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WINDNFIRE: TERMS OF USE AND PRIVACY POLICY

TERMS OF USE

Last update "11" April 2022

If you use the Company Services, please read the terms and conditions of these Terms of Use carefully.

The Terms of Use regulate the relationship between the Client and the Company, namely: receipt of Services, use of the Site.

The Terms of Use are a document that is a public offer agreement, and by accepting it, you agree to its terms and agree to abide by its provisions.

References to the words "we," "our," or "us" (or similar words in meaning) mean the WINDNFIRE.

References to the words "you" or "yours" (or similar words in meaning) mean our Client, the person to whom we provide the Services.

FACT OF ACCESS AND USE OF COMPANY SERVICES IN ANY FORM MEANS ACCEPTANCE OF THESE RULES OF USE AND AGREEMENT TO FOLLOW THEM.

1. DEFINITIONS

1.1. Client - an individual or legal entity that interacts with the Company to receive the Services.

1.2. Contract is an agreement signed between the Client and the Company, which specifies the basic conditions of the Services.

1.3. Contractor - is any person or legal entity, including those registered as an entrepreneur, who has entered into a service agreement with WINDNFIRE for the end Client that WINDNFIRE is acting for.

1.4. Client’s Consent (hereinafter "Consent") - means a voluntary, specific, informed, and unequivocal expression of will, in which the Client using a statement or explicit affirmative action agrees to the Processing of his Personal Data.

1.5. Expenditure Budget - is a part of the amount from the total amount of payment for the Services by the Company, which is used by the Company as expenses to provide the Services, including but not limited to: expenses for the purchase of advertising, the implementation of targeted advertising, the implementation/purchase of advertising services; promotion in social networks/video hosting sites, etc.

1.6. Influencer - is a third-party user (blogger) whose posts can have a noticeable impact on subscribers and/or other users.

1.7. Personal Data - means any information that directly or indirectly allows identifying the Client. For example, name, surname, phone number, IP address.

1.8. Processing - means any actions with personal data, including but not limited to: access, provision, distribution, collection, systematization, storage, accumulation, recording, transfer, blocking, deletion, clarification, update and/or change, depersonalization, and other use of personal data, carried out by the Company.

1.9. Services - means the promotion of a company and/or a product and/or a page in Social Networks, complex of actions for using social services as channels for the promotion of a company and/or a product and/or a page and solution of other business tasks, with or without the involvement of third parties (Influencer).

1.10. Social Network - is a platform, online service and website designed to build, reflect and organize social relationships on the Internet.

1.11. Third Party - means a natural or legal person, government agency, institution, or body other than the Client, Controller, Processor, and persons authorized by the Controller or Processor under their direct supervision to process Personal Data.

1.12. WINDNFIRE (hereinafter referred to as "the Company" or "WINDNFIRE" or “WNF”) - is a company on the Internet that provides digital marketing services to the Client.

1.13. WINDNFIRE Site (hereinafter “Site”) - means a web page or group of web pages on the Internet, which are located at: https://windnfire.com/

1.14. WINDNFIRE Application (hereinafter “App”) - is the application of the Company, with the help of which the Client can familiarize himself with and receive the Services of the Company, similar to those indicated on the Site.

1.15. Working budget - is a part of the amount of the total amount of payment for the Company's Services, which is used as a direct payment for the work of the Company's specialists.

2. SERVICES

2.1. WNF provides its services based on a public offer agreement.

2.2. The following actions are considered acceptance of the Terms of Use (acceptance of a public offer agreement):

2.2.1. receiving Services from the Company;

2.2.2. use of the Site;

2.2.3. filling out an application ("questionnaire") for receiving the Services.

2.3. Acceptance of the Terms of Use means that you unconditionally accept all the conditions of this Terms of Use.

2.4. The Company provides the following Services:

2.4.1. AIRDROP;

2.4.2. Listing;

2.4.3. Targeting;

2.4.4. Influencers;

2.4.5. Consulting;

2.4.6. AMA;

2.4.7. Direct Mail;

2.4.8. Mass Media;

2.4.9. Bounty.

2.5. The scope, cost and terms of the Services provided by the Company are specified in the Contract.

2.6. The Client can get acquainted with the terms of the Contract, after discussing all the terms of cooperation with the Company's team. We are also open to discussing and changing the conditions of the Contract, as we value and respect each Client.

2.7. WINDNFIRE shall provide mediation services in accordance with the agreement concluded between the Client and WINDNFIRE, to the extent specified in the Contract.

2.8. WINDNFIRE is not a direct Contractor, but only acts as an intermediary between the Client and a specific contractor and/or a third party. However, in some cases, WINDNFIRE may act as a direct contractor, which will be explicitly stated in the relevant agreement.

2.9. While performing the services, the Contractor can register/create accounts in the relevant Social Networks and services. Such accounts shall not be transferred by the Contractor to the Client after the completion of services. If the Client wishes to access the accounts created by the Contractor, the Client must notify WINDNFIRE in advance. The conditions for the transfer of such accounts shall be governed by a Contract.

2.10. While providing services, there is a need to register and pay the appropriate bills (targeting, etc.). In most cases, the balance remaining in such accounts is non-refundable. If the Client wishes to make a refund of the balance of such funds, the Client must notify WINDNFIRE, which will be reflected in the Contract. In any case, the return of the balance is carried out within a period of 2 weeks to 6 months, depending on the particular bank or payment service that provides the appropriate Services.

2.11. The final results of the promotion and/or the economic effect mentioned and/or stated in the Contract and/or in the commercial offer are only approximate. Their achievement is possible only in a set of rendered Services, subject to further support of the relevant Services and after the expiration of the term agreed between the parties of the Contract from the date of completion of a particular project.

2.12. The Contractor shall have the right to use any implementation, design, publication of the content at their discretion, unless otherwise stipulated in the Contract.

2.13. The Client should provide WINDNFIRE with all necessary materials (text, photo and video materials and other content) for posting in accordance with the Contract. If necessary, the Client should make adjustments or redesign materials at Company's request and not make any changes to the content or URL of the page without Company's approval throughout the term of the Contract.

2.14. If the Client makes any changes at the project stage that result in further rework on the part of the Contractor, WINDNFIRE shall have the right to increase the cost of the services previously fixed in the Contractor, but not exceeding thirty (30) % of the total cost of the particular Service.

2.15. All additional and not previously contractually agreed upon tasks and Services shall be paid for by the Client separately, on the basis of the additional agreement.

3. RESPONSIBILITY

3.1. As WINDNFIRE is not a direct executor but only an intermediary between the Client and a specific Contractor and/or a third party, and the provision of services by each Contractor is governed by the internal rules of such Contractor, WINDNFIRE shall not be financially or legally responsible for actions or inactions of third parties (Influencer, blogger, opinion leader, mass media resource, etc.) resulting in delays in the execution of the project, inaccurate and/or inconsistent information published by them, including information that, in the Client's opinion, is untrue and/or defamatory. However, WINDNFIRE will assist (including legally) the Client in correcting and/or removing information that the Client believes to be harmful.

3.2. In case the Client pays for the services in cryptocurrency, Windnfire shall have the right not to provide reporting documents (bank statements, invoices, etc.) about the further movement of such funds to Third Parties.

3.3. The Client shall not be entitled to use or refer to the name "WINDNFIRE" as well as related persons unless WINDNFIRE has agreed in writing to such reference.

3.4. The Client is obligated to notify Windnfire in advance of actions affecting promotion, such as cooperation with other promotional contractors, online advertising, etc., throughout the conditions of the Terms of Use or any contract.

3.5. The Client agrees that WINDNFIRE will have the right to publish the Client's completed projects on its social networks, public appearances, on its website without obtaining prior permission from the Client.

3.6. WINDNFIRE shall not refund any payments previously received from the Client, paid by the WINDNFIRE Client for the Services provided, in accordance with the concluded Contract.

3.7. WINDNFIRE shall not be liable for any damages incurred by the Client as a result of the use of his Personal Data by a Third Party without his knowledge.

3.8. If you use our site on behalf of a legal entity (such as your employer or contractor), you represent and warrant that you have the authority to bind that legal entity. If you no longer have this authority, you must notify WINDNFIRE, and the legal entity will provide the Company with a new authorized representative. The Company is not liable if a person without the necessary authorization has received and paid for the use of the Services on behalf of a legal entity.

3.9. The Client must not use the Services for commercial purposes. You may not sell, resell, license, sublicense, transfer or distribute the Services to Third Parties without the prior express permission of the Company.

3.10. The Company is not liable for any indirect, actual, or consequential damages, even if we have been notified of the possibility of such damages or they have been caused by negligence.

3.11. THE COMPANY WILL NOT BE LIABLE FOR EFFECTS CAUSED BY AN ACT OF HACKERS, CRIMINAL SOFTWARE CHANGES, AND OTHER TYPES OF UNAUTHORIZED ACCESS AND USE OF SERVICES.

3.12. To the extent permitted by law, we provide Services "as is." This means that we do not provide any guarantees, including but not limited to warranties of the commercial quality and suitability of the Services for specific purposes.

3.13. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

3.14. WINDNFIRE reserves the right, but not the obligation to:

3.14.1. monitor for violations of these Terms of Use;

3.14.2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such Client to law enforcement authorities;

3.14.3. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

3.15. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

3.16. The Client is obligated to:

3.16.1. not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment directly or indirectly related to the Site or the App;

3.16.2. not to interfere with the servers or networks underlying or connected to this Site or the App or violate any procedures, policies or rules of the networks connected to the Site or the App;

3.16.3. not to rent, sublicense, translate, merge, adapt or modify the WINDNFIRE App or any related documentation, use the WINDNFIRE App only for personal purposes (if you are a consumer) or for internal business purposes, (if you are a business);

3.16.4. not to permit any third party to copy, adapt, re-engineer, decompile, disassemble, modify or bug fix the WINDNFIRE App in whole or in part, reverse engineer or create derivative works based on all or any part of the WINDNFIRE App and/or the Site, or attempt to do any such thing;

3.16.5. not to impersonate or attempt to impersonate WINDNFIRE, the WINDNFIRE service, any WINDNFIRE employee, other user or any other person or entity (including but not limited to the use of email addresses or aliases associated with any of the foregoing);

3.16.6. not to send or cause to be sent any promotional or marketing material without our prior written consent, including any "junk mail," "chain letters," "spam," or any other similar requests;

3.16.7. not to use the services for the purpose of manipulating the market.

3.17. WINDNFIRE has the right to terminate the Contract concluded with the Client, without paying the Client any fees or reimbursement of any losses, if the Client violates the conditions specified in clause 3.16. Terms of Use.

3.18. The Company reserves the right to refuse to provide the Services to the Client if the Client's project:

3.18.1. in the event of any interference by the Client in the provision of Services by the Company, in accordance with clause 3.20 of these Terms of Use;

3.18.2. violates the law of any EU country;

3.18.3. violates international law;

3.18.4. if the content of the Client's site is the copyright, patent, trademark, trade secret, or moral rights of any third party;

3.18.5. if the content of the Client's site is untrue, inaccurate, or misleading;

3.18.6. the Client's project is unwanted or unauthorized advertising, advertising materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of the petition;

3.18.7. if the materials of the Client's project are obscene, lewd, dirty, violent, harassing, defamatory, or otherwise unfavorable (as determined by us);

3.18.8. if the Client's project contains harassment or threats (in the legal sense of these terms) to any other person or propaganda of violence against a certain person or class of people;

3.18.9. if the content of the Client's project violates the rights to confidentiality or publicity of any third party;

3.18.10. if the content of the Client's project violates the current legislation related to child pornography or is otherwise intended to protect the health or well-being of minors;

3.18.11. if the content of the Client's project contains offensive comments related to race, national origin, gender, sexual preferences, or physical disabilities.

3.19. WINDNFIRE shall not be liable for any damages incurred by the Client as a result of the Client not having read or having untimely read the terms and conditions set out herein.

3.20. In the event of any interference by the Client in the provision of the Services by the Company, WNF is not responsible for the effectiveness of the Services provided, because such actions of the Client may be harmful and negatively affect the results (namely: making changes to the launched advertising, independent launch of advertising, cheating subscribers, publications without the consent of the Company, use of services of Third Parties without the consent of the Company, etc.).

3.21. During the acceptance of the Terms of Use ("public offer agreement"); transfer of rights and access to the Client's social network accounts and/or access to the other Client's specialized services and/or access to the Client's website, the Client undertakes to coordinate all further actions with the Company during the period of provision of the Services. If the Client neglects the terms of this paragraph, the Company is not responsible for any damage and is not obliged to compensate the Client for any damage and/or pay any compensation and/or pay any compensation for material losses.

4. INDEMNIFICATION

4.1. The Client provides his consent to defend, indemnify and hold harmless the Company, including its subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from any loss, damage, liability, claim, or demand, including fees and expenses incurred any third party in connection with:

4.1.1. any breach of the representations and warranties set forth in these Terms of Use;

4.1.2. your violation of the rights of third parties, including, without limitation, intellectual property rights;

4.1.3. any overt malicious act towards any other Client of the Site and/or App with whom you have connected through the Site and/or App.

4.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you indemnify us, and you agree, at your own expense, to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding to which this indemnity applies as soon as we become aware of it.

5. INTELLECTUAL RIGHTS

5.1. Unless otherwise indicated, the Site and App is our proprietary property and all source code, databases, functionality, software, site designs, audio, video, text, photographs, and graphics on the Site and App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

5.2. The Content and the Marks are provided on the Site and App “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and App, and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.3. Provided that you are eligible to use the Site and App, you are granted a limited license to access and use the Site and App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site and App, the Content, and the Marks.

5.4. The Client grants the Company the non-exclusive right to use, copy, process and transmit his Personal Data during the term of use of the Company Services.

5.5. The Client warrants that the Personal Data and Information provided by them do not infringe the intellectual property rights of the Third Party.

5.6. Any unauthorized use of the Site or its Apps (Contents and Marks), other than those expressly permitted in this Terms of Use, is unlawful and may result in legal action and civil, administrative or criminal penalties under applicable law.

5.7. If you own a trademark and/or other intellectual property rights, and believe that materials on the Site or in the App infringe your rights, please email us at: [email protected]

5.8. In your request, please provide the following information:

5.8.1. identify yourself (name, address for correspondence, email);

5.8.2. describe the nature of the infringement of intellectual property rights and identify the relevant intellectual property object on the Site or in the App.

6. LINKS

6.1. You may link to our Site, provided you are doing so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association or endorsement on our part without our express written consent.

6.2. If the websites contain links to other sites and resources provided by third parties, such links are provided for your convenience only. This includes links contained in ads, including banner ads and sponsored links.

6.3. We do not control the contents of those sites or resources, and we are not responsible for them or for any loss or damage that may result from their use by you.

6.4. If you decide to access any of the third-party websites linked to this Site and App, you shall act solely at your own risk and in accordance with the terms of use of such websites.

7. CLIENT CONSENT

7.1. The Client confirms that he has reached the age of eighteen and does not use the Services for illegal purposes.

7.2. The Client provides his informed and express Consent to the terms of these Terms of Use.

7.3. Client Consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications Company provide to Client electronically, via email and on the Site and/or App, satisfy any legal requirement that such communication be in writing.

8. COOPERATION RULES

8.1. These rules are developed by the Сompany for communication between the Client and the Company. By signing these Terms of Use, the Client undertakes to comply with them.

8.2.We will solve your request as quickly as possible if you talk about the problems you want to solve or what goals you want to achieve, and only then about the tools that you would prefer to use.

8.3. WNF target manager does not provide access to the ads promotion cabinet to prevent misunderstanding, there must be only one target manager in charge of working on the project. It will help us not to harm the advertising process.

8.4. Any Client`s suggestions should be agreed upon with the Company marketing department team. Client self-implemented actions may harm and reduce the efficiency of WNF agency work, and the Company has the right to refuse cooperation with the Client without any consequences and refund.

8.5. The term of time what it is necessary to collect all the materials before the actual official start - is 2 (two) business days. Any delays with providing the materials will influence in a negative way and may bring delay of the whole advertisement campaign.

8.6. Collecting information and materials, creating the task on tasker, roadmap development and preparation of the team for the launching of advertisement campaign up to 5 (five) business days.

8.7. If the Client breaks any of the rules, specified in clauses 8.5. and 8.6. of these Terms of Use, the terms get one week postponed, or for a longer period, if necessary.

8.8. If the Client wants all the processes to be faster it's necessary to keep in touch with the WNF team during its office hours.

8.9. After launching the optimization of targeting advertising it's better to avoid any amendments within 7 (seven) calendar days in order to get the first advertising campaign's feedback. Any amendments into an already working advertising campaign reduce its efficiency, advertising campaign, and the Company cannot guarantee the quality of the provision of the Services and has the right to refuse to provide the Services without returning any payments to the Client.

8.10. The project manager always considers all the Client's wishes, but in case of any controversy, our team keeps working according to the marketing strategy including the opinions of the marketing department.

8.11. In the Client's team, there must be only one person in charge (authorized person) of communication with the WNF team. The Company does not cooperate with other employees of the client, except for the authorized person.

8.12. In case of involvement of third parties within the framework of the advertising campaign, the Client undertakes to obtain consent from the Company. Otherwise, WNF has the right to refuse to provide the Services to the Client without a refund.

8.13. We reserve the right to amend the list of Services with which the Client applies to the Company, before agreeing on the scope of the Services, in order to increase the effectiveness of marketing activities.

