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GENERAL TERMS AND CONDITIONS OF USE

These General Terms and Conditions (“Terms”) govern the relationship between GIVE A SMART OOD, registered in the Commercial Register at the Registry Agency with UIC (EIK) 201056559, having its registered office and management address at: BULGARIA, Sofia, Kremikovtsi District, 296 Botevgradsko Shosse Blvd. (hereinafter referred to as the “Provider” or “We”), and any person (hereinafter referred to as the “User” or “You”) who uses the website https://neuroinsiders.com/ and the services offered through it.

By using this Website, You confirm that You have read, understood, and agreed to be bound by these Terms. If You do not agree with any of these Terms, You must not use the Website or the Services.

I. DEFINITIONS

1.1. “Provider”: GIVE A SMART OOD, UIC 201056559, address: Sofia, 296 Botevgradsko Shosse Blvd., tel: 0886628078, email: [email protected].

1.2. “Website”: https://neuroinsiders.com/.

1.3. “User”: Any natural or legal person who visits the Website or orders the Services.

1.4. “Consumer”: A User who is a natural person acting outside the scope of their trade, business, or profession, within the meaning of the Consumer Protection Act (CPA).

1.5. “Services”: Refers to analyses, consultations, and other expert services provided by the Provider, which are based on a combination of marketing expertise and various AI software (used directly or SaaS-based) for predicting and analyzing the user experience.

1.6. “Client Data”: All data, content, materials, or information (including images, videos, text) that the User provides or sends to the Provider for the purpose of analysis.

1.7. “Offer” (Quote): A specific written document (electronic or paper) provided by the Provider to the User, describing the details, execution timeframe, and price of the ordered Services.

1.8. “Supervisory Authorities”:

  • Commission for Personal Data Protection (CPDP): Sofia, P.C. 1592, 2 Prof. Tsvetan Lazarov Blvd.
  • Commission for Consumer Protection (CPC): Sofia, 1000, 4A Slaveykov Sq.

II. SUBJECT AND NATURE OF THE SERVICES

2.1. The Provider provides the User, against payment, with Services in accordance with an individual, written, and accepted Offer.

2.2. The Services are provided for the User’s internal business purposes.

2.3. The User understands and accepts that the Services are based on a combination of expert analysis and AI-based SaaS (“Software as a Service”) platforms. The Provider reserves the right to develop and improve the Services and their functionalities at any time.

III. CONCLUSION OF CONTRACT AND PRICING

3.1. The contract for the use of paid Services is deemed concluded from the moment the User accepts (electronically or in writing) an Offer provided by the Provider. The Offer, together with these General Terms and the Privacy Policy, constitutes the entire agreement between the parties.

3.2. All prices stated in the Offers are exclusive of VAT, unless explicitly stated otherwise.

3.3. Fees for ordered and provided Services are non-refundable, and payment obligations are irrevocable, unless otherwise provided by law.

3.4. Payments shall be made via bank transfer within the deadlines specified in the Offer or the respective invoice (standardly – within 14 days of receipt of the invoice). In case of late payment, the Provider is entitled to charge the statutory interest for delay on the outstanding amount.

IV. RIGHTS AND OBLIGATIONS OF THE USER

4.1. The User undertakes to provide accurate and truthful information necessary for the provision of the Services.

4.2. Usage Restrictions. The User shall NOT have the right to:

  • a) Sell, rent, license, distribute, or transfer the results of the Services to third parties in any way, unless explicitly agreed upon;
  • b) Reverse engineer, decompile, disassemble, or attempt to discover the source code of the software used to provide the Services;
  • c) Use the Services to build a competing product or service;
  • d) Provide Client Data that is illegal, threatening, pornographic, hateful, offensive, defamatory, violates someone’s privacy, or contains viruses or harmful code.

4.3. Ethical Policies. The User undertakes to comply with the Provider’s ethical policies (based on the policies of the Provider and its technological partners), which may include restrictions for specific industries or regions.

4.4. The User represents and warrants that they possess all necessary rights and permissions regarding the Client Data they provide for analysis through the Services.

