Terms & Conditions

1. Introduction

1.1. These Terms and Conditions are entered into by and between the user of this WhiteTech’s Website (hereinafter – “you”, “your”) and the legal entities Advanced Operations OÜ, Custom Assessment OÜ (hereinafter – “WhiteTech”, “we”, “us”, “our”) and govern your use of this WhiteTech’s Website (hereinafter – the “Website”), all texts, software, images, video, audio, other materials (hereinafter – the “Content”) that we may from time to time make available to you through the Website.

2. Acceptance

2.1. Please read the following Terms and Conditions relating to your use of this Website carefully. By using this Website, you are deemed to have agreed to these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference. 

2.2. We reserve the right to change these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By using this Website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions please do not use this Website. 

3. Intellectual property rights

3.1. All Content, trade names, trademarks, logos, and other materials (including but not limited to software, text, images, video, audio) displayed on the Website are protected by applicable copyright, trademark, and other proprietary rights. Such materials are owned by WhiteTech, its affiliates, licensors, or other authorized providers of such materials. All intellectual property rights are reserved.

3.2. You are prohibited from:

3.2.1. Republishing any materials from this Website (including publication on other websites) with commercial purpose;

3.2.2. Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any materials from the Website for commercial purposes without the express prior written consent of WhiteTech;

3.2.3. Modifying, altering, or creating derivative works of the Content; 
3.2.4. Attempting to reverse engineer, decompile, or extract the source code of any software available on the Website;

3.2.5. Removing any copyright, trademark, or proprietary notices from the Content; or

3.2.6. Redistributing or transmitting the materials to any other person or “mirroring” the Content on any other server.

3.3. Any unauthorized use of the Content displayed on the Website will be considered a violation of WhiteTech’s intellectual property rights and may result in legal action.

3.4. You may use our Website solely for informational purposes and to contact us with inquiries or other appropriate communications. However, you are prohibited from using any copyrighted materials, trademarks, or logos displayed on the Website without obtaining our prior explicit written consent or prior explicit written consent of their respective owners. 

3.5. If you provide us with feedback, suggestions, or recommendations, including ideas for new features or improvements to the services (hereinafter the “Feedback”), WhiteTech reserves the right to use such Feedback without restrictions or obligations, including for commercial purposes.

4. Usage of the website

4.1 When using our Website, you must not:
1. Attempt to gain unauthorized access to the Website’s source code, computer systems, networks, or databases connected to the Website server.
2. Intentionally introduce malicious software (such as “web crawlers,” “web robots,” “back doors,” “time bombs,” “Trojan horses,” “viruses,” “worms,” “spyware,” “adware,” or other harmful or disruptive code) to the Website.
3. Use any device, software, or technique to bypass security measures or access controls on the Website.
4. Use bots, scrapers, or automated means to access, analyze, or collect information or data from the Website without authorization.
5. Attempt to intercept, decipher, or misuse any communications between the Website and its servers or disrupt its operations in any manner.
6. Use the Website in a manner that overloads, disables, or damages its infrastructure, including but not limited to denial-of-service (DoS) attacks.
7. Publish false, defamatory, or misleading statements that could harm the reputation of the Website or WhiteTech’s business.
8. Submit materials protected by copyright, trade secrets, or third-party proprietary rights without a valid legal basis to do so.
9. Provide inaccurate, incomplete, false, or harmful information through the contact forms available on the Website.
10. Engage in actions that violate the rights, freedoms, honor, or dignity of any individual.
11. Misrepresent your identity or impersonate another person or entity when using the Website.
12. Publish or promote business or promotional content or advertisements on our behalf without our explicit written authorization.
13. Upload, post, host, or transmit unsolicited emails, SMS, spam messages, or harmful links through or to the Website.
14. Share any personal data revealing sensitive information, including but not limited to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, or sexual orientation, when communicating with us.
15. Use the Website in any way that violates applicable local, national, or international laws or regulations.
16. Exploit any bugs, vulnerabilities, or errors on the Website for personal benefit or malicious purposes and fail to report such issues to us.
17. Attempt to manipulate or test the Website’s functionalities or services with fraudulent, inappropriate, or deceptive intent.

5. Disclaimer

5.1. The materials on the Website are provided on an ‘as is’ basis and “as available” basis. WhiteTech makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

5.2. Further, WhiteTech does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content on the Website or otherwise relating to such materials or on any sites linked to this Website.

5.3. WhiteTech’s obligations with respect to its services are governed solely by the agreements under which they are provided. 

5.4. WhiteTech does not warrant that the functions contained in the Website will be secure, complete, uninterrupted or error-free, that defects will be corrected, or that the Website will otherwise meet your needs or expectations. From time to time the Website may be completely or partially unavailable for reasons beyond our control or for planned and unplanned maintenance.
 
5.5. You agree that we cannot warrant that files available for download from our Website are free from viruses, malware, or other harmful code. It is your responsibility to put in place appropriate safety measures, such as antivirus protection and system checkpoints, to safeguard your devices, data accuracy, and system integrity. We shall not be held liable for any damage or loss you may experience caused by a distributed denial-of-service (DDoS) attack, viruses, or other harmful code that may compromise your computer, software, data, or other personal assets as a result of using our Website, downloading Content from it, or accessing materials from third-party websites linked to ours.

6. Limitation of liability

6.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHITETECH, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF WHITETECH OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE. 

6.2. Nothing in these Terms and Conditions shall exclude or limit any liability that cannot be excluded or limited under the applicable law. 

7. Indemnification

7.1. You agree to fully indemnify and hold harmless WhiteTech and its officers, directors, employees, shareholders, contractors, subsidiaries, affiliates, agents, successors, and assigns from and against any and all liabilities, costs, claims, demands, causes of action, damages, and expenses arising out of or in connection with your breach of any provision of these Terms and Conditions.

8. Accuracy of materials

8.1. The Content provided on the Website may contain inaccuracies, including but not limited to technical or typographical errors.

8.2. WhiteTech does not guarantee or warrant that the Content available on the Website is accurate, complete, reliable, or up-to-date.

8.3. WhiteTech reserves the right to modify, update, or remove any Content on the Website at its sole discretion and without prior notice. However, WhiteTech is not obligated to ensure that the Website’s Content is updated or maintained on an ongoing basis.

9. Third party materials

9.1. This Website may include content not created by WhiteTech, including hyperlinks directing you to websites not owned or managed by WhