These terms of use (’Terms’) set out the terms and conditions governing (i) the access to and use of the platforme available at the URL www.startgdpr.com (’Platform’) and (ii) the access to and use of the Platform’s content, including the services provided by startGDPR both through the Platform and outside of the Platform (’Services’). Our aim is to create an online platform that automatically generates and customises the necessary documents for ensuring compliance with the GDPR.

These Terms are a legal agreement between you (i) as a natural or legal person who generates and buys the StartGDPR Documents („Client”), or (ii) as a user only navigating through our Platform (“you”, “your”, or “user”) and Turing Tech S.R.L., a company incorporated under the Romanian law, having its headquarters at 126 Vasile Lascar Street, Bucharest, Romania, Tax Code 43037054, registered with the Trade Registry under no. J40/11479/2020 (’StartGDPR’, ‘we’, ‘us’). The use of the Platform represents your confirmation that you understand and agree to all of these Terms. Before you use the Platform, you will need to agree to these Terms. We are only willing to make the Platform available to you if you accept all of these Terms. Otherwise, you may not access or use the Platform. In case you use the Platform on behalf of a company, you represent that you have the legal authority to accept these Terms on behalf of the respective company. In such a case, when using “you” in these Terms, we will refer to the respective company

We reserve the right to change the Terms at any time and in our sole discretion. If we make changes to these Terms, we will make the updated version of the Terms available on the Platform and update the “Last Updated” date found at the top of these Terms and we will inform you accordingly. In such a case, in order to continue to use the Platform, you need to agree to the newly amended Terms.

The platform aims to automatically generate and customise the documents necesarry for a company to become GDPR compliant (’StartGDPR Documents’).

StartGDPR Documents are standard documents, with expert-written content and instructions, designed to ensure the compliance with the obligations imposed by the GDPR.

For clarity, the StartGDPR Documents are specific to data controllers and provide a general framework for documentation of the processing operations carried out by the Client and in compliance with the obligations set forth by the GDPR. The Platform grants you the possibility to customize the StartGDPR Documents in an automated way so that, in the end, to get a set of documents that reflect the nature of the Client’s business.

The Platform is constantly developed. Thus, the StartGDPR Documents are customized according to the Platform’s features: some of the StartGDPR Documents are customized with more information and others with less information (some are customised with the processing operations, others only with the Client’s details and others are only document templates).

StartGDPR Documents are customized with the information indicated by the Client. It is the Client’s responsibility to indicate the details of personal data processing operations, as well as any other information requested within the Platform, in a precise manner and in line with the actual situation.

To help you personalize startGDPR Documents, the Platform gives you some general suggestions for personal data processing operations. The Clients understands that these suggestions are only intended to help the Client in the customization of the StartGDPR Documents and that each suggestion must be reviewed in detail by the Client (accepted, amended, rejected), so that the processing operations reflect the Client’s actual situation.

The Client understands that we are not responsible for the way in which information on the personal data processing operations is completed, irrespective if it is completely new information indicated by the Client or is contained in the suggestions of the Platform.

The Client understands that the generation of the StartGDPR Documents does not and cannot be qualified at any time as legal advice.

The client has the option to choose a package that includes a specific hours of professional advice (’Consultancy’).

The Consultancy will be provided by specialists in the field of personal data protection and strictly concerns the way in which the StartGDPR Documents are customised and use. The Consultancy contracted thorugh the Platform does not envisage the implementation of the procedures and measures to comply with the GDPR.

The Consultancy will be given to the Client, remotely (online), withinh the available time intervals, according to the availability of the consultants and partners of StartGDPR. The Client understands that StartGDPR will take all measures to grant the Consultancy within a reasonable time.

In order to provide the Consultancy, StartGDPR will contact the Client, indicating the available time slots, and the Client will choose a time slot between those proposed by StartGDPR.

The Client understands and agrees that he/she will be deprived of the right to receive the Consultancy if (i) the Client does not agree to any time slot proposed by StartGDPR within 3 months of the purchase of the StartGDRP Documents package on the Platform (’Period’), (ii) The Client does not respond to the StartGDPR proposal regarding the available time slots during the Period, or (iii) the Client chosse a time slot but did does participate during the chosen time slot. In this case, StartGDPR will not be in any way liable for any damage incurred by the Client as a result of not receiving the Consultancy. Also, for the avoidance of any doubt, the Client will not be refunded the difference price for the packacge without Consultancy and the package with the Consultancy.

For the avoidance of any doubt, the Consultancy provided through the Platform does not create a client-lawyer relationship. At the same time, the Consultancy does not represent and cannot be classified as legal advice. In case that certain consultancy activities provided to the Client might be legal advice, the provision of the respective consultancy will be carried out by a law firm under a separate contract concluded by the Client with the respective law firm.

When a package of StartGDPR Documents is generated and purchased, we will charge a fee from Client (’Fee’).

Changing the Fees

We have the right to change the Fees from time to time. When wo do so, the updated Fees shall apply as of the date the changes are made.

Discounts

We have the right to offer discounts to the Fees from time to time. In such a case, we will inform your accordingly and the discount shall apply pursuant to the conditions set out by StartGDPR.

Once the generation of the StartGDPR Documents is completed, the Client must pay the Fee in order to purchase the StartGDPR Documents. In addition, the Fee will also include fees/commissions charged by the Payment Processor (as defined below).

The fee is paid in RON and the EURO - RON conversion is made at the rate set by the National Bank of Romania on the payment day.

The payment of the Fee shall be made by using the services of a third-party provider (’Payment Processor’). You understand and agree that we do not provide the respective services and we cannot control them. We will not be responsible or liable for any claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses arising out of or relating to the use of the respective payment services.

Once the StartGDPR Documents are generated and the Fee is paid, the Client can download all StartGDPR documents generated.

Unless otherwise indicated by us, all elements of the App and of the Site, all content and other materials therein are owned by us (or, as applicable, our licensors) and are protected by intellectual property rights. For the avoidance of doubt, the visual interfaces, design, text, graphics, pictures, systems, information, data, methods, software, computer code, organization, services, all other elements and any other documentation or other ancillary material provided to you (the ‘Content’) are owned by us or by our licensors and are protected by copyright, patents, trademarks, design, trade secrets, any other intellectual property rights and applicable law. You can use the Platform, the Content and the StartGDPR Documents solely for the purpose of provided by these Terms. However, you are not permitted to:

• use the Platform, the Content and the StartGDPR Documents other than for their intended purposes;
• use any data mining, robots or similar data gathering or extraction methods;
• sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Platform, the Content and the StartGDPR Documents;
• copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the Platform, the Content and the StartGDPR Documents;
• modify, alter or otherwise make any derivative uses of the Platform, the Content and the StartGDPR Documents, or any portion thereof, except as expressly permitted under these Terms;
• remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Platform, the Content and the StartGDPR Documents; Any use of the Platform, the Content and the StartGDPR Documents other than as specifically authorized herein, without the prior written permission of StartGDPR, is strictly prohibited. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws. Unless explicitly stated by StartGDPR, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise.

Intellectual Property Rights over StartGDPR Documents

For clarity, all Intellectual Property Rights over StartGDPR Documents belong to startGDPR. StartGDPR grants the CLient a non-exclusive, unlimited territorial license for the entire existence of the Client’s the Intellectual Property Rights on StartGDPR Documents strictly for the use of StartGDPR Documents for the purpose for which they were generated and strictly for their use only by the Client. The granting of the licence shall be subject to full payment of the Fee. StartGDPR Documents may be used, modified, duplicated and/or reproduced in any form and on any storage medium, including all electronic media, only the purpose for which they were generated, namely to ensure the Client’s compliance with the GDPR provisions .

In case you can create any user content on our Platform, you are solely responsible for all content you create, transmit and/or distribute through the Platform (’User Content’). With that in mind, you agree not to create, transmit and/or distribute through the Platform any User Content that:

• is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, national or international law;
• is defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;
• impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• may infringe or violate any patent, trademark, trade secret, copyright, or other intellectual property right or other right of any party;
• contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• is designed to deceive or trick the users of the Platform;

You are solely responsible for your own conduct while accessing or using the Platform. You agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. You agree that you will not and will not permit any third party to do, including but not limited to, any of the following:

• use the Platform for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other rules or polices established from time to time by us;
• use the Platform to violate the legal rights and the legitimate interests of others, including, but not limited to, transmitting or otherwise making available through the Platform of content that infringes the intellectual proprietary rights of any party;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Platform, or any part of it;
• modify, adapt, hack, translate, or reverse engineer the Platform;
• use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
• attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose, unless we specifically consented to such conduct;
• upload, send, distribute or disseminate any User Content that could be in any way interpreted as defamatory, unlawful, fraudulent, obscene, harassing or objectionable;
• distribute any other harmful components such as, including but not limited to, worms, viruses, Trojan horses, corrupted files, defects, hoaxes;
• impersonate another person by any mean (e.g., by use of an email address, name, nickname or otherwise);
• exploit the Platform for any unauthorized commercial purpose;
• access or use the Platform for the purpose of creating a product or service competitive with any of our products or services;
• register on the Platform on behalf of a company, without having the right to represent the respective company;

You agree, at your sole expense, to defend, indemnify and hold us, our officers, agents, employees, advertisers, licensors, suppliers or partners harmless from and against any claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses of any kind or nature, including litigation costs, and legal fees arising out of or in any way related to (i) your use of the Platform; (ii) your violation of these Terms or the rights of any third-party; or (iii) your breach of applicable laws in connection with your conduct, access to or use of the Platform.