V. CLIENT DATA AND INTELLECTUAL PROPERTY

5.1. Ownership of Client Data. The User owns and retains all rights to the Client Data they provide.

5.2. License to the Provider. For the purpose of providing the Services, the User grants the Provider (and its technological partners/sub-processors) the necessary permission (license) to use the Client Data. This license includes the right to:

  • a) Collect, store, and process the Client Data;
  • b) Share the Client Data with its technological partners (sub-processors) necessary for the functioning of the Service;
  • c) Use the Client Data for machine learning purposes to maintain and improve the Services and for anonymous benchmarking purposes.

5.3. Privacy. The processing of personal data related to the use of the Website is governed by the Provider’s Privacy Policy, which is an integral part of these Terms.

5.4. Ownership of Services. The Provider and/or its licensors own all intellectual property rights related to the Services, the Website, methodologies, and software. This includes the Provider’s logos, designs, and all related elements. These Terms do not grant the User any ownership rights.

VI. LIMITATION OF LIABILITY

6.1. The Services are provided “as is” without any express or implied warranties of fitness for a particular purpose, merchantability, or absence of errors.

6.2. The Provider (including its employees and management) shall not be liable for any indirect, special, incidental, or consequential damages, including but not limited to financial losses, loss of revenue or profits, lost opportunities, business interruption, loss of data or software, regardless of the degree of negligence and even if warned of the possibility of such damages.

6.3. The Provider is not liable for damages caused by defective or inappropriate materials (Client Data) provided by the User.

6.4. In the event that the Provider is held liable for direct damages suffered by the User, the Provider’s aggregate liability for all claims arising out of or related to this contract shall be limited to the amount actually paid by the User for the specific Service giving rise to the claim.

VII. TERMINATION

7.1. The contract enters into force upon acceptance of the Offer and remains in effect until the full performance of the Service by the Provider and full payment of the price by the User.

7.2. The Provider has the right to terminate this contract immediately and seek additional compensation through legal action if the User:

  • a) Materially breaches these Terms, including usage restrictions (Art. 4.2) or ethical policies (Art. 4.3);
  • b) Violates the intellectual property rights of the Provider or its licensors.

7.3. Data upon Termination. Upon completion or termination of the contract (regardless of the reason), the User has the right, within 30 (thirty) days, to request and receive their Client Data and the results of the Service (to the extent they are paid for). After the expiration of this 30-day period, the Provider has the right to permanently delete all Client Data.

VIII. CONFIDENTIALITY

8.1. Each party undertakes to treat all information received from the other party that is not publicly available as strictly confidential (“Confidential Information”).

8.2. Confidential Information may not be disclosed to third parties without the express written consent of the disclosing party, unless required by law.

8.3. As an exception to 8.1 and 8.2, the Provider has the right to use Client Data (or parts thereof) for its own marketing purposes (e.g., in advertising, portfolios, case studies), but only after the User has made a version of these materials public (through advertising, website publication, or otherwise).

8.4. The Provider has the right to publish the User’s logo on its Website and to publicly state that the User is a client of the Provider, unless the User explicitly objects in writing.

IX. APPLICABLE LAW AND DISPUTES

9.1. Before taking formal legal action, the parties agree to make good-faith efforts to resolve any disputes through negotiations.

9.2. For all matters not settled in these Terms, the current legislation of the Republic of Bulgaria shall apply.

9.3. All disputes arising between the parties shall be resolved by the competent Bulgarian court in the city of Sofia.

X. FINAL PROVISIONS

10.1. Changes to the Terms. The Provider reserves the right to change these General Terms at any time by publishing the updated version on the Website. In the event of material changes, the Provider will notify Users in an appropriate manner (e.g., via email).

10.2. Force Majeure. Neither party shall be liable for non-performance caused by events beyond its reasonable control (war, natural disaster, pandemic, internet or power failure, etc.), with the exception of payment obligations.

10.3. Entire Agreement. These Terms, together with the Privacy Policy and the accepted Offer, constitute the entire agreement between the parties and supersede all previous oral or written agreements.

10.4. Severability. If any clause of these Terms is declared invalid or unenforceable, this shall not affect the validity of the remaining clauses.