TERMS OF USE
WELCOME TO THE DIGITAL SOLUTIONS APP – THE APP MAKING YOUR ROAD JOURNEY THROUGH THE EU EASY AND COMFORTABLE!
These Terms of Use (the "Terms") sets forth the agreement between DDM DIGITAL SOLUTIONS LTD, a company duly incorporated and existing under the laws of the Republic of Cyprus, with registration number НЕ 418762, having its registered office at Griva Digeni, 80 SWEPCO COURT 6, 2nd floor 3101, Limassol, Cyprus (“DIGITAL SOLUTIONS” or “We”) and each user ("You" or "User").
By signing up as a new user and using this App and Services, You expressly accept and agree to comply with these Terms fully.
Please read these Terms carefully as they set out the basis for which We make our Services (as defined below) available to You. If you do not agree to these Terms, then you must not use this App.
These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Our Services are for your individual, non-commercial purposes only. Except as may be expressly permitted by the Terms, You may not sell or exchange, copy or derive anything from our Services. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited right to use our Services strictly as detailed herein.
The services on this App cannot be used by consumers who are domiciled or permanently resident in Austria or for vehicles with Austrian license plates.
1. DEFINITIONS
“App” means the software program provided by the DIGITAL SOLUTIONS downloaded by You on any electronic device, named Etolls EU
“Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) in which the Application has been downloaded.
“Account” means a unique account created for You to access our Service or parts of our Service.
“Device” means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
“Feedback” means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
“Service” refers to the services provided by Us and identified in Section 3 of these Terms.
“Terms” mean these Terms of Use that form the entire agreement between You and the DIGITAL SOLUTIONS regarding the use of the Service.
“You” means the individual accessing or using the Service.
The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
2. WHO ARE WE?
We are DIGITAL SOLUTIONS - a company, that provides you with an App, making your road journey through payable roads within the EU states easy and comfortable. The App helps you to form a request (in other words – make an offer) to the country's official body in order to buy a digital vignette(s) – an electronic analog of a toll sticker, which You purchase to be allowed to use payable highway of EU countries available at App. The vignettes shall be purchased prior to travel, and they have the duration of their validity (from several days to a year depending on the state and Your choice).
Please, take a note that DIGITAL SOLUTIONS only facilitates You in entering into agreements with the country's official bodies that issue vignettes for the toll on Your behalf. Therefore, by accepting these Terms You gives a right to enter into an agreement with the country's official body that issues the vignette. The Digital Solution Services constitutes an invitation to the User to submit an offer to conclude on behalf of the User an agreement with the appropriate country's official body to buy the vignette for the User.
Only when the ordering process is completed in the "Payment" area after entering the customer data by clicking on the order button "Pay" and paid, there is a legally binding offer of the User to conclude an agreement with the appropriate country's official body. Until then, the User has the option of cancelling the ordering process and making corrections at any time. DIGITAL SOLUTIONS will confirm receipt of the order by e-mail confirming receipt. The confirmation of receipt does not constitute acceptance of the agreement.
The vignette applied for will only be issued by the authorities responsible for this in the travel country, delivered by Us to You electronically (by email and in App) and at no additional cost. Only the responsible authority of the appropriate EU state decides on the issue of a digital vignette based on national regulations. DIGITAL SOLUTIONS has no influence whatsoever on the decision of the authorities to issue the digital vignette, except for the transmission of the necessary data provided by the User to apply for the issue of the digital vignette. DIGITAL SOLUTIONS does not carry out a preliminary check as to whether a vignette can be issued on the basis of the User`s data communicated to DIGITAL SOLUTIONS.
3. WHAT ARE THE DIGITAL SOLUTIONS SERVICES AND HOW CAN I USE THEM?
The DIGITAL SOLUTIONS provides You with the possibility to use on a paid basis the following Services (collectively, our "Services") available at the App:
form a request (an offer) to buy digital vignette(s) chosen by you on your behalf;
choose the country of the EU in which the vignette shall be bought;
lay out a travel route through the EU countries and receive information about the need for vignette (s) in a particular country, and for which specific roads such vignette(s) are necessary;
turn on the system of notifications concerning the necessity to renew a vignette depending on the travel route laid out by you;
turn on the system of notifications concerning entering a toll road (for Users of Premium Subscription);
download a pdf-format of the digital vignette, bought by You with help of the App;
calculate the sum of all vignettes needed for Your travel depending on the travel route (for Users of premium subscription), OR chosen by You without laying down the route;
suggest the cheapest and the most optimal route for Your travel depending on Your choice of countries (for Users of Premium Subscription);
add to the App the information about vignette(s) bought by you without the help of the App.
You can use one of these Services or all of them by choosing the Services interesting for You in the App. The subject of each agreement with each User depends on the choice of each User.
The User has an obligation to inform themselves independently about the conditions and the use of the digital vignette in the travel country. Only the travel information published by the respective travel country provides binding information about the requirements and conditions of the digital vignette. The information published by DIGITAL SOLUTIONS in App and internal documents is intended to be an initial guide. The information set forth by DIGITAL SOLUTIONS does not claim to be complete or correct. DIGITAL SOLUTIONS is not obliged to inform the User of changes to the requirements for the digital vignette in the respective travel country after the digital vignette has been issued. Therefore, be attentive and check the information on the website of the respective authority in chosen EU country.
DIGITAL SOLUTIONS has no influence on the processing of Your application submitted through the App and received by the responsible authority in chosen EU country for the issue of a digital vignette. The processing of the requested digital vignette is exclusively a matter of the responsible national authorities. On-site processing may be delayed, in particular, due to public holidays and other circumstances over which DIGITAL SOLUTIONS has no control. DIGITAL SOLUTIONS is not liable for delayed processing by the national authorities. Insofar as DIGITAL SOLUTIONS states processing times for issuing digital vignettes in its App, these are the processing times specified by the national authorities for processing the digital vignette. By specifying the processing times, DIGITAL SOLUTIONS assumes no liability or guarantee that the appropriate national authority ends the processing of Your application during the stated period.
After the responsible authorities in the travel country issue the digital vignette requested by You, You will find it in Your Account in the App, both in digital form and in pdf format.
Digital vignettes are valid for the period stated in the vignette pdf document and the App. The digital vignettes are linked to the vehicle’s number plate provided by the User during the ordering process.
DIGITAL SOLUTIONS takes no labiality for the correctness of the license plate provided by You.
The vignette shall be purchased before entering the toll roads. If the vignette is purchased after the vehicle has entered the toll road, its validity cannot be applied retroactively.
4. WHAT ARE THE AGE AND ELIGIBILITY REQUIREMENTS?
BY USING SERVICES, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS. IF YOU ARE UNDER 18 YEARS, THEN YOU MUST NOT USE THIS APP.
Additionally, in order to use the DIGITAL SOLUTION`S Service, you represent that any registration and account information that you submit to DIGITAL SOLUTIONS is true, accurate, and complete, and you agree to keep it that way at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service
5. HOW DO I CREATE AN ACCOUNT AND WHAT DO I NEED TO KNOW ABOUT CREATING AN ACCOUNT?
Creation of your Account. After downloading the App, You need to create a DIGITAL SOLUTIONS account (an “Account”) by signing up as a new User to access and use Services. To create a new Account, You need to fill in Your valid e-mail address, truthful and accurate information, and all the necessary criteria. After submitting your valid e-mail address to Us we will send you a code to the e-mail address provided by You and this code shall be entered by You in the App to verify Your identity and end the process of creation of Your Account.
Fill in the information about Your vehicle. For Us to provide You with Services You must fill in the appropriate fields in the App with the plate number of the vehicle which will be used by You during Your trip, also You need to add information about the type of the vehicle, mark, and model of the vehicle, country of registration of the vehicle, VIN, type of fuel. You can add several vehicles. You can amend the information You submit about the vehicle any time BEFORE submitting the request to buy a vignette.
Provide other information. For us to provide You with Services You may need to enter more information in the App.
Please note that DIGITAL SOLUTION's Privacy Policy (https://www.ddmdigitalsolutions.eu/privicy-policy) is an integral part of these Terms and is integrated into them by reference. In addition, when using a particular Service(s), You shall be subject to any posted guidelines or policies and/or other terms, including without limitation, the End User License Agreement (“EULA” - https://www.ddmdigitalsolutions.eu/privicy-policy) and other rules applicable to such Service(s). All such guidelines or policies are incorporated by reference into these Terms and consequently, any disputes related to such will be subject to the limitations on liability, dispute resolution, and other provisions contained in these Terms.
