated administrative use by the Merchant, including read operations. The period is not restarted by automated background processes, Customer traffic, or operator or support access by the Provider. The start of the inactivity period is the time of the last qualifying administrative activity by the Merchant; if no such activity has yet occurred, the time of creation of the Store. For the purposes of this clause, months shall in all cases be calculated as thirty days.

3.8.2. The Provider notifies the Merchant 1 day prior to locking, and 7 days and 1 day prior to deletion, via the channel set out in Chapter 17, also by electronic mail. The notices prior to deletion shall include the option to choose between return or deletion, the method for requesting an export prior to deletion and the scheduled date of deletion. During the period of locking, the Service related to the Store may be used exclusively to the extent necessary to unlock it and to download the data export archive pursuant to this clause; locking does not in itself entail the deletion of data. Unlocking may take place on the basis of a support request, with the assistance of the Provider, or by commencing the use of a paid Plan – including any trial period thereof –, in which case clause 3.8.3 shall apply; authenticated log-in does not in itself unlock it. If a data export archive was created prior to locking or in connection with locking, it shall remain downloadable on the Administration Interface during the period of locking until deletion is carried out. Under locking, a new data export cannot be initiated in a self-service manner; prior to deletion, the Merchant may request the preparation of a further data export via a support request.

3.8.3. The procedure under clause 3.8 shall not apply to a live Store or to a Store with a valid subscription.

4. Registration, Order and conclusion of the contract

4.1. Registration is a prerequisite for using the Service, during which the natural person acting on behalf of the Merchant creates a user account. During registration, the acting person shall provide true and accurate data, including in particular, but not limited to, an email address suitable for contact. Use of the account becomes possible following completion of the confirmation sent by the Provider.

4.2. Registration does not constitute the ordering of a paid Plan. The Merchant may prepare the Store during the building period under clause 3.6 without any payment obligation. A fee-bearing legal relationship is established in accordance with clause 4.5, upon confirmation of the Order by the Provider.

4.3. The technical steps of the Order are the following:

4.3.1. selection of the Plan based on the version of the PLANS AND PRICING ANNEX available for sale at the relevant time;

4.3.2. providing the Merchant’s billing data, including in particular the designation of the legal entity, the registered office, the billing country and the tax number;

4.3.3. registering the payment instrument or providing the data required for the chosen payment method;

4.3.4. reviewing the summary data of the Order – including the Plan, the fee, the tax treatment and the billing cycle – and correcting data entry errors;

4.3.5. acceptance of the Terms and the attached annexes in accordance with Chapter 5; and

4.3.6. express confirmation of the Order and – in the case of advance fee payment – payment of the fee.

4.4. Prior to confirming the Order, the Merchant may verify and correct the data provided by it. If the fee, tax or other material term changes between the Order summary and confirmation, the fee-bearing legal relationship shall not be established under the changed terms; its establishment requires the resubmission of the changed terms and a new confirmation by the Merchant.

4.5. The contract for the free preparation of the Store under clause 3.6 is concluded during registration, upon express acceptance of the Terms and the DATA PROCESSING AGREEMENT. The fee-bearing legal relationship is established upon confirmation of the Order by the Provider. The Provider shall send the confirmation to the email address provided by the Merchant. The confirmation contains the essential data of the Order, and indicates the full title and effective date of the accepted documents. The Provider shall also record the essential data of the Order in the Order Record. The entry into force of the Plan and the Store going live shall be governed by clause 3.7.

4.6. The Provider may reject the Order in particular, but not limited to, if the Merchant is not an entity capable of issuing invoices, the data provided is untrue or incomplete, the Merchant is linked to an excluded country or territory under the SERVICE TERRITORIES AND PROHIBITED JURISDICTIONS ANNEX, or payment of the fee fails. The Provider shall notify the Merchant of the rejection; any fee already paid for which no consideration was provided shall be refunded by the Provider using the original payment method.

4.7. In accordance with Section 5 of the E-Commerce Act, the Provider records the following:

4.7.1. the technical steps of concluding the contract are set out in clause 4.3;

4.7.2. prior to sending the Order, data entry errors may be identified and corrected in accordance with clause 4.4;

4.7.3. the contract is concluded electronically in accordance with clause 4.5; the Provider records the fact and time of the declaration of acceptance, the accepting User, as well as the full title and effective date of the accepted documents; the content of the contract can subsequently be retrieved without alteration on the basis of this record and the dated document copies archived in accordance with clause 20.10, and therefore the contract is deemed to be in writing pursuant to Section 6:7(3) of the Civil Code; no separate signed copy of the contract is drawn up, and the Provider does not separately file the contract;

4.7.4. the language of concluding the contract is Hungarian; even in the case of an interface in a different language, the Hungarian-language Terms shall prevail, unless the Provider expressly provides otherwise;

4.7.5. the Provider does not subject itself to the provisions of a code of conduct in the course of providing the Service.

4.8. The Order Record is a record of the essential data of the Order, not a separate contractual document. The Provider shall retain the Order Record during the existence of the contract and thereafter in accordance with the applicable statutory provisions, in a manner ensuring the subsequent retrievability of the dated archived document copies.

5. Acceptance of the Terms, order of precedence and separate notice

5.1. The Provider shall make the Terms and the annexes attached to the Terms available to the Merchant and capable of being recorded on a durable medium prior to registration or the Order, as applicable. By making an accepting statement during registration or by confirming the Order, the Merchant declares that it has read and accepted the Terms and the annexes, and has consented to their application to the legal relationship between the parties.

5.2. Acceptance shall take place by way of an express declaration, by ticking the designated checkbox in the Administration Interface or by an equivalent, clearly identifiable act. The Provider shall record the fact, time and accepting User of the acceptance, as well as the full title and effective date of the accepted documents in accordance with the PRIVACY NOTICE. The PRIVACY NOTICE and the COOKIE NOTICE are informational documents; taking note of them does not constitute acceptance for contract formation, and does not substitute for consent given for cookies or marketing purposes.

5.3. If a provision of the Terms or of any of their annexes departs substantially from statutory provisions or standard contractual practice – unless it conforms to the practice established between the parties –, or departs from a term previously applied between the parties, the Provider shall separately inform the Merchant thereof in accordance with Section 6:78 of the Civil Code prior to registration and the Order, or in the case of an amendment, prior to the entry into force of the amendment (hereinafter: separate notice). Such a clause shall become part of the contract exclusively if the Merchant expressly accepts it following the separate notice. The Provider shall record the text and publication date of the separate notice, as well as the fact, time and accepting User of the express acceptance, separately.

5.3.1. The subject of separate notice and express acceptance shall be, in particular, but not limited to, any clause that: (a) limits or excludes liability substantially departing from the statutory scheme; (b) establishes an exclusive remedy; (c) authorises the use of the Merchant’s data beyond its instructions; (d) excludes or limits the refund of fees already paid, balance or purchased AI Credits; or (e) otherwise falls under the qualification pursuant to Section 6:78 of the Civil Code. The subjects of separate notice are in particular: (A) Liability and remedy: Chapter 15, clause 3.4 (Extraordinary Maintenance) and Chapter 6 (exclusive remedy) of the AVAILABILITY AND SUPPORT ANNEX, clause 5.2 (exclusion of warranty and indemnification regarding Output) of the ARTIFICIAL INTELLIGENCE ANNEX; (B) Fee, refund and AI Credit: the part excluding refunds in clauses 9.8.2, 9.8.4 and 9.9, the part excluding the use of AI Credits in clause 9.12.3, the fee consequences of clauses 18.3, 18.5 and 18.7, clauses 2.2, 4.7–4.8, 7.4, 8.1, 8.4, 8.5–8.6, 8.9–8.10, 9.4–9.4.4, 10.6 and Chapter 12 of the PLANS AND PRICING ANNEX, as well as the dynamic, per-run settlement scheme of AI Credits based on clauses 2.15 and 9.15; (C) Data and AI use, audit: clauses 7.4–7.6 (change of Sub-processors), clause 9.3 (fee-based ad hoc assistance) and clauses 12.2–12.3 (frequency, manner and cost-bearing of audits) of the DATA PROCESSING AGREEMENT, clause 4.3 (use of aggregated usage data for development purposes), clause 4.4 (processing of fraud and abuse prevention signals for own purposes) and clause 6.2 (modes of operation without human approval) of the ARTIFICIAL INTELLIGENCE ANNEX. The list does not substitute for the case-by-case assessment of individual clauses.

5.3.2. The Merchant shall accept the clauses of the ARTIFICIAL INTELLIGENCE ANNEX listed in clause 5.3.1 by way of the separate acceptance pursuant to clause 5.3. If the ARTIFICIAL INTELLIGENCE ANNEX subjects the activation of any mode of operation to further acceptance recorded in the Administration Interface, activation is not possible without it.

5.3.3. Separate notice shall take place on an interface separated from the general acceptance of the Terms, which specifies the affected clauses by clause number, briefly summarises their content and the essence of the departure from statutory provisions or standard contractual practice, and makes their full text available. Express acceptance shall take place on the same interface by ticking a checkbox that is not pre-ticked, separate from the checkbox serving general acceptance; failing which the registration or the Order, as applicable, cannot be finalised. The Provider shall record the text and publication date of the interface pursuant to clause 5.3, and shall send a copy thereof to the Merchant by electronic mail.

5.4. In the legal relationship between the parties, the order of precedence of the documents, in the absence of an individually agreed provision to the contrary, shall be as follows:

5.4.1. individual provisions separately, expressly accepted by the parties, provided that an individually accepted provision may not depart from the applicable standard contractual clauses that may be separately recorded pursuant to clause 11.3 of the DATA PROCESSING AGREEMENT;

5.4.2. in data processing matters, the DATA PROCESSING AGREEMENT and any applicable standard contractual clauses;

5.4.3. regarding AI Services, the ARTIFICIAL INTELLIGENCE ANNEX; regarding the content, limits and fees of the Plan, the version of the PLANS AND PRICING ANNEX recorded in the Order Record, to the extent of deviations expressly permitted in the Terms;

5.4.4. the Terms;

5.4.5. the SERVICE TERRITORIES AND PROHIBITED JURISDICTIONS ANNEX, the ACCEPTABLE USE POLICY AND RESTRICTED PRODUCTS ANNEX and the AVAILABILITY AND SUPPORT ANNEX.

5.5. The Merchant’s own general terms and conditions, procurement terms and other stipulations departing from the Terms shall not apply in the legal relationship between the parties, unless the Provider has separately, expressly accepted them. An individually negotiated and accepted term shall take precedence in the event of a conflict with a general provision in accordance with clause 5.4.

5.6. In the event of a material amendment to the Terms, the Provider shall notify the Merchant by electronic mail at least 30 days prior to the entry into force of the amendment. If the amendment introduces or detrimentally modifies a clause falling under clause 5.3, the modified clause shall become applicable to the existing contract exclusively with the Merchant’s express acceptance pursuant to clause 5.3. If the Merchant does not expressly accept the modified clause by the date of entry into force, the earlier clause shall remain in force in the existing contract; in such a case, the Provider may exercise ordinary termination pursuant to clause 18.6, with the application of clause 9.11.4 in an annual cycle. In the case of any other substantially detrimental amendment, the Merchant shall be entitled to the right of termination for the date of entry into force pursuant to clause 18.3. The new version shall be applicable to new Orders from its publication.