General

You expressly acknowledge and agree that your use of the Platform is at your sole risk and that the entire risk as to satisfactory quality, performance, safety, accuracy and effort is with you. The Platform is provided on an ‘as is’ and ‘as available’ basis. To the maximum extent permitted by applicable law, we disclaim any and all warranties and representations (express or implied, written or oral) in relation to, without limitation, the Platform or external websites or applications, including but not limited to any implied warranties of merchantability, implied warranties of fitness or suitability for any purpose and warranties of non-infringement, condition of title, accuracy, reliability. We do not warrant and/or represent that the Platform will meet accuracy and your requirements, that the use of the Platform will be uninterrupted, secure or error-free, or that the Platform is free of harmful components, such as viruses.

StartGDPR Documents

You understand and agree that the use of the StartGDPR Documents is at your own risk and that the entire quality, performance, safety, accuracy is with you. StartGDPR Socuments are provided on an ‘as is’ and ‘as available’ basis. We assume no warranty (explicit or implied, written or oral) in connection with the StartGDPR Documents..

We do not guarantee that the StartGDPR Documents will ensure full compliance with GDPR provisions. StartGDPR Documents are the consequence of how we interpret the GDPR provisions. We do not guarantee that this is the only interpretation of the GDPR provisions and the authorities might have different interpretations (including on the relevance of certain processing operations, the need for certain documents, the information indicated in the documents), in particular in the context of the GDPR being a new regulation.

You acknowledge and agree that to the maximum extent permitted under applicable law, in no event will StartGDPR be liable to you or to any other third party for any incidental, indirect, special, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, arising out of or related to the App and the Site, regardless of the theory of liability (contract, warranty, tort, strict liability, product liability or other theory) and even if we have been advised of the possibility of such damages. You understand and agree that we will not be liable for any failure or delayed performance of our obligations that results from any condition beyond our reasonable control, including but not limited to, acts or omissions of third parties, earthquake, fire, flood, governmental action, acts of terrorism, labor conditions, power failures, Internet disturbances or server failures. You acknowledge that the Platform is Internet-based and you understand and accept the inherent security risks associated with such applications and websites, including but not limited to, the risk of losing the Internet connections, the risk of malicious software, the risk of hardware or software failure and the risk of unauthorized access by third parties to your user account. Thus, you agree that we have no liability for any malfunctions, communication failures, delays, errors, or any breach of security you might incur.

The Platform may contain hyperlinks to third party website or resources. These links to third party pages are provided for convenience only. In any event, especially because of the volatile nature of information on the Internet, StartGDPR cannot control the nature or content of these external sources and therefore is not responsible and or liable for the use, the unavailability of third-party website nor their content and advertising or other materials available on such third party websites that you might access via our Platform.

We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion or feature of our Platform. In no event will StarGDPR be liable for the removal of or disabling of access to any portion or feature of the Platform.

In case you breach these Terms, we may suspend or terminate in whole or in part, your access to the Platform in our sole discretion, immediately and without prior notice, and delete or deactivate your user account. In such a case, we will notify you accordingly.

StartGDPR may assign these Terms and/or any and all of its rights or delegate any and all of its obligations under these Terms without your consent. All provisions contained in these Terms shall extend to and be binding upon you and StartGDPR’s successors and assigns. You may not assign these Terms or any of your rights and/or obligations under these Terms to another person or entity.

Please refer to our Privacy Policy for information on how we collect, use, store and disclose your personal data.

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Enforcement of these Terms is solely in our discretion and our failure to enforce any of the provisions in some instances does not constitute a waiver of our right to enforce such provisions in other instances.

These Terms will be governed by and construed in accordance with the laws of Romania. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Romania, and the parties irrevocably consent to the personal jurisdiction and venue there.

By accepting these Terms, you expressly consent and agree to the provisions regarding limitations of liability, choice of law and jurisdiction, unilateral termination and suspension of performance.