Account Safety. By agreeing to these Terms, You acknowledge that You are solely responsible for and will be deemed to have carried out any activity, including any purchases and payments, made by your Account. You are also solely responsible for maintaining the confidentiality and security of your Account and any User identification, code, or other security devices or procedures. To ensure Your Account safety, We strongly recommend that You never share your Account details with anyone.
DIGITAL SOLUTIONS is NOT liable for obstacles resulting from incorrect and/or incomplete entry of registration and account information by You which affected applying for and/or receiving digital vignette(s). DIGITAL SOLUTIONS is NOT liable for any additional travel and accommodation costs incurred by You due to providing us with incorrect and/or incomplete information
6. WHAT ARE THE PAYMENT TERMS AND HOW CAN I PAY FOR THE VIGNETTE AND SERVICES?
Each Payment made by You consists of (i) the Price of vignette(s) charged by the local authorities for issuing the digital vignette, (ii) Our Services Fee, (iii) the Payment Provider fee. You also can choose to donate any amount of money to the needs of Ukrainian defenders by making a donation. The donation is a one-time payment, so no subscription or any other recurrent payments will be enrolled after the donation.
The amounts of Our Service fee for the respective travel country, Price of vignette (s), and Payment Provider fee are shown in the App.
If, after accepting the order to apply for a digital vignette, the fees in the respective travel country increase, DIGITAL SOLUTIONS reserves the right to notify the User about such change and request to pay the shortfalls for the vignette. DIGITAL SOLUTIONS are not obliged to make advance payments on behalf of the User. The desired digital vignette is only requested after the Payment is charged in full.
Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase. You authorize us to charge the applicable fees to the payment method that you chose (if any).
Each Payment can be made via the integrated payment form in the App directly. You can click the relevant button in the App and specify the card details. After that, the appropriate amount will be charged from your card. You will be charged with the amount you chose in the App one time only, so no continuous relationship between You and the DIGITAL SOLUTIONS will be established.
You can additionally enrol a recurring Premium subscription for our services of (i) sending personalized notifications when entering a toll road and (ii) suggesting the cheapest and the most optimal route for Your travel depending on Your choice of countries. By confirming your subscription, you allow DIGITAL SOLUTIONS to charge your card for this payment and future payments under these Terms at the time of the first payment. It means your card will be charged automatically on the first day of the period (week/month/year - selected by You) until you stop this subscription. Pricing of the available Premium subscription options can be found in the App.
We can time-to-time change the subscription terms (including the amount to be charged) ourselves and will communicate any price changes to you in advance. Also, each time any changes are implemented, these Terms shall be amended accordingly. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Premium Services after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Premium Subscription prior to the price change going into effect.
Subscription cancellation. Before the next recurring payment under the chosen by You subscription is charged, you will receive a respective notification by email. You can cancel the subscription by clicking the link for cancellation that is included in such an email. Also, you can cancel your subscription by contacting us at [insert email]. The Premium subscription is automatically renewed if it is not cancelled 24 hours before the end of the current period. You can unsubscribe at any time.
Tax rates are based on the rates applicable at the time of your one-time payment and/or weekly/monthly/yearly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
7. CAN I WITHDRAW FROM THE VIGNETTE AND GET A REFUND?
Given the type of Service we provide, the right of withdrawal and refunds shall not apply. However, given our User-friendly attitude, we allow our Users to get a refund in case of such necessity on their side. The case shall however be justified if DIGITAL SOLUTIONS is not binded by the generally applicable law to refund the User.
Once you have submitted your order through the App it is assumed that you have agreed that we may instantly begin processing your order and provide our Service, and by agreeing to these Terms you are therefore providing your express consent for this to happen. Once the order has been confirmed to the User by DIGITAL SOLUTION, the buyer has no right to cancel the order. An exemption applies to the Austrian Digital Vignette. Here an 18-day protection period for consumers is valid. Consumers can therefore make use of the right of withdrawal within 14 days from the date of purchase and cancel the purchased vignettes. This does not apply to companies. Vignettes that are already valid cannot be cancelled.