6. Account, access and security

6.1. The Merchant may use the Administration Interface via a user account. The Merchant may grant access to Users in the number and scope of permissions permitted by the Plan. The Merchant shall provide access exclusively to persons authorised for that purpose, to the extent necessary to perform the task, and shall revoke access without delay upon cessation of the authorisation.

6.2. The Merchant is responsible for keeping confidential and securely managing the User’s credentials – including in particular, but not limited to, the password and multi-factor authentication tools. Credentials may not be shared with another person. The Merchant acknowledges that the Provider may consider actions performed using its access to be actions of the Merchant, unless the Merchant proves that the action took place by way of unauthorised access, following its notification under clause 6.3.

6.3. In the event of unauthorised access, credentials becoming known to an unauthorised person, or a well-founded suspicion thereof, the Merchant shall notify the Provider without delay at the email address hello@poltura.com, and shall furthermore change its credentials without delay and revoke the affected access. The Merchant shall cooperate with the Provider to a reasonable extent in the investigation of the incident.

6.4. In order to protect the account and access, the Provider applies technical measures proportionate to the risk. The Provider is entitled – in the event of a well-founded suspicion of misuse or a security incident – to restrict or suspend the affected access temporarily, and to call upon the Merchant to carry out further authentication. The Provider shall inform the Merchant of the restriction without delay – to the extent not jeopardising the investigation of the security incident.

6.5. The Merchant shall maintain on its own devices and systems up-to-date security measures necessary for access. Any action aimed at bypassing, circumventing or unauthorised testing of the security mechanisms of the Service is prohibited; such actions shall be governed by the provisions of the ACCEPTABLE USE POLICY AND RESTRICTED PRODUCTS ANNEX.

7. Obligations of the Provider

7.1. The Provider shall operate the Service in accordance with these Terms, the Order Record and the applicable statutory provisions, with the professional care expected of it, including in particular, but not limited to, the maintenance and upkeep of the technical background of the Platform and reasonable measures aimed at remedying errors.

7.2. Detailed commitments concerning the availability, measurement rules, maintenance rules and support of the Service are contained exclusively in the AVAILABILITY AND SUPPORT ANNEX. The main text of these Terms does not specify any availability percentage, level of remedy, recovery time or response time. An availability percentage may be specified exclusively in the AVAILABILITY AND SUPPORT ANNEX, as a commitment substantiated by own measurement and operation.

7.3. The Provider shall inform the Merchant of planned maintenance and any foreseeable intervention materially affecting the accessibility of the Service at least 2 Business Days in advance, on the Administration Interface and by electronic mail. Where possible, the Provider shall carry out planned maintenance in the period between 22:00 and 06:00, according to the Europe/Budapest time zone. The advance notice period shall not apply to urgent security or operational interventions, regarding which information shall be provided retrospectively, without delay.

7.4. The Provider may engage Sub-processors and other contributors for the provision of the Service. The engagement of Sub-processors, notifications thereof and the procedure for objections shall be governed by the DATA PROCESSING AGREEMENT; these Terms do not repeat this provision. The Provider shall be liable for the conduct of its contributor in accordance with the liability provisions of these Terms.

7.5. The Provider shall inform the Merchant of any material change to the Service, including in particular, but not limited to, amendments to the PLANS AND PRICING ANNEX affecting an existing contract and the phasing out of a fundamental Feature, in accordance with the procedure under clause 9.11 and clause 5.6.

7.6. The support channels, severity classification and responses of the Provider shall be governed by the provisions of the AVAILABILITY AND SUPPORT ANNEX. In the absence of information to the contrary, the provisions of these Terms relating to communications shall apply to communications.

8. Obligations of the Merchant and technical requirements

8.1. The Merchant shall use the Service lawfully, in good faith and in accordance with its intended purpose, in accordance with the Terms, the ACCEPTABLE USE POLICY AND RESTRICTED PRODUCTS ANNEX and the applicable statutory provisions. The Merchant shall ensure that Users become aware of and comply with these obligations; for acts of the User, the Merchant shall be liable towards the Provider as if it had acted itself.

8.2. The Merchant shall be exclusively responsible for the content of the Store, including in particular, but not limited to the lawfulness, accuracy of description and pricing of the goods and services offered, the performance of its contracts concluded with Customers, as well as the lawfulness and accuracy of its own terms and conditions and notices. The Merchant shall obtain and maintain the licences, registrations and other authorisations necessary for its activity.

8.3. The Merchant shall keep the data provided during registration and the Order accurate and up to date. The Merchant shall inform the Provider without delay of any changes to the data – including in particular changes affecting its legal personality, registered office, billing country and tax number. The Merchant acknowledges that liability for any consequences arising from any discrepancy between the data returned by tax number verification systems and the legal name provided by it, as well as from the lack of authority to represent, shall be borne by the Merchant if the discrepancy is attributable to the data provided by it.

8.4. By the Order, the Merchant declares that:

8.4.1. it is an entity capable of issuing invoices, and its representative is authorised to conclude the contract;

8.4.2. its registered office, billing country, the country code of its tax number and its actual operation are not connected to an excluded country or territory under the SERVICE TERRITORIES AND PROHIBITED JURISDICTIONS ANNEX; and

8.4.3. neither the Merchant nor, to its knowledge, any person exercising ownership or control over the Merchant falls within the scope of persons designated as prohibited persons under restrictive measures of the European Union.

8.5. If any element of the declaration under clause 8.4 proves to be untrue, or the Merchant, its representative or a person exercising ownership or control over it becomes subject to a restrictive measure, the Merchant shall notify the Provider without delay. In such a case, the Provider is entitled – in accordance with the applicable statutory provisions – to suspend the Service and terminate the contract in accordance with the provisions of the Terms on termination. It is emphasised that a check carried out on the basis of the country code of the tax number, the registered office and the billing country does not constitute an individual, manual ownership and control check, and does not exempt the Merchant from its declaration under this clause. In the event of an obvious identity of names or another obvious warning sign, the Provider may carry out an ad hoc check and suspend the Service until the check is concluded.

8.6. The Merchant shall publish and keep up to date its own legal documents on the public interface of the Store – including in particular its own terms and conditions and privacy notice. The use of a technical tool, configuration option or template provided by the Provider does not eliminate the Merchant’s own compliance obligation and does not constitute legal advice.

8.7. The technical prerequisites necessary for using the Service – including in particular the supported browser and internet connection – shall be published by the Provider on the Administration Interface or in the related product documentation. The Merchant shall be responsible for the operation of its own devices, network and its own or third-party services connected to the Store, except where the error arises within the Provider’s sphere of interest.

8.8. The Merchant shall comply with the limits of the Plan. In the event of exceeding a limit, the Provider is entitled – following prior notice, except in cases directly endangering the security of the Service or other Merchants – to restrict the further expansion of the affected Feature to the reaching of the limit, and to call upon the Merchant to switch to a higher Plan or to reduce usage. Exceeding a limit shall not in itself give rise to a claim for fees over and above the fee recorded in the Order Record, unless supported by the applicable version of the PLANS AND PRICING ANNEX and the express order of the Merchant.

8.9. The Merchant shall cooperate with the Provider during the performance of the contract, including in particular, but not limited to providing the information necessary for troubleshooting and feedback within a reasonable time limit. The Merchant may, in its own competence, make a backup copy of the data entered by the Merchant into the Platform by means of the export options provided by the Service; this option shall not affect the Provider’s obligations under the DATA PROCESSING AGREEMENT.

9. Fees and payment terms

9.1. The Service is subject to payment of a fee, with the exception of the building period under clause 3.6 and any free introductory period expressly offered under the Plan. The Merchant shall pay the fee for the selected Plan in accordance with this Chapter.

9.2. The fees, content and limits of the Plans, the determination of fees according to billing cycles, the amount of add-ons, AI Credit packs and one-off fees, the legal consequences of exceeding limits and the conditions of any discounts, as well as the pricing consequences of disputed payments are set out in the PLANS AND PRICING ANNEX published separately with an effective date, or on the corresponding public pricing interface. The Terms provide only a general framework in these matters; the specific price, percentage and limit value, as well as the detailed rules on exceeding limits, are contained in the PLANS AND PRICING ANNEX. The fee applicable to the Merchant is in all cases determined by the Plan variant and price recorded in the Order Record, with the change management procedure under clause 9.11.

9.3. The Plan may be subscribed to on a monthly or annual billing cycle. The cycle aligns with the start date of the subscription and is not tied to a calendar month or calendar year. The annual fee is payable in a lump sum in advance. The method of determining the annual fee – in particular, but not limited to taking into account any free months or percentage discounts – is determined by the applicable version of the PLANS AND PRICING ANNEX.

9.4. The fees are payable increased by tax under the applicable tax legislation, unless reverse charge or out-of-scope treatment applies. The Merchant is responsible for the accuracy and validity of the data necessary for its tax classification – in particular, the tax number. The Provider issues the invoice electronically and sends it to the contact address provided by the Merchant, and makes it available on the Administration Interface. The fee is payable in Hungarian Forints (HUF) or Euros (EUR), in accordance with the choice recorded in the Order Record. The fee may be paid via the following payment methods: (a) by payment card, and in the case of payment in Euros, by SEPA direct debit, through Stripe Technology Europe, Limited and – in the scope of technological platform services – Stripe Payments Europe, Limited (together: Stripe payment service provider); or (b) by bank transfer to the Provider’s payment account maintained with Wise Europe SA. The account details and reference required for the bank transfer are contained in the invoice or the Order Record. The processing and storage of payment card data are governed by the procedures of the payment service provider; the Provider does not store full payment card details.

9.5. In the case of a payment method authorising recurring charges, the fee is due on the first day of the service period, and by placing the Order the Merchant authorises the Provider to charge the fee per cycle upon falling due. In the case of payment by bank transfer, the payment deadline is 8 days from the date of issue of the invoice, and the Provider may make the renewal invoice due before the start of the next service period, taking into account the payment deadline. The Merchant is responsible for the validity of the payment instrument and for ensuring sufficient funds.

9.6. In the case of a free introductory period, the first paid period begins upon expiry of the free period. The Provider shall send a reminder to the Merchant 3 days before it becomes subject to payment. If the Merchant cancels the Plan by the end of the free period in accordance with the provisions of these Terms governing termination, no fee may be charged for the first paid period.

9.7. The subscription automatically renews at the end of each billing period with the same cycle, unless the Merchant has scheduled a cancellation for the end of the period. The Provider shall send a reminder to the Merchant 30 days and 7 days prior to the renewal of an annual cycle. The renewal fee is payable according to the Plan variant and price recorded in the Order Record, as amended by any change under clause 9.11.

9.8. A plan change shall take place in accordance with the following procedure:

9.8.1. A change to a higher-fee Plan takes effect immediately. The difference is payable for the remaining period, and the Provider shall offset the unused value of the previous Plan against the difference.

9.8.2. A change to a lower-fee Plan takes effect at the end of the current billing period. The Provider shall not refund the difference in this case.

9.8.3. A change from a monthly cycle to an annual cycle takes effect immediately, with a new billing start date, offsetting the unused value of the monthly period. A change from an annual cycle to a monthly cycle may only take place at the end of the annual period.

9.8.4. The purchase of an add-on or an increase in its quantity takes effect immediately, and the pro-rata difference is payable; its reduction and cancellation take effect at the end of the period, without a pro-rata refund or credit, unless the applicable version of the PLANS AND PRICING ANNEX expressly provides otherwise. A usage allowance acquired through a one-off purchase cannot be carried over to a later period, unless the annex expressly permits it.