9. REFUND POLICY

9.1. In the event of a refund, the Company refunds only the Working Budget. The Company does not return the Expenditure Budget to the Client, except for the Client's refusal to provide the Services within 24 hours from the receipt of payment from the Client - in this case, the Company may return the unspent amount of the Expenditure Budget to the Client, depending on the percentage of the spent Expenditure Budget.

9.2. The Company does not return the amount of payment for the Services to the Client in the following cases:

9.2.1. if the Client refuses the Services of the Company;

9.2.2. if the Client does not agree with the result of the provision of the Services;

9.2.3. in the event of a hacker attack and/or any other malicious hacking of the Client's website/software/account;

9.2.4. in case of loss by the Client of the results of the provision of the Services for any reason;

9.2.5. in case of reorganization of the Company and/or change of the owner of the Company and/or sale of its part;

9.2.6. if the Client does not comply with the instructions of the Company regarding the provision of the Services and/or interferes with the process of providing the Services by the Company and/or engages Third Parties to provide the Services, without the consent of the Company.

9.3. The Company returns a part of the Working Budget, in the amount of 20%-50% of the Working Budget, if the Company has already begun to provide Services: the project is already at the implementation stage and the Company's specialists have already begun work on its implementation. In this case, the Company provides a report on the number of specialists and hours spent to provide Services to the Client (implementation of his project).

9.4. The Company has the right to return the part of the Expenditure Budget that has not been used if the Company accepts to terminate the relationship with the Client and refuse to provide the Services to the Client for reasons or circumstances that are beyond the control of the Client. If the Company decides to terminate the relationship with the Client and refuse to provide the Services to the Client due to violation of these Terms of Use by the Client, then the Company has the right not to return the Expenditure Budget to the Client.

9.5. The Company has the right to offer a discount on the provision of the Services and/or the provision of additional Services, instead of a refund of the payment for the Services, or offer a partial refund of the payment for the Services.

9.6. Procedure for the return of payment for the Services:

9.6.1. the Client sends the Company a request for a refund of payment for the Services;

9.6.2. the Company sends a "refund questionnaire" to the Client;

9.6.3. the Client fills in the "refund questionnaire" and sends it to the Company;

9.6.4. the company calculates the amount of spent sums of the Expenditure Budget and the Working Budget;

9.6.5. the Company sends a report on the funds spent to the Client;

9.6.6. the Company provides a refund, according to the report provided to the Client, on the money spent.

9.7. The Company has the right to hold a meeting with the Client to discuss the refund, after receiving a request for a refund.

9.8. If the Client does not fill out the "refund questionnaire" provided by the Company, in accordance with subparagraph 9.6.3., the Company has the right not to return to the Client the funds paid for the provision of the Services.

9.9. The Company refunds the funds paid by the Client within 30 (thirty) working days of the day the Client fills out the questionnaire, in accordance with subparagraph 9.6.3., minus the amounts of the Working budget and the Expenditure budget in percentage equivalent, and the commissions of payment systems associated with the return.

9.10. For a refund, the Company reserves the right to choose the method of making a payment for a refund (by default, the same payment method that the Client used when paying for services is used).

10. APPLICABLE LAW AND DISPUTE RESOLUTION

10.1. All relations between the Company and the Client arising from the fulfillment of the terms of these Services for the use and use of the Services are governed by the laws of the Czech Republic.

10.2. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least (ten) 10 business days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

10.3. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the Arbitration Court at the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration, shall be Prague. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of the Czech Republic.

10.4. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

11. DURATION OF TERMS OF USE

11.1. The Terms of Use conditions are valid during the period of use by the Client of the Services.

12. CHANGES TO THE TERMS OF USE

12.1. The Company notifies the Client about making changes to the Terms of Use by posting news on the Site. The Company updates the date of change of the current version of the Terms of Use in the line "Last update."

12.2. The Client is obliged to read the new terms of the Terms of Use, and the Company is not responsible if the Client has not read the new terms of the Terms of Use.

12.3. Our electronic or otherwise retained copies of the Terms of Use are considered valid, complete, and enforceable versions of these Terms of Use in effect at the time of your visit to the Site. If the Client uses the Services after updating the Terms of Use, we have the right to assume that the Client has read the new version of the Terms of Use and agrees to the terms of the Services.

13. CONTACT

13.1. The Client has the right to contact the support service of the Company at: [email protected] to ensure his rights, in accordance with the conditions of the Terms of Use and if the Client has questions about the use of the Services.