In case DIGITAL SOLUTIONS has accepted Your offer to buy a digital vignette, the start of validity of which is before the end of the fourteen-day withdrawal period starting from the moment of conclusion of the contract (e.g. in case of purchase of a 10-day vignette) and we as an entrepreneur have already started performing the service for You before the end of the fourteen-day withdrawal period, you must, if you exercise your right of withdrawal, pay compensation for the service rendered by Us up to the moment of withdrawal. Your right of withdrawal expires when our Service is provided in full before the fourteen-day cancellation period has expired.
Therefore, by agreeing to these Terms you confirm your knowledge that your right of withdrawal expires upon fulfilment of our contractual obligations before the end of the fourteen-day withdrawal period and give your express consent to this.
To exercise your right of withdrawal, you must inform us at info@etolls.eu by means of a clear statement (e.g. a letter sent by post, fax, or e-mail) of your decision to withdraw from the vignette.
Special cases of reimbursement of payment. If a user has submitted an order through our system for the purchase of a Vignette, and the registration data of the vehicle is incorrectly indicated in the order, or other data that does not allow us to correctly process the received order and provide the user with the appropriate vignette, our service will contact you as soon as possible by the user using electronic communication and sends a request for clarification of the data. If within 24 hours from the receipt of such a request, but in any case no later than before the expiration date of the vignette ordered by the user, we do not receive the appropriate correct data from the user, we return the funds paid by the user for the purchase of the Vignette except the service commission.
8. WHAT ARE THE RULES OF CONDUCT FOR USING OUR SERVICES?
Rules of Conduct. We want to offer You and other Users a useful tool that will help You in Your travel through EU states comfortable and fast. For You to receive the qualitative services from Us, You agree that you will not (the “Rules of Conduct”):
Buy, sell, trade, or transfer your Account to anyone
Provide false Registration Information, creating an account with false information (email address, vehicle plate number, etc)
Commit fraud, reversal of credit card charges, or "chargeback" resulting in debt. A chargeback can include credit card theft, identity theft, or non-approved use by family or friends;
copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Us or the respective copyright owner, which may be granted at its sole discretion.
In the event of a violation of the Rules of Conduct, disciplinary action may be taken. Actual disciplinary action is dependent upon the severity and/or the number of instances of the offenses and shall be decided at our discretion, on a case-by-case basis. We may issue a warning, suspend, or close your Account temporarily or permanently, suspend or close your ability to use one or more Services, or part of our Services, at any time based on prohibited conduct. Please note that the above list gives examples of forbidden conduct that may lead to an investigation by our staff and/or disciplinary actions that may be taken. Neither the conduct nor the disciplinary actions should not be considered exhaustive.
You assign all rights, title, and interest in any Feedback You provide the DIGITAL SOLUTIONS. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
You also grant us the right (1) to allow the DIGITAL SOLUTIONS to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the DIGITAL SOLUTIONS` Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.
9. WHAT INTELLECTUAL PROPERTY RIGHTS ARE ATTACHED TO OUR SERVICES?
9.1. You acknowledge that all materials on or in our App, including the code, texts, design, graphics, themes, objects, pictures, features, and functionality thereof (collectively, "Materials") are the property of Us or our licensors, and are subject to and protected by applicable legislation. You will not obtain any ownership interest in the Materials or Our Services through these Terms or otherwise. All rights to Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on Our Services, You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Us or the respective copyright owner, which may be granted at its sole discretion.
PLEASE READ SECTIONS 10-12 CAREFULLY; THEY AFFECT YOUR RIGHTS.
10. PLEASE NOTE: DIGITAL SOLUTIONS MAKES NO GUARANTEES OR WARRANTIES ABOUT OUR SERVICES.
10.1. THE DIGITAL SOLUTIONS` SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DIGITAL SOLUTIONS, ON ITS OWN BEHALF AND ON BEHALF OF ITS SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, DIGITAL SOLUTIONS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
10.2. WITHOUT LIMITING THE FOREGOING, NEITHER DIGITAL SOLUTIONS NOR ANY OF THE DIGITAL SOLUTIONS` SERVICE PROVIDERS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICES, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE DIGITAL SOLUTIONS ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
10.3. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
11. PLEASE NOTE: LIMITATION OF LIABILITY
11.1. Notwithstanding any damages that You might incur, the entire liability of DIGITAL SOLUTIONS, its legal representatives, employees, and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 30 USD if You haven't purchased anything through the Service.