9.9. The Merchant may cancel the subscription at any time with effect as of the end of the current billing period. In the case of cancellation, the Plan and the Store operate until the last day of the period, after which the subscription does not renew. Cancellation for the end of the period may be revoked before the end of the period. In the case of cancellation, the Provider does not refund the fee for an already commenced period. In the case of cancellation of an annual cycle, the subscription remains in effect until the end of the annual period; this does not constitute an additional lock-in period beyond the already commenced, paid annual period. The further legal consequences of termination are governed by the provisions of these Terms relating to duration and termination.

9.10. Cancellation or a plan change does not in itself give rise to a general right to a pro-rata refund. Upon a plan change, the unused value is settled by means of a credit or set-off. Beyond the refund under clauses 9.4–9.4.3 of the PLANS AND PRICING ANNEX and clauses 4.6 and 9.13, a financial refund may take place in particular in the case of erroneous or duplicate charging by the Provider, proven abuse or a significant service outage, with the individual permission and reasoned decision of the Provider, by way of a refund to the original payment instrument, by bank transfer or as a balance credit. In the case of a one-off usage allowance, a refund – where its conditions are met – may only extend to unused units. The extension under the AVAILABILITY AND SUPPORT ANNEX and the refund under this clause are distinct from each other; their joint applicability is determined by the AVAILABILITY AND SUPPORT ANNEX.

9.11. The Provider reserves the right to amend the PLANS AND PRICING ANNEX in accordance with the following procedure:

9.11.1. The new version is applicable to new Orders from the date of its publication.

9.11.2. A published Plan variant and price shall not be amended retroactively. The publication of a new Plan variant does not in itself switch an existing subscription to the new variant; renewal takes place based on the Plan variant and price recorded in the Order Record (continuation of previously recorded terms).

9.11.3. A price increase, reduction of limits or phase-out of a core feature affecting an existing contract may only be applied following prior notice, observing the provisions governing amendments to the Terms. The contractual minimum for such migration is as follows: (a) the Provider shall inform the Merchant at least 30 days prior to the effective date by e-mail of the content of the change, its effective date and fee impact; (b) the information shall specify the rights to which the Merchant is entitled in the absence of acceptance; and (c) if the change affects a clause falling under clause 5.3, the implementation shall take place exclusively with the express acceptance of the Merchant. In the case of any other substantially disadvantageous change, the Merchant may terminate the contract with effect as of the date of entry into force in accordance with clause 18.3; in the absence of the exercise of this right, the change enters into force at the indicated date.

9.11.4. During an annual, prepaid cycle, a material change to the detriment of the Merchant may only be applied within the cycle with the express acceptance of the Merchant. In the absence of acceptance, the change enters into force at the earliest upon the next renewal, subject to ensuring the right of termination under clause 18.3. An exception to this is an amendment under clause 18.4 based on a change in legislation, a court or administrative order, or one that is necessary without delay in the interest of the security of the Platform.

9.11.5. A general reference to the version of the PLANS AND PRICING ANNEX in force from time to time does not constitute authorisation for the Provider to withdraw a feature or increase fees in an existing contract without notice and without the consequences under clause 9.11.3.

9.12. In the event of late payment, the following procedure shall apply:

9.12.1. In the case of a payment method authorising recurring charges, if the charging of the fee due is unsuccessful, the Provider shall repeat the charge on the 1st, 3rd, 5th and 7th day following the due date, and shall notify the Merchant of each unsuccessful charge by e-mail and on the Administration Interface. The public interface of the Store remains accessible until the end of the 7th day.

9.12.2. In the case of payment by bank transfer, if the fee is not received by the payment deadline, the Provider shall send a payment reminder. The grace period in such cases lasts until the end of the 7th day following the expiry of the payment deadline; during this time, the public interface of the Store remains accessible.

9.12.3. If the Merchant fails to settle the fee debt by the end of the seventh day under clauses 9.12.1–9.12.2, the Provider is entitled to suspend the Service. During the suspension, the public interface of the Store is not accessible, and purchased AI Credits may not be used. The limits of the Administration Interface and stored items during suspension are governed by clause 4.7 of the PLANS AND PRICING ANNEX; these limits do not affect the public availability of the Store. The Provider shall notify the Merchant of the suspension without delay. The continuation of the payment obligation during suspension is governed by clause 14.13.

9.12.4. Following settlement of the full fee debt, the Provider shall lift the suspension without undue delay and restore the Service. Following the unsuccessful lapse of 30 calendar days from the suspension, the Provider may terminate the contract by extraordinary termination with a notice period of at least 7 calendar days communicated after the 30th day, so that termination may fall on the 37th day following the date of suspension at the earliest.

9.12.5. In the event of late performance of a monetary payment obligation, the defaulting party shall pay default interest under Section 6:155 of the Civil Code, as well as the flat-rate recovery cost under Act IX of 2016 on the Flat-rate Recovery Cost. This clause shall also apply to the late performance of the Provider’s refund obligation.

9.13. In the event that an obviously erroneous fee is indicated due to an unequivocal clerical error, the Provider is entitled to inform the Merchant of the correct fee prior to commencing performance. In such case, the contract shall only be concluded upon acceptance of the correct fee by the Merchant; in the absence of acceptance, the Provider shall refund the amount already paid without delay via the original payment method.

9.14. The Merchant may raise an objection regarding the invoice within 30 calendar days of receipt of the invoice. The belatedness of an objection submitted after the expiry of the deadline does not in itself result in forfeiture of rights. The objection does not affect the payment deadline for the undisputed portion. In the event of a justified objection, the Provider shall issue a corrective invoice and settle the difference in accordance with clause 9.10.

9.15. The use of AI Services – where the applicable version of the PLANS AND PRICING ANNEX so provides – takes place through the use of AI Credits, in accordance with the following procedure:

9.15.1. The quantity of AI Credits included in the Plan, the fee, validity and carry-over to a later period of separately purchasable credit allowances are determined by the applicable version of the PLANS AND PRICING ANNEX. The Plan variant and price applicable to the Merchant are recorded in the Order Record.

9.15.2. The Provider is entitled to continuously modify the underlying model, provider routing – within the scope of Sub-processors under the DATA PROCESSING AGREEMENT –, system settings, measurement and logging methods, and optimisation procedures of the AI Services, in particular, but not limited to gradual rollouts and the use of experimental variants across certain groups of Merchants. Such modification, as well as any resulting variance in the actual credit consumption of individual runs, does not in itself constitute a price increase or a reduction of limits, and no prior notice is required therefor, provided that the Provider complies with clauses 9.15.3 and 9.15.4.

9.15.3. The Provider shall make available on the Administration Interface the quantity of AI Credits at the Merchant’s disposal, the usage of the allowance included in the Plan, as well as the remaining quantity and expiry of purchased and otherwise credited allowances. The Provider keeps itemised records of deductions and, in the event of a well-founded, written objection by the Merchant, provides information regarding deductions for the disputed period. Deductions may only be made up to the extent of AI Credits at the Merchant’s disposal; no overage fee may be charged.

9.15.4. Additional resource consumption incurred by the Provider in the course of experimentation or optimisation under clause 9.15.2 – in particular, but not limited to parallel and evaluation runs – may not be charged to the Merchant. Only normalised usage related to the Merchant’s input and the generation of the Output delivered to it may be charged to the Merchant. No deduction shall be made for an unsuccessful run resulting from an error of the Provider or the system, nor for repeating it.

9.15.5. A lasting change to the detriment of the Merchant in the accounting definition of AI Credits, the credit quantity included in the Plan or the fee of separately purchasable credit allowances is governed not by clause 9.15.2, but by the change management procedure under clause 9.11.3. A lasting change includes, in particular, an amendment to the conversion base or formula that materially increases the amount of AI Credits deductible for the same input and Output.

10. Rights of use and intellectual property

10.1. All intellectual property rights attached to all elements of the Platform, the Administration Interface and the Service – including in particular, but not limited to the software, structure, branding elements and documentation – belong to the Provider or its legal predecessor, or its related right holder. The Terms do not constitute a transfer of intellectual property rights.

10.2. The Provider grants the Merchant, for the duration of the contract, within the framework of the Plan, to the extent necessary for creating and operating the Store, a non-exclusive, non-transferable and non-sublicensable right of use to use the Platform and the Administration Interface. The right of use terminates upon termination of the contract, with the exception of provisions expressly applicable even after the termination of the contract.

10.3. Beyond the right granted in clause 10.2, the Merchant is not entitled, in particular, but not limited to, to reproduce, adapt, reverse engineer, distribute or make available to third parties the whole or any part of the Platform, unless expressly permitted by a mandatory statutory provision or prior written consent has been given by the Provider. The Provider is the right holder of all trademarks, brand names and logos used on the Platform, or the Provider uses them with the permission of the right holder; the Merchant is entitled to use them exclusively with the prior written permission of the Provider.

10.4. Rights attached to content entered, uploaded to the Platform or published in the Store by the Merchant belong to the Merchant or the right holder of the content. The Merchant warrants that it is entitled to use the content within the framework of the Service, and that it does not infringe the right or legitimate interest of any third party.

10.4.1. In respect of the content, the Merchant grants the Provider a right of use aligned with the duration of the contract, to the extent necessary for providing, operating and securing the Service, including in particular, but not limited to storage, technical reproduction, format conversion for serving purposes and display on the public interface of the Store in accordance with the Merchant’s settings. This right does not entitle the Provider to exploit the content commercially on an independent basis outside the Service, in the absence of express authorisation to the contrary.

10.4.2. For the handling of content containing personal data, the provisions of the DATA PROCESSING AGREEMENT shall apply alongside clause 10.4.1, and supersede it in respect of matters regulated differently, in the order of precedence under clause 5.4.

10.5. In respect of the theme, layout and custom code determining the appearance of the Store, the following demarcation shall apply:

10.5.1. rights attached to core elements, templates and built-in components provided by the Provider belong to the Provider or its related right holder; they are subject to the right of use under clause 10.2, and may not be exploited independently, separately from the Store, unless the Provider expressly provides otherwise;

10.5.2. rights to custom content and custom code created by or created for the Merchant shall be governed by clause 10.4, with the proviso that clause 10.4.1 shall apply to the use of custom code necessary for interoperability with the Platform;

10.5.3. the use of theme or code elements originating from a third party shall also be governed by the terms of the respective right holder; the Merchant is responsible for compliance with them if the element was introduced by the Merchant.

10.6. Rights of use relating to Output, any restrictions arising from external model providers and the allocation of liability are set out in the ARTIFICIAL INTELLIGENCE ANNEX. The main body of the Terms does not establish any right in respect of Output differing from the ARTIFICIAL INTELLIGENCE ANNEX.

10.7. If the Merchant communicates a proposal, comment or other feedback to the Provider in connection with the Service, the Provider may use it for the development of the Service without consideration, without disclosing data capable of identifying the Merchant and Confidential Information. The use of feedback does not affect rights attached to the Merchant’s content and does not oblige the Provider to implement the proposal. Feedback containing personal data shall be governed by the PRIVACY NOTICE.

10.8. The Provider may use the Merchant’s name and logo as a reference exclusively with the prior written permission of the Merchant, with the content and in the visual form specified in the permission. The permission may be revoked in writing with future effect; in the event of revocation, the Provider shall remove the reference display from the interfaces under its control within a reasonable deadline. The Merchant may refer to the Provider’s name or logo as a reference exclusively with the prior written permission of the Provider, with the content and in the visual form specified in the permission.