11.2. To the maximum extent permitted by applicable law, in no event shall the DIGITAL SOLUTIONS, its legal representatives, employees, or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if DIGITAL SOLUTIONS, its legal representatives, employees or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
11.3. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
12. YOU AGREE TO INDEMNIFY DIGITAL SOLUTIONS
12.1. You agree to indemnify and hold DIGITAL SOLUTIONS harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional DIGITAL SOLUTIONS terms and conditions incorporated herein); (2) in the event of inappropriate or illegal use of your Account, including in the event of illegal or inappropriate use by someone You have authorized to use your Account.; (3) any activity in which you engage on or through the Services; and (4) your violation of any law or the rights of a third party. The provisions of this Section remain valid and in force after termination of these Terms or of your Account, subject to applicable law.
13. HOW WILL DISPUTES CONNECTED TO OUR SERVICES BE HANDLED?
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting DIGITAL SOLUTIONS.
In case the informal solution of the dispute is not possible, the European Online Dispute Resolution Platform shall be used. The European Online Dispute Resolution Platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. You can reach the Platform using the following link: https://ec.europa.eu/consumers/odr/
The laws of England and Wales, excluding its body of law governing conflicts of law principles, govern these Terms.
14. HOW WILL WE UPDATE OUR SERVICES OR THESE TERMS?
14.1. We reserve the right at Our sole discretion to change, modify, add, or delete clauses in these Terms at any time. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access and use our Services after these Terms have been modified, You are agreeing to such modifications. Please consult Terms regularly to find out about any updates to the Terms. If You do not agree to the new terms, in whole or in part, please stop using the App and the Service.
15. CAN MY ACCOUNT BE TERMINATED?
DIGITAL SOLUTIONS may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. We reserve the right to recover any charges owed to us, or anyone else, in connection with our Services, before the termination or suspension of your Account.
In the event of termination or suspension of your Account, You will lose, and We may delete, your profile and the related information You have passed on to us, uploaded, or made available on our Services. However, to the extent permitted by applicable law, We reserve the right to store your profile and any of the aforementioned Content on its servers. Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service.
These Terms will continue to apply to you until terminated by either you or DIGITAL SOLUTIONS.
DIGITAL SOLUTIONS may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Services at any time if we believe you have breached any of these Terms if we stop providing the Services or any material component thereof, or as we believe necessary to comply with applicable law.
If you or DIGITAL SOLUTIONS terminate these Terms, or if DIGITAL SOLUTIONS suspends your access to the Services, you agree that DIGITAL SOLUTIONS shall have no liability or responsibility to you, and (except as expressly provided in these Terms) DIGITAL SOLUTIONS will not refund any amounts that you have already paid.
16. ANYTHING ELSE I SHOULD KNOW?
Titles and Headings. Titles and headings are for convenience only and do not control the meaning or interpretation of any provision of these Terms.
Severability. If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
No Waiver. The failure or neglect by You or DIGITAL SOLUTIONS to enforce any of the rights under these Terms will not be deemed to be a waiver of your or DIGITAL SOLUTIONS’ rights.
Entire Agreement. The Terms, all other documents and policies incorporated herein, represent the entire agreement between You and DIGITAL SOLUTIONS concerning your rights and obligations as to the use of our Services and supersede any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of the Terms.
Force Majeure. Subject to applicable law, We will not be held liable for circumstances beyond our reasonable control.
Assignment. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms, to any third party.
Electronic communications. All information communicated in the App is considered electronic communication. When you communicate with us through or in the App or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "Pay", “Subscribe”, “Agree” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract with DIGITAL SOLUTIONS. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
Contacts. These Terms can be accessed at any time on the App. For any question concerning these Terms or our Services, You may contact us by email: sup@etolls.eu OR by postal address: Griva Digeni, 80 SWEPCO COURT 6, 2nd floor 3101, Limassol, Cyprus
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.