10.9. The provisions of this Chapter do not affect the general rules on the enforcement of claims affecting intellectual property and indemnification; those shall be governed by the relevant provisions of the Terms. Restrictions applicable in the event of security-threatening or infringing use of the Service shall be governed by the ACCEPTABLE USE POLICY AND RESTRICTED PRODUCTS ANNEX and the provisions of the Terms relating to restrictions.

11. Confidentiality

11.1. The Parties mutually undertake that they shall treat information not publicly available received from the other Party or learned about the other Party in connection with the conclusion and performance of the contract (hereinafter: “Confidential Information”) as confidential, use it exclusively for the purpose of performing the contract, and shall not transfer it, make it accessible or disclose it to any third party without the prior written permission of the other Party.

11.2. Confidential Information shall include in particular, but not limited to, data and knowledge not publicly available relating to the business, commercial, financial and technical operations of the other Party, non-public fee and Plan terms, information relating to access and security settings, as well as any data that the disclosing Party designated as confidential at the time of disclosure or the confidential nature of which clearly follows from the circumstances of the disclosure. It is emphasised that content placed by the Merchant on the public interface of the Store for the purpose of publication shall not qualify as Confidential Information in the context of such publication.

11.3. With respect to Confidential Information containing Personal Data, the confidentiality obligation set out in this Chapter does not replace or narrow the data processing obligations under the DATA PROCESSING AGREEMENT; the two sets of obligations shall apply alongside each other.

11.4. Information shall not qualify as Confidential Information in respect of which the receiving Party proves that

a) it was already lawfully in its possession at the time of disclosure, without an obligation of confidentiality;

b) it became public following disclosure, without a breach of contract by the receiving Party;

c) the receiving Party lawfully received it from a third party who was entitled to disclose it; or

d) the receiving Party developed it independently, without using the Confidential Information.

11.5. Confidential Information may be made accessible exclusively to such User, employee, contributor or advisor who needs to know the information for the performance of the contract and who is bound by a confidentiality obligation. The Party shall be liable for any breach of the confidentiality obligation by the persons referred to in this clause as if it had committed the breach itself.

11.6. The confidentiality obligation shall not prevent the disclosure of Confidential Information pursuant to law or a court or administrative order. The Party obliged to disclose shall – to the extent permitted by applicable legal provisions – notify the other Party of the disclosure without delay, where possible prior to the disclosure, and shall limit the disclosure to the scope strictly necessary for complying with the order.

11.7. The Parties shall act with at least the same degree of care in protecting Confidential Information as they apply to protecting their own confidential information of a similar nature, and shall in all cases act with at least the care reasonably to be expected.

11.8. If an unauthorised disclosure of, or unauthorised access to, Confidential Information comes to the knowledge of a Party, the Party shall notify the other Party without delay, and shall cooperate with the other Party within a reasonable scope in order to avert and mitigate the consequences of the unauthorised disclosure or access. This clause does not affect the notification obligation regarding a Personal Data Breach under the DATA PROCESSING AGREEMENT.

11.9. Upon termination of the contract, or upon the written request of the disclosing Party to that effect, the receiving Party shall – at the choice of the disclosing Party – return or delete the data carriers containing Confidential Information, not including copies whose retention is mandatorily prescribed by law, or which are overwritten in the ordinary course of backups; Confidential Information retained in this manner shall remain subject to the provisions of this Chapter for the entire duration of retention and may not be used for any other purpose.

11.10. The confidentiality obligation under this Chapter shall remain in force for 5 years from the termination of the contract. With regard to liability for breach of the confidentiality obligation, the provisions of Chapter 15 shall apply.

12. Data protection

12.1. The data protection roles of the Parties shall be interpreted in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter: “GDPR”).

12.2. In connection with the operation of the Store, in respect of personal data of Customers and visitors to the public interface of the Store, the Merchant qualifies as the controller, and the Provider acts as the processor of the Merchant. This processing relationship is governed by the DATA PROCESSING AGREEMENT forming part of the Terms, in accordance with the applicable statutory provisions and in compliance with the requirements set out in Article 28 of the GDPR. An exception is made for fraud and abuse prevention signals under clause 4.4 of the ARTIFICIAL INTELLIGENCE ANNEX, which the Provider processes as an independent controller. In this respect, clause 4.4 of the ARTIFICIAL INTELLIGENCE ANNEX may – within the scope of signal use defined therein that does not identify the submitting Merchant to other Merchants – provide differently from Chapter 11.

12.3. In respect of personal data linked to the Merchant’s account, Users and contact persons and processed for the Provider’s own purposes, the Provider qualifies as the controller; information on these processing activities for own purposes is provided by the Provider’s PRIVACY NOTICE.

12.4. The Merchant acknowledges that, as controller, it is its own responsibility to ensure the existence of the legal basis necessary for the processing of personal data of Customers, to prepare and make available privacy notices for Customers, and to fulfil its obligations arising from the applicable statutory provisions in connection with its capacity as controller.

12.5. It is emphasised that this Chapter does not repeat data processing provisions. Exclusively the provisions of the DATA PROCESSING AGREEMENT shall apply to the subject matter, duration and instruction regime of the processing, the engagement and records of Sub-processors, technical and organisational measures, the handling of Personal Data Breaches, support for Data Subject requests, transfers to third countries, audits, as well as the return and deletion of processed data upon termination.

12.6. In accordance with what is set out in clause 12.5, in the event of any discrepancy between the Terms and the DATA PROCESSING AGREEMENT on matters affecting data processing, the order of precedence under Chapter 5 shall apply.

12.7. The Merchant shall not use the Platform for the processing of personal data the processing of which via the Platform is in breach of statutory provisions; in the event of a breach of this obligation, the Provider may apply the measures under Chapter 14, without affecting the Merchant’s liability as controller.

13. AI Services

13.1. The Service may also include AI Services in accordance with the Plan and the Order Record. The scope, terms of use and liability regime of the AI Services are set out in the ARTIFICIAL INTELLIGENCE ANNEX forming part of the Terms; this Chapter sets out framework provisions only, and does not repeat or replace the substantive rules of the ARTIFICIAL INTELLIGENCE ANNEX.

13.2. The Merchant acknowledges that the operation of the AI Services may depend on models and related technical services provided by third parties, and therefore their availability, operational characteristics and the nature of the Output may vary depending on the specific characteristics of individual features and the model used. The procedure for switching models and providers and for material operational changes to features is set out in Chapter 10 of the ARTIFICIAL INTELLIGENCE ANNEX; in the event of a change affecting personal data, the provisions of the DATA PROCESSING AGREEMENT shall govern with respect to Sub-processors.

13.3. An AI Service may be used within the scope of the features specified in the ARTIFICIAL INTELLIGENCE ANNEX and in the manner specified therein. The availability of individual features, the related usage limits and – if the feature bears such a designation – its experimental nature are indicated on the Administration Interface and in the ARTIFICIAL INTELLIGENCE ANNEX.

13.4. The Merchant acknowledges that, depending on the feature, the operation of individual AI Services may include steps requiring human involvement as well as automated steps – including in particular, but not limited to, the generation of a risk flag or suggestion, and, within the scope specified in the ARTIFICIAL INTELLIGENCE ANNEX, automatic execution. The mode of operation of individual features, the built-in steps of human oversight and approval, and the information and intervention options associated with automated operation are set out exclusively in the ARTIFICIAL INTELLIGENCE ANNEX; on the basis of this Chapter, it may not be presumed in respect of any AI Service that its Output is subjected to human review.

13.5. Data and instructions input into the AI Service, their transmission to the model and technical service providers used, as well as the retention of such data and their use for training or other own purposes, shall be governed by the provisions of the ARTIFICIAL INTELLIGENCE ANNEX and, with respect to personal data, the DATA PROCESSING AGREEMENT.

13.6. Rights of use in respect of the Output, the procedure for the verification and publication of the Output by the Merchant, transparency and labelling obligations – having regard also to the requirements set out in the text in force from time to time of Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending certain Union legislative acts (hereinafter: the “AI Act”) –, as well as prohibited purposes of use, shall be governed by the provisions of the ARTIFICIAL INTELLIGENCE ANNEX. If Article 50 of the AI Act applies to an AI Service, transparency obligations related to the design of the AI Service shall be fulfilled by the Provider, and obligations incumbent on the deployer – including the obligation under Article 50(4) – shall be fulfilled by the Merchant. The Merchant shall not remove or obscure the transparency marking provided by the Provider.

13.7. The general prohibitions of the ACCEPTABLE USE POLICY AND RESTRICTED PRODUCTS ANNEX shall also apply to the use of the AI Services. In accordance with clause 13.1, in matters concerning an AI Service, in the event of any discrepancy between the Terms and the ARTIFICIAL INTELLIGENCE ANNEX, the order of precedence under Chapter 5 shall apply.

14. Content moderation, restriction and suspension

14.1. This Chapter governs in what cases and what restrictive measures the Provider may apply in connection with content placed in the Store or the use of the Platform, and the procedure under which such measures may be taken. The scope of prohibited and restricted content and activities is set out in the ACCEPTABLE USE POLICY AND RESTRICTED PRODUCTS ANNEX, which forms part of the Terms; this Chapter does not repeat the substantive rules governing this scope.

14.2. The Provider shall apply its measures in accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: “DSA”) applicable to the Provider, as well as with other applicable statutory provisions. Those procedural safeguards in this Chapter that are not mandatorily imposed on the Provider by the DSA constitute voluntary contractual commitments; they do not constitute an acknowledgement of the Provider falling into any additional category of provider under the DSA.

14.3. The Provider may apply a restrictive measure in particular, but not limited to, where

a) the content placed in the Store or the use of the Platform conflicts with law, the Terms or the ACCEPTABLE USE POLICY AND RESTRICTED PRODUCTS ANNEX;

b) the restriction is required by a court or administrative order;

c) the content or use infringes or directly jeopardises the security of the Platform, the rights of other Merchants or Customers, or the rights of third parties; or

d) another provision of the Terms expressly entitles the Provider to restrict.

14.4. The Provider may apply the following restrictive measures, individually or in combination with each other:

a) a notice to cease the infringing situation within a deadline;

b) restricting the visibility of individual content items, or removing them from the public interface of the Store;

c) restricting or suspending the use of individual Service features;

d) restricting or suspending the access of individual Users;

e) suspending the public availability of the Store; and

f) suspending the Service as a whole.

The termination of the contract by extraordinary termination shall be governed by the provisions of Chapter 18.

14.5. The procedure regarding the graduated application of restrictions is as follows. The Provider shall, having regard to the severity and recurring nature of the infringement and the scope of rights endangered, apply the mildest measure that is suitable for ending the infringing situation, and shall, where possible, issue a prior notice to the Merchant requesting that the infringing situation be terminated within a specified deadline, accompanied by the prospect of the measure. A more severe measure may be applied directly primarily in the event of a serious or repeated infringement, an unsuccessful notice, or the existence of an urgent case under clause 14.6.

14.6. By way of derogation from clause 14.5, the Provider may apply a restrictive measure without delay, without prior notice and without prior notification, if delay would jeopardise compliance with a court or administrative order, would allow a serious infringement to continue, would directly endanger the operational security of the Platform or of another Merchant, or if Customers or third parties would suffer direct and substantial harm. In such cases, only prior notice and prior notification may be omitted; the Provider shall communicate the statement of reasons under clause 14.8 to the recipient of the service concerned at the latest simultaneously with the implementation of the restriction.

14.7. It is emphasised that the Provider is under no obligation to engage in general, continuous monitoring of all content and products placed in the Stores, and the Provider does not undertake prior, automated moderation of products and content published by the Merchant. An investigation by the Provider may take place, in particular, on the basis of a notice under Article 16 of the DSA, an official request, or the Provider’s own detection. Where the Provider uses automated means during the investigation, it shall indicate this fact in the notice provided to the person concerned in accordance with the provisions of the DSA; a restrictive decision affecting the Merchant’s content may be taken with a statement of reasons under clause 14.8.

14.8. The Provider shall provide the recipient of the service concerned with a statement of reasons under Article 17 of the DSA in respect of a restrictive measure under clause 14.4(b)–(f). The statement of reasons shall include, to the extent applicable to the case in question: (a) the type, scope, territorial scope and duration of the measure; (b) the facts and circumstances relied on in taking the decision; (c) whether the decision was taken pursuant to a notice or on the basis of an investigation carried out on the Provider’s own initiative; (d) an indication of the legal or contractual ground relied on, as well as an explanation of why the content or use concerned is considered illegal or incompatible with the Terms; (e) where applicable, the fact that automated means were used in detecting or decision-making; and (f) the options for submitting comments and redress mechanisms available to the recipient of the service concerned. In addition to the Merchant, the statement of reasons shall be provided to any other recipient of the service concerned—including a Customer publishing content in the Store—where their electronic contact details are known. A statement of reasons is not required where the information concerned is deceptive high-volume commercial content. The Provider shall communicate the statement of reasons—even in an urgent case under clause 14.6—at the latest simultaneously with the implementation of the restriction. Where the restrictive measure was based on a notice under clause 14.14, the Provider shall communicate the name and contact details of the person submitting the notice to the Merchant only if and to the extent strictly necessary for assessing the alleged illegality or for the Merchant’s defence, or where its communication is mandatorily prescribed by law.

14.9. The Merchant may submit comments against the restriction through the contact channels under Chapter 17, in which it may demonstrate that the situation underlying the restriction has ceased or that the restriction is unfounded. The Provider shall examine the comments and inform the Merchant of its position. Where the reason for the restriction has ceased to exist, or where the restriction proves to be unfounded based on the examination, the Provider shall terminate the restriction without delay and restore the restricted scope of the Service. In the absence of information to the contrary, the submission of comments shall not suspend the implementation of the restriction.

14.10. Prohibited Jurisdictions and restrictive measures. The Provider does not provide the Service to any Merchant whose registered office, place of business or actual place of use of the Service is located in a country or territory subject to European Union country- or territory-specific restrictive measures and designated by the Provider in a separate annex (hereinafter: “Prohibited Jurisdiction”). The itemised list of Prohibited Jurisdictions and the rules for updating it are set out in the SERVICE TERRITORIES AND PROHIBITED JURISDICTIONS ANNEX.

14.11. The Merchant represents that none of its registered office, place of business or the actual place of use of the Service is located in a Prohibited Jurisdiction, that it is not subject to any restrictive measure applicable under the law of the European Union or the law applicable according to its registered office or activities that would preclude the use of the Service or performance by the Provider, and that it does not use the Platform to circumvent such restrictive measures. The Merchant shall notify the Provider without delay of any change in its circumstances under this clause.

14.12. In order to verify compliance with clauses 14.10 to 14.11, the Provider may, on the basis of data provided by the Merchant—including in particular, but not limited to, the country code of the tax number, registered office, place of business, billing country and actual place of use of the Service—reject the Order or suspend performance of the existing contract. If the Merchant relocates its registered office, place of business or actual place of use of the Service to a Prohibited Jurisdiction, the country or territory concerned becomes a Prohibited Jurisdiction, or the Merchant becomes subject to a restrictive measure, the Provider may suspend the Service and exercise extraordinary termination under Chapter 18; where performance is prohibited by law, suspension may be applied without delay, without prior notice and without an additional period. Nothing in this clause shall be construed as the Provider undertaking an obligation to carry out an individual, manual check of representatives and ultimate beneficial owners of all Merchants.

14.13. Where the restriction or suspension is attributable to a breach of contract by the Merchant, the obligation to pay fees that have already become due shall continue, and fees already paid for the current service period shall not be refunded in respect of the duration of the restriction or suspension. During the suspension affecting the Service as a whole, no new service period shall commence and no fees may be charged for a new period until the Provider restores the Service or the contract terminates. Suspension due to fee arrears under clause 9.12.3 shall be deemed a suspension affecting the Service as a whole for the purposes of a new service period and fee charging, irrespective of whether the Administration Interface remains accessible with the limits under clause 4.7 of the PLANS AND PRICING ANNEX. A partial restriction shall not affect the Merchant’s fee payment obligation. The fact of restriction alone shall not terminate the contract and shall not affect the liability rules under Chapter 15.

14.14. Notice of illegal content and review of decisions. This clause governs the procedure for notifying allegedly illegal content placed in the Store and the review of decisions taken on the basis of such notices, in accordance with Article 16 of the DSA. This clause does not affect the provision on the absence of a general monitoring obligation under clause 14.7.

14.14.1. A notice regarding allegedly illegal content (hereinafter: “Notice”) may be submitted primarily via the Provider’s publicly accessible reporting form, the access path to which is published by the Provider in its legal centre and via a link accessible from the public interface of the Stores. No registration or account is required to submit a Notice. As a backup channel, a Notice may also be submitted by e-mail to the e-mail address dsa@poltura.com; a Notice submitted in this manner shall be processed by the Provider in the same way as a Notice submitted via the form. Where possible, the subject line of the e-mail should indicate “Notice of illegal content”. The absence of this subject indication shall not in itself invalidate a Notice submitted by e-mail.

14.14.2. The Notice should, where possible, contain the following information and statements of the person submitting the notice (hereinafter: “Notifier”):

a) a sufficiently substantiated explanation of the reasons why the content concerned is alleged to be illegal, where possible identifying the statutory provision or right alleged to have been infringed;

b) the exact electronic location of the content concerned, primarily its network address (URL), and, where necessary to identify the content, additional information enabling the identification of the Store concerned and the specific content item concerned;

c) the name and electronic mail address of the Notifier, except in the case of a Notice concerning information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, where the provision of such information may be omitted; and

d) a bona fide statement that the information and allegations contained in the Notice are accurate and complete to the best of the Notifier’s knowledge and belief.

If the Notifier does not provide electronic contact details, the Provider will not be able to send the acknowledgement of receipt and the decision under clause 14.14.4 to the Notifier.

14.14.3. In the case of an incomplete Notice, the Provider may—where electronic contact details of the Notifier are available—request the Notifier to remedy the deficiencies. The incompleteness of a Notice shall not in itself lead to its automatic rejection if the alleged illegality and the content concerned can otherwise be identified based on the information provided; in such cases, the Provider shall assess the Notice on the basis of the information available to it.

14.14.4. The Provider shall—where the electronic contact details of the Notifier are available—acknowledge receipt of the Notice to the Notifier without undue delay. The Provider shall process the Notice in a timely, diligent, non-arbitrary and objective manner. The Provider shall inform the Notifier of its decision taken in respect of the Notice without undue delay. The notification shall include information on whether the Provider has applied any measure in respect of the content concerned, an indication of the options for review and other redress mechanisms available to the Notifier under clause 14.14.6, as well as—where automated means were used for processing or decision-making—that fact.

14.14.5. Where the Provider establishes that the content concerned conflicts with law, the Terms or the provisions of the ACCEPTABLE USE POLICY AND RESTRICTED PRODUCTS ANNEX, it shall apply a measure proportionate to the case under clauses 14.3 to 14.6. In such cases, the statement of reasons addressed to the Merchant concerned shall be governed by clause 14.8, and the communication of the Notifier’s data to the Merchant shall be governed by the last sentence of clause 14.8.

14.14.6. The Merchant concerned may submit comments against the restriction in accordance with clause 14.9. In addition, the Merchant concerned, any recipient of the service whose content or access is the subject of the restriction, and any Notifier who has been informed by the Provider of its decision under clause 14.14.4, may, within six months of the date of communication of the notification of the decision, request a review of the decision on the review interface indicated in the notification of the decision, or by e-mail at the e-mail address dsa@poltura.com, where possible indicating “Review of restriction” in the subject line of the e-mail. In a review request submitted by e-mail, the content concerned must be identified, primarily by its network address (URL), and—where known to the applicant—the decision subject to review. The review shall be carried out free of charge, electronically, under the supervision of suitably qualified staff; the review decision shall not be based solely on automated means. Where, based on the review, the restriction or the decision proves to be unfounded, the Provider shall terminate the restriction and restore the content concerned or the restricted scope of the Service without undue delay, or, where no measure was taken, shall take the proportionate measure under clause 14.14.5, and shall inform the applicant of the result of the review. In the absence of information to the contrary, the submission of a review request shall not suspend the implementation of the restriction in accordance with clause 14.9, and shall not affect the right of the person concerned to initiate proceedings before a court or a competent authority.

14.15. Where the Provider becomes aware of any information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place, it shall inform the competent law enforcement or judicial authority without delay pursuant to Article 18 of the DSA.

15. Liability and indemnification

15.1. The liability of the Parties for breach of contract shall be governed by the provisions of the Civil Code, with the limitations and exceptions set out in this Chapter. Damage caused by a breach of contract shall be compensated by the breaching Party taking into account the foreseeability limit under Section 6:143 of the Civil Code; the aggrieved Party shall be subject to an obligation of mitigation of damage in accordance with the applicable statutory provisions.

15.2. The Merchant acknowledges that the Merchant and the Customer are the parties to the legal relationships established through its Store; the Merchant shall be liable for the performance of these legal relationships, for the products and services offered, for the information related thereto, and for the legality of the content placed by the Merchant in the Store. The Provider shall be liable for the contractual provision of the Service and for the Platform’s own operation in accordance with the Terms and their annexes; the Provider shall bear no liability for the Merchant’s business decisions, pricing, and performance towards Customers.

15.3. In the scope of the Provider’s availability and support commitment, the legal consequences of breach of contract shall be governed by the AVAILABILITY AND SUPPORT ANNEX, including the remedy regulated therein. The remedy under the AVAILABILITY AND SUPPORT ANNEX shall be the exclusive remedy for breach of the availability obligation; it does not affect liability for other breaches of contract. The limitations under clauses 15.4 to 15.7 shall not apply to the remedy set out in the AVAILABILITY AND SUPPORT ANNEX, in the absence of an express provision to the contrary; the exceptions under clause 15.6 shall also apply in this scope. The exclusivity does not affect claims that cannot be excluded under clause 15.6; in the case of other breaches of the availability obligation, no damages may be claimed in addition to the remedy under the AVAILABILITY AND SUPPORT ANNEX.

15.4. With the exceptions set out in clause 15.6, neither Party shall be liable for indirect damage, consequential damage, and loss of profit incurred by the other Party, even if it received information on the possibility of such damage occurring at the time of concluding the contract. The exclusion under this clause shall not apply to claims falling within the scope of exceptions under clause 15.6.

15.5. Exclusion of the Provider’s liability for damages. With the exception of what is set out in clause 15.6, to the fullest extent permitted by law, the Provider shall not be liable to the Merchant for any material and non-material damage, cost, and restitution for infringement of personality rights (sérelemdíj) arising in connection with the use of the Service or the Provider’s breach of contract, and shall not be obliged to pay damages or indemnification. The exclusion extends in particular to direct and indirect damage, consequential damage, loss of profit or revenue, loss of business opportunity, harm to reputation, data loss, and damage resulting from business interruption. This clause does not affect the Provider’s non-damages obligations, including in particular its troubleshooting, restoration, data return, and fee refund obligations under the applicable annex, as well as the Merchant’s rights to terminate the contract.

15.6. The exclusion under clauses 15.4 and 15.5 shall not apply:

a) to intentional breach of contract, or breach of contract causing harm to human life, physical integrity or health, considering that a clause limiting or excluding liability for such breach of contract is null and void pursuant to Section 6:152 of the Civil Code;

b) to any claim in respect of which the exclusion or limitation of liability is expressly prohibited by mandatory law, or declared null and void or not binding on the Merchant;

c) to the Merchant’s indemnification obligation under clauses 15.8 and 15.10; and

d) to the Merchant’s due fee payment obligation.

15.7. In the case of a claim concerning data protection, no provision of this Chapter shall limit the rights and powers of the Data Subject or the supervisory authority under the GDPR; the Parties shall settle between themselves—including claims under the DATA PROCESSING AGREEMENT—pursuant to Chapter 15. Liability under Article 28(4) of the GDPR in the relationship between the Parties means that a breach of obligation by the Sub-processor and the imputability thereof, for the purposes of clauses 15.5 to 15.6, shall be deemed to be the Provider’s own breach of obligation and imputability, and shall be judged by the same standard; the Provider may not rely on the fact that the breach of obligation was committed by the Sub-processor. This classification in itself shall not create an obligation to pay damages or reimbursement extending beyond clauses 15.5 to 15.6. This clause does not limit the Merchant’s non-damages rights, including in particular troubleshooting, information, notice to replace the Sub-processor, and termination of the contract. An administrative fine imposed on a Party by a supervisory authority and the payment thereof may not be passed on in the relationship between the Parties: it may not be claimed under Chapter 15—including indemnification under clause 15.8—and shall not constitute damages under Article 82 of the GDPR.

15.8. The Merchant’s indemnification obligation. The Merchant shall hold harmless the Provider from any claim enforced by a third party—including in particular, but not limited to, the Customer and a supervisory or other authority—and indemnify it for damage and reasonable legal costs incurred by the Provider in connection therewith—with the exception of an administrative fine imposed on the Provider by a supervisory or other authority—which

a) a product or service offered by the Merchant in the Store, the Merchant’s performance towards Customers, or content placed or published by the Merchant;

b) a breach of the Merchant’s controller obligations, including the lack of a lawful legal basis and appropriate information;

c) a breach by the Merchant of the Terms, the ACCEPTABLE USE POLICY AND RESTRICTED PRODUCTS ANNEX, or the ARTIFICIAL INTELLIGENCE ANNEX; or

d) an infringement of a third party’s intellectual property right or other right attributable to the Merchant’s conduct

arises from or occurs in connection with, provided that the claim is not attributable to the Provider’s breach of contract.

15.9. Exclusion of the Provider’s indemnification obligation. With the exception of what is set out in clause 15.6, the Provider shall have no indemnification obligation in connection with alleged intellectual property infringement of the Platform or the Service, or the use of Output. This clause does not affect the non-monetary remedies under clause 15.11.

15.10. Procedure for indemnification. The Party claiming indemnification shall notify the indemnifying Party in writing without delay of the third-party claim; any delay in notification shall affect the indemnification obligation only to the extent that it actually impeded the defence of the indemnifying Party. The indemnifying Party is entitled to direct the defence at its own expense through reasonably selected legal counsel; the indemnified Party may join the proceedings at its own expense and shall provide the cooperation necessary for the defence—at the expense of the indemnifying Party. The indemnifying Party may not enter into a settlement involving a payment obligation incumbent on the indemnified Party, an admission of liability, or an outcome restricting the use of the Service, without the prior written consent of the indemnified Party; consent may not be withheld without reasonable cause.

15.11. If, due to an alleged infringement under clause 15.9, the use of the Platform or a part of the Service is prohibited or, in the Provider’s assessment, cannot lawfully be continued, the Provider is entitled—at its own expense—to obtain the right of use, or to replace or modify the affected part with a non-infringing, substantially equivalent solution. If neither solution is reasonably achievable, the Provider may phase out the affected part of the Service in accordance with Chapter 18; the Merchant may exercise its rights regarding the already commenced period thus adversely affected pursuant to Chapter 18.

15.12. A Party learning of the occurrence of damage or the imminent danger thereof shall inform the other Party without delay, and shall take the measures expected of it in order to prevent, avert, and mitigate the damage.

15.13. Insurance. The Terms do not impose an obligation on the Provider to take out or maintain insurance. The existence, absence, or coverage of insurance shall not in itself expand or modify the extent of liability under this Chapter.

16. Force majeure

16.1. An event beyond the party’s control that was unforeseeable at the time of concluding the contract and could not be prevented with reasonable care qualifies as force majeure, including in particular, but not limited to natural disaster, war, act of terrorism, embargo or a new restrictive measure directly impeding performance, epidemiological authority measure, an authority order prohibiting performance, and wide-scale outage of energy, telecommunications or internet infrastructure.

16.2. An event that could have been prevented with reasonable preparation within the party’s own sphere of operation, a lack of financial capacity of the party to perform, changes in market prices or costs, or non-performance by the party’s contributor shall not qualify as force majeure, unless the non-performance by the contributor is itself attributable to an event under clause 16.1. An IT attack qualifies as force majeure exclusively if it impedes performance despite protection applied to avert the attack that complies with the applicable statutory provisions and the measures set out in the DATA PROCESSING AGREEMENT.

16.3. The party invoking force majeure shall notify the other party in writing without delay of the event and of its impact on its performance, shall continuously take the measures reasonably expected of it in order to restore performance and mitigate adverse consequences, and shall inform the other party of significant developments.

16.4. During the duration of the force majeure, the performance of the affected obligations shall be suspended to an extent and for a duration proportionate to the impediment, and in this scope neither party shall bear liability for damages for non-performance or non-conforming performance. This clause does not affect the obligation to pay the consideration for the Service already performed.

16.5. If the force majeure impedes the provision of a material part of the Service for 30 consecutive days, either party is entitled to terminate the contract by extraordinary termination pursuant to Chapter 18. Such termination does not affect the rights otherwise existing in connection therewith that may be exercised under the Civil Code and the applicable statutory provisions.

16.6. If force majeure impedes the use of the Service in its entirety, the affected subscription period shall be extended by one day for each calendar day affected by total outage. Partial impediment does not give rise to an extension. No monetary credit is attached to the extension.

17. Contact and customer support

17.1. Statements in connection with the contract may – unless expressly provided otherwise – be made in writing, via the channels under clause 17.2. The requirement of written form is also satisfied by a statement made through the Administration Interface with authenticated User access, as well as an electronic mail sent to the contact address under clause 17.2.

17.2. The primary channels for contractual notices are:

a) for the Provider: the hello@poltura.com electronic mailing address, in the case of a support request the support@poltura.com electronic mailing address and the interface designated for receiving support requests on the Administration Interface, as well as further contact details published in the Provider’s legal centre; and

b) for the Merchant: the contact electronic mailing address recorded in the Order Record and in the Merchant’s account, as well as a notice appearing on the Administration Interface.

Clause 14.14 shall govern the reporting of illegal content and requesting a review of a restriction. The point of contact for authorities under Article 11 of the DSA is the dsa@poltura.com electronic mailing address; the languages of communication are Hungarian and English. The point of contact for recipients of the service under Article 12 of the DSA is the support@poltura.com electronic mailing address and the support interface of the Administration Interface; communication does not take place exclusively by automated means. The Provider also publishes the points of contact in its legal centre.

17.3. A notice sent by electronic mail shall be deemed communicated when it becomes accessible in the recipient’s electronic mailbox, and a notice appearing on the Administration Interface shall be deemed communicated upon being recorded on the interface. The Provider shall also send a notice of termination and information concerning any material amendment by electronic mail; the Merchant shall ensure receipt of such notice by keeping its contact details up to date.

17.4. The Parties shall notify each other without delay of any change in their contact details, in the case of the Merchant by modifying the data recorded in its account. Until notification of the change, a notice sent to the previously recorded address shall be deemed legally effective.

17.5. The Provider shall provide its operational notices not related to the contract – in particular, but not limited to, information regarding maintenance, operational malfunctions and their remediation – on the Administration Interface or to the affected Merchants by electronic mail, in accordance with the rules set out in the AVAILABILITY AND SUPPORT ANNEX. Such operational notices do not in themselves constitute a contractual legal statement.

17.6. The channels, availability times, severity classification and response procedures of customer support are set out in the AVAILABILITY AND SUPPORT ANNEX.

17.7. The Merchant may submit its request regarding an error in the Service, invoicing or performance of the contract (for the purposes of this Chapter, hereinafter: “Complaint”) via the channels under clause 17.2, specifying the Store affected by the request, the time of detection and the disputed circumstance. The Provider shall confirm receipt of the Complaint within 3 Business Days and assign it an identifier.

17.8. The Provider shall examine the Complaint and inform the Merchant of its substantive position within 30 calendar days of receipt. If the Complaint is well-founded, the Provider shall take measures to remedy the error and restore the contractual state in accordance with the applicable legal consequences, including the remedy under the AVAILABILITY AND SUPPORT ANNEX if the conditions therefor are met.

17.9. It is emphasised that a Complaint under this Chapter is a request between business partners; the Terms do not contain procedures for consumer complaints or consumer disputes. Handling claims submitted by Customers against the Merchant is the responsibility of the Merchant as set out in clause 15.2.

18. Term, amendment and termination

18.1. The contract shall remain in effect from the start date recorded in the Order Record, for the service periods applicable to the Plan – monthly or annual according to the Order Record. The service period is fixed to the start date of the subscription. Upon expiry of the period, the contract shall automatically renew for the same cycle, unless the Merchant has exercised end-of-period cancellation pursuant to clause 18.5, or the contract is otherwise terminated pursuant to this Chapter.

18.2. Amendment of the Terms and their annexes. The Provider reserves the right to amend the Terms and their annexes – having regard to its existing contractual obligations. The amended version may be applied to new contracts from its publication. In the case of an amendment affecting an existing contract that is materially disadvantageous to the Merchant – including in particular, but not limited to, a fee increase, a material narrowing of the content of the Plan, the phasing out of a core feature, and an adverse change in the liability rules –, the Provider shall notify the Merchant by e-mail at least 30 days prior to the effective date, specifying the amended provisions and the effective date.

18.3. If the Merchant does not accept the material amendment pursuant to clause 18.2, it is entitled, before the amendment takes effect, to terminate the contract with effect from the date on which the amendment takes effect. If the Merchant does not exercise this right, the amendment shall also take effect for the existing contract at the specified time. Amendments to terms falling under clause 5.3 shall be governed by clause 5.6; such terms shall not become applicable through the Merchant’s silence. In the event of termination under this clause, a refund shall be due pursuant to clause 9.4.1(b) of the PLANS AND PRICING ANNEX.

18.4. An amendment based on a change in legislation, a court or regulatory order, or immediately necessary to protect the security of the Platform may be brought into effect without the prior notice period under clause 18.2; in such case, the Provider shall inform the Merchant without delay, and – if the amendment is materially disadvantageous to the Merchant – the Merchant may exercise its right of termination under clause 18.3 following such notification. Terms falling under clause 5.3 shall not become applicable under this clause either without express acceptance; clause 5.6 shall govern them. The right of termination may be exercised within 30 calendar days of notification, with termination taking effect on the effective date of the amendment; in such case, a refund shall be due pursuant to clause 9.4.1(b) of the PLANS AND PRICING ANNEX. The archival preservation of amended versions shall be governed by the provisions of Chapter 20.

18.5. End-of-period cancellation. The Merchant may cancel the contract on the Administration Interface at any time with effect from the end of the current service period. The Plan and the Store shall continue to operate until the last day of the period, after which it shall not renew and the contract shall terminate. End-of-period cancellation may be revoked on the Administration Interface prior to the end of the period. The Provider shall not refund fees already paid for the period on account of the cancellation, except in the case pursuant to clause 9.4 of the PLANS AND PRICING ANNEX, and where applicable legal provisions make a refund mandatory.

18.6. Ordinary termination by the Provider. The Provider may terminate the contract with effect from the end of the current service period by ordinary termination with a notice period of at least 30 days. The Provider shall communicate the notice of termination no later than the 30th day prior to the last day of the current service period; a notice of termination communicated thereafter shall terminate the contract with effect from the end of the following service period.

18.7. Immediate termination initiated by the Merchant. The Merchant may also initiate immediate termination of the contract on the Administration Interface. In this case, the Provider shall shut down the operation of the Store without delay and schedule it for deletion, shall not refund the fee for the period already paid – subject to the exceptions set out in clause 18.5 –, and the provisions of clauses 18.13–18.15 shall apply to the data. The Merchant may request the restoration of the Store in writing within 30 calendar days of immediate termination. The Provider shall not delete data stored in live systems until the expiry of this 30-day period, unless the Merchant expressly waives the possibility of restoration in its deletion choice under the DATA PROCESSING AGREEMENT, or deletion is required by law. The condition of restoration is that the deletion has not yet been executed, the Merchant has no outstanding debts due, and no legal or security reason precludes the re-provision of the Service. Where these conditions are met, the Provider shall restore the Store. Restoration shall not create a right to a refund of the periodic fee already paid.

18.8. Extraordinary termination. Either Party is entitled to terminate the contract in writing with immediate effect if the other Party commits a material breach of an essential obligation arising from the contract, and the infringing situation – if remediable – is not remedied even within an additional period of 30 calendar days from the communication of a written notice to that effect. Extraordinary termination may be exercised without setting an additional period if the breach cannot be remedied, its remediation cannot reasonably be expected from the terminating Party, or the case set out in clause 18.9 exists.

18.9. The Provider may exercise extraordinary termination pursuant to clause 18.8 in particular, but not limited to, where:

a) the Merchant materially or repeatedly breaches the ACCEPTABLE USE POLICY AND RESTRICTED PRODUCTS ANNEX, or maintains the infringing content or use despite notice pursuant to Chapter 14;

b) the Merchant is in default with its payment obligation exceeding the extent specified in Chapter 9, where the notice procedure set out therein has been unsuccessful;

c) the Merchant becomes located in a Prohibited Jurisdiction pursuant to clauses 14.10–14.11, or becomes subject to a restrictive measure that precludes performance by the Provider;

d) the Merchant materially breaches its confidentiality obligation under Chapter 11 or its controller obligations; or

e) the Merchant becomes insolvent, bankruptcy, liquidation or voluntary dissolution proceedings are initiated against it, or it decides to terminate its business activities.

The Provider shall communicate an extraordinary termination exercised under point (a) with a statement of reasons pursuant to clause 14.8. The statement of reasons shall not in itself create a right of review pursuant to clause 14.14.6; that applies exclusively to restrictions falling within the scope of clause 14.14.

18.10. The Merchant may exercise extraordinary termination pursuant to clause 18.8 in particular, but not limited to, where:

a) the Provider materially breaches an essential obligation and fails to remedy it within the additional period pursuant to clause 18.8;

b) the conditions of persistent default specified in the AVAILABILITY AND SUPPORT ANNEX are met, according to the threshold and procedure set out therein; or

c) the Provider becomes insolvent, bankruptcy, liquidation or voluntary dissolution proceedings are initiated against it, or it decides on the definitive discontinuation of the Service, without prejudice to clause 18.16.

18.11. Locking due to inactivity. The locking of a non-live Store not subject to fee payment due to inactivity shall be governed by clause 3.8. Locking shall not in itself terminate the contract.

18.12. Deletion following inactivity. If the unlocking pursuant to clause 3.8 does not take place for an additional 30 days, the Provider is entitled to terminate the contract relating to the Store concerned with effect from the time of deletion, and to delete the data of the Store. The export period pursuant to clause 18.13 and the choice and deletion periods pursuant to clause 13.2 of the DATA PROCESSING AGREEMENT shall not apply to this termination. The data processing regime for this termination shall be governed by clause 13.2.1 of the DATA PROCESSING AGREEMENT; the warning procedure, unlocking, and pre-deletion export – as the option to choose return – shall be governed by clause 3.8.2, and backup copies and data required to be retained shall be governed by clause 18.15.

18.13. General legal consequences of termination. Upon termination of the contract, the Merchant’s entitlement to use the Service shall cease, and the Provider shall close the public availability of the Store and User accesses; this shall not affect the Merchant’s option to export data pursuant to clause 18.14 during the 30-day export period following termination. Termination shall not affect fee and other payment obligations incurred up to termination, nor claims of the Parties against each other incurred up to that time.

18.14. Data export. During the term of the contract, as well as during the export period pursuant to clause 18.13, the Merchant is entitled to extract the following scopes of data, or to request their release. Extraction shall take place using the export features available on the Administration Interface, or – if the given export is not available on a self-service basis, or the contract has already terminated – via an export file prepared by the Provider upon a request submitted through the channel pursuant to clause 17.2(a). The self-service availability of individual export features may depend on the status of the Store, the Plan, and the User’s permissions; the Provider does not warrant that all exports are available automatically on a self-service basis in every case. The scopes of data are:

a) a tabular (CSV format) file containing product data;

b) a tabular (CSV format) file containing Order data;

c) export of data of individually specified Customers in the format available on the Administration Interface;

d) an export file of the Store’s theme;

e) the data export archive, which contains Customer data in CSV and JSONL format, data of sent e-mails, as well as customer support conversations with available attachments in JSONL format, media files with their accompanying manifest, and the table of contents of the archive; and

f) scopes of data extractable via further export features available on the Administration Interface, thus in particular inventory, form submissions, translations, redirects, newsletter subscribers, and invoices.

Traffic data generated on the public interface of the Store and available to the Provider cannot be exported on a self-service basis; the Merchant may request its release through the channel pursuant to clause 17.2(a), within its retention period. The Provider shall release data to be released upon request – including traffic data – without undue delay, in a structured, commonly used and machine-readable format, free of charge; the self-service limit under the Plan shall not affect the free-of-charge release upon request. The Merchant’s own conversation history shall be deemed to be the Merchant’s data and may be exported: customer support conversations with Customers in the archive pursuant to point (e), and conversations of Users with the AI assistant available on the Administration Interface upon request submitted through the channel pursuant to clause 17.2(a), within their retention period. The following strictly defined categories of data characteristic of the internal operation of the Service constitute the Provider’s trade secrets or protect the security of the Platform, and therefore do not fall within the scope of data exportable pursuant to this clause: (i) system instructions and instruction templates prepared by the Provider; (ii) model selection and routing rules and their internal logs; (iii) fraud detection and abuse prevention rules, thresholds and internal scores; and (iv) security and integrity logs of the Platform. This exception shall not extend to Input provided by the Merchant or the User and Output generated for it, even if also recorded in an internal log. Content created and stored in the Store by AI Services may be exported together with the Store’s data, in accordance with the above data scopes. The Merchant is responsible for performing or requesting the export required by it before termination takes effect or before the expiry of the export period; the Merchant, as controller, shall process the data transferred during export in accordance with the applicable legal provisions.

18.15. Deletion transition. Following termination of the contract, the return and deletion of personal data processed via the Platform shall be governed by the provisions of the DATA PROCESSING AGREEMENT. Deletion shall take place by data group, in the order and according to the time limits set out in the DATA PROCESSING AGREEMENT, including the overwriting of backup copies in the routine backup schedule; therefore, the date of termination of the contract cannot be regarded as the date of simultaneous, final deletion of all data. Data whose retention is mandatorily required by law – including in particular, but not limited to, provisions on accounting, tax and invoicing records – or which is necessary for the establishment, exercise or defence of legal claims, may be retained until the expiry of the mandatory retention period or for the time necessary for the enforcement of claims, and may not be used for other purposes.

18.16. Definitive discontinuation of the Service. If the Provider decides on the definitive discontinuation of the Platform or the Service as a whole, it shall notify the Merchants at least 90 days prior to the planned date of discontinuation through the channel pursuant to Chapter 17, ensuring the possibility of data export pursuant to clause 18.14 until discontinuation. The contract shall terminate on the planned date of discontinuation; the 30-day export period following termination shall be governed by clauses 18.13–18.15, and the procedure for choosing and deleting personal data shall be governed by Chapter 13 of the DATA PROCESSING AGREEMENT. The refund of fees associated with this termination shall be governed by clause 9.4.1 of the PLANS AND PRICING ANNEX.

18.17. The termination of the Store or the contract shall not in itself terminate the legal relationship existing with a third party regarding a domain name registered under the Merchant’s own name; the transfer and management of the domain name shall be governed by the provisions of Chapter 19 and the terms of the third party concerned.

18.18. The provisions of Chapter 11, Chapter 12, Chapter 15 and Chapter 20, the deletion provisions of the DATA PROCESSING AGREEMENT, as well as provisions that by their nature are to apply after termination, shall continue to apply after the termination of the contract.

18.19. Switching between providers. This clause and its sub-clauses shall apply exclusively if and to the extent that the Service qualifies as a data processing service within the meaning of Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (hereinafter: “Data Act”), and Chapter VI of the Data Act applies to it. In this case, the Provider shall provide the switching rights set out in this clause to the Merchant as a contractual obligation, taking into account the Data Act. If this clause applies, its provisions shall take precedence in the event of any conflict with the provisions of clauses 18.1, 18.5 and 18.13–18.14, as well as Chapter 9. If the Data Act provides for a rule that is more favourable to the Merchant, that rule shall prevail; this clause shall not restrict the mandatorily applicable provisions of the Data Act.

18.19.1. The Merchant may, by notice communicated on the Administration Interface or via the channel pursuant to clause 17.2, initiate switching from the Service to a service of the same service type of another provider or to its own on-premises ICT infrastructure, or having its exportable data pursuant to clause 18.19.4 erased upon termination of the contract. In the notice, the Merchant shall specify which of the above steps it selects; in the case of switching to another provider, it shall provide the data necessary to identify the new provider.

18.19.2. The switching process shall start on the date specified by the Merchant in the notice, but no later than upon expiry of 2 months from the communication of the notice (notice period). During the transition period of up to 30 calendar days following the notice period, the contract shall remain in force under unchanged conditions, and the Provider shall:

a) provide reasonable assistance to the Merchant and a third party authorised by it for switching, including the transfer of available information necessary for the exit;

b) continue to provide the contractual features with due care;

c) inform the Merchant of any risks known to it affecting the continuity of the Service;

d) maintain data security, in particular during the transfer thereof, as well as during the data retrieval period pursuant to clause 18.19.5; and

e) make available the scopes of data pursuant to clause 18.19.4 – including scopes of data releasable upon request – without undue delay, in a structured, commonly used and machine-readable format, free of charge.

If the 30-calendar-day transition period is technically unfeasible, the Provider shall communicate this with justification within 14 Business Days of the communication of the notice, and specify an alternative transition period of not more than 7 months. During the alternative transition period, the contract shall remain in force under unchanged conditions, and the Provider shall fulfil its obligations under points (a)–(e). The Merchant may extend the transition period once, for a period that it considers appropriate for its own purposes; it may exercise this right prior to or during the transition period by notice communicated through the channel pursuant to clause 18.19.1.

18.19.3. The Provider shall support the Merchant’s exit strategy throughout the term of the contract, and make available on request all information relevant thereto. The Provider shall publish in an up-to-date manner in its legal centre the available switching and data transfer procedures, methods and formats, the restrictions and technical limitations known to it, as well as the register containing the data structures, data formats and relevant standards of exportable data.

18.19.4. The exhaustive list of categories of data and digital assets that can be ported during switching is set out in clause 18.14 and the register pursuant to clause 18.19.3. The enumeration in clause 18.14 shall not restrict this exhaustive scope. The list shall cover at least all input and output data generated directly or indirectly by, or co-generated by, the Merchant through the use of the Service, including metadata, settings and configuration data. The Provider shall release such data upon request even if not specifically named in the enumeration. On the basis of Article 25(2)(f) of the Data Act, only the strictly defined categories of data characteristic of the internal operation of the Service specified in clause 18.14 shall not qualify as exportable data, as their release would compromise the Provider’s trade secrets or the security of the Platform. This exception shall not extend to Input provided by the Merchant or the User and Output generated for it, even if also recorded in an internal log, and shall not obstruct or delay switching.

18.19.5. The contract shall terminate upon the successful completion of the switching process, or – where the Merchant has chosen only the erasure of its data – at the end of the notice period; the Provider shall notify the Merchant of the termination. Switching shall be deemed to be successfully completed where the Merchant so indicates, or failing this, at the latest upon expiry of the transition period – or, in the case of extension, the extended transition period. The first 30 days following termination – during which the public interface of the Store no longer operates in accordance with clause 18.13 – shall qualify as the export period pursuant to clause 18.13, the data retrieval period under the Data Act, and the selection period pursuant to clause 13.2.2 of the DATA PROCESSING AGREEMENT, regardless of whether termination occurred prior to the expiry of the transition period. Following the expiry of this 30-day period, the Provider shall erase all data pursuant to clause 18.19.4 stored in live systems – including data not qualifying as personal data – within the following 30 days at the latest, in total no later than by the 60th day following termination of the contract; backup copies and data required to be retained shall be governed by the backup and mandatory retention rules pursuant to clause 18.15.

18.19.6. The fee for the Plan shall be payable until termination of the contract in accordance with the PLANS AND PRICING ANNEX. The Provider shall not charge switching charges for the switching process. The Provider shall not pass on to the Merchant data egress charges or costs of third parties engaged by it for switching. An additional service provided at the Merchant’s request going beyond the obligations under the Data Act shall only be subject to a fee if the fee has been accepted by the Merchant in advance. The refund of fees paid in advance shall be governed by clause 9.4.1 of the PLANS AND PRICING ANNEX.

18.19.7. The Provider shall provide information prior to concluding the contract, as well as continuously in its legal centre, on: a) standard service fees and the fee consequences of early termination, including the refund procedure pursuant to clause 9.4 of the PLANS AND PRICING ANNEX and the fate of purchased AI Credits; b) the fact that it does not impose switching charges for the switching process; c) any service elements involved in particularly complex or costly switching. Information pursuant to Article 28 of the Data Act on the jurisdiction of the ICT infrastructure used for the provision of the Service, as well as measures taken to prevent international governmental access to non-personal data conflicting with Union law, is likewise available in the legal centre.

18.19.8. If the Merchant disputes whether this clause applies to its contract, it may request the communication of the Provider’s reasoned position through the channel pursuant to clause 17.2(a). The Provider shall communicate the position in writing within fifteen Business Days of receipt of the request, stating the reasons for and against applicability. The Provider’s position regarding the applicability of this clause is not exclusively determinative: it is not binding on the Merchant, and does not affect the Merchant’s right to make the notice pursuant to clause 18.19.1, to turn to a dispute settlement body certified in accordance with Article 10 of the Data Act or to lodge a complaint with the competent authority pursuant to Article 38 thereof, or to enforce its claim before the court pursuant to clause 20.2. The request for a position and any ongoing dispute regarding applicability shall not affect the Merchant’s right to data export pursuant to clause 18.14; the Provider shall fulfil requests pursuant to clause 18.14 without undue delay during the dispute.

19. Integrations and third-party services

19.1. In accordance with the Plan and the Order Record, the Service may enable the connection of the Platform with services provided by third parties chosen by the Merchant – including in particular, but not limited to payment, shipping, invoicing, newsletter and domain name management features –, as well as the use of applications and themes provided by third parties. This Chapter exclusively sets out the general boundaries of liability for this connection; separate application, application programming or payment terms may only be established in the document governing the actual making available of the feature concerned.

19.2. The use of a third-party service chosen by the Merchant shall be governed by the legal relationship established between the Merchant and the third party concerned, as well as the third party’s own contractual and data protection terms. The Provider is not a party to this legal relationship and, under these Terms, is not deemed to be the provider of the service of the third party concerned, the determiner of its pricing, or a guarantor of its performance. A service that the Provider offers as a reseller in exchange for its own fee, in particular a domain name operation under Chapter 10 of the PLANS AND PRICING ANNEX, shall not be deemed to be a third-party service chosen by the Merchant. In such case, the rules of the operation shall be determined by the relevant annex, whilst the division of liability for the performance of the third party concerned shall be governed by clause 19.3.

19.3. In accordance with what is stated in clause 19.2, the third party providing the third-party service shall be liable towards the Merchant for the content, price, modification, phase-out and availability of that service. Within the framework of Chapter 15, the Provider shall be liable for the contractual operation of the connection that it itself implements and makes available as part of the Platform; an error originating from the third party’s system, if not attributable to a breach of contract by the Provider, shall not constitute a breach of contract by the Provider.

19.4. Enabling the connection, extending data synchronisation and terminating the connection shall take place on the Administration Interface through a User possessing appropriate permissions. The protection and management of authentication credentials, keys and permissions used for the connection shall be governed by the provisions of Chapter 6; the Merchant is responsible for transferring to the third-party service only the scope of data necessary for its intended purpose.

19.5. If the connection involves the transfer of personal data, the Merchant as controller is itself responsible for having a legal basis for the transfer, concluding the necessary contractual guarantees with the recipient of the data, and informing Customers of the transfer. A third party that participates as a Sub-processor of the Provider in the processing carried out through the Platform shall not, for the purposes of this Chapter, be deemed to be a service chosen by the Merchant; the engagement of Sub-processors and the Provider’s liability for them shall be governed exclusively by the provisions of the DATA PROCESSING AGREEMENT.

19.6. If a payment feature becomes available on the public interface of the Store via a third party, the terms and pricing of the payment service shall be determined by the third party providing it; under this Chapter, the Provider shall not become the provider of this payment service. The collection of the Provider’s own Plan fees shall be governed by the provisions of Chapter 9.

19.7. In maintaining the availability of individual connections, the Provider is reliant on the technical conditions made available by third parties. If the third party substantially modifies or terminates the technical conditions of the connection, the Provider shall inform the Merchant thereof – to the extent that can reasonably be expected of it –; if the change constitutes the phase-out of a core feature of the Service under an existing contract, the amendment procedure under clauses 18.2–18.4 shall apply.

19.8. Upon termination of the connection with the third-party service, the data stored with the third party concerned shall be governed by the legal relationship between the Merchant and the third party; upon termination of the connection, the Provider shall cease further data transfer through the Platform. In accordance with what is stated in clause 18.17, this clause shall also apply to the Merchant’s domain name registered through a third party.

20. Closing provisions

20.1. On matters not regulated in the Terms, the provisions of Hungarian law and directly applicable European Union law shall govern.

20.2. The courts of Hungary shall have jurisdiction to decide disputes arising from the legal relationship between the parties. To the extent permitted by law, the parties agree that the Hungarian court having subject-matter jurisdiction based on the registered office of the Provider existing at the time of filing the statement of claim shall have exclusive territorial jurisdiction to resolve their disputes. If a mandatory statutory provision prescribes exclusive jurisdiction or territorial jurisdiction, that shall govern. In the event of a dispute arising, the parties shall primarily seek to reach an agreement through negotiation; this provision does not prevent either party from enforcing its claim before a court if negotiations do not lead to a result within a reasonable time.

20.3. The order of precedence under Chapter 5 shall apply to the Terms and their annexes. The PRIVACY NOTICE and the COOKIE NOTICE are informational documents, not contractual terms; they are not included in the order of precedence under this clause.

20.4. If any provision of the Terms is invalid or unenforceable, the remaining provisions of the contract shall remain in effect under Section 6:114 of the Civil Code, unless the parties would not have concluded the contract without the invalid part. The invalid provision shall be replaced by a valid provision that is closest to the economic purpose of the invalid provision and the recognisable intention of the parties at the time of entering into the contract; this interpretation shall not be directed at maintaining a condition that results in an unjustified advantage for the Provider.

20.5. The Merchant may not transfer its rights and obligations arising from the contract, including the assignment of its claims, to a third party without the prior written consent of the Provider. The Provider is entitled to transfer the contract to its legal successor in the event of corporate restructuring, transfer of a business division or customer base, provided that the legal successor assumes all obligations arising from the contract, and the transfer does not materially worsen the position of the Merchant; the Provider shall inform the Merchant of such transfer without delay. Universal legal succession based on law is not excluded by this clause.

20.6. The engagement of a contributor or Sub-processor by the Provider shall not in itself create a contractual relationship between the Merchant and such contributor or Sub-processor. The Provider shall be liable for the conduct of its own contributor in accordance with the Terms and the DATA PROCESSING AGREEMENT.

20.7. The content of the contract between the parties is determined by the Terms, their annexes, and the Plan, fee and other specific Order data specified in the Order confirmation. Unilaterally provided information and promises made prior to the conclusion of the contract shall only become part of the contract if the parties have separately and expressly accepted them. Contractual statements and individual amendments shall be governed by the written form requirements of clause 17.1; general amendments to the Terms shall be subject to clauses 18.2–18.4.

20.8. Failure to exercise or delay in exercising any right arising from the contract shall not in itself constitute a waiver of such right, and shall not preclude its subsequent exercise.

20.9. With respect to the contractual relationship, the Hungarian language text shall govern. If the Terms or their annexes also become available in another language, the foreign language version shall be deemed an informational translation, and in the event of any discrepancy in interpretation, the Hungarian language text shall govern.

20.10. The effective and archived copies of the Terms and their annexes are available in the Provider’s legal centre, identified solely by their full name and effective date, in a permanently retrievable form; they do not contain version numbers. The full name and effective date of the documents applicable to the specific Merchant are recorded in the Order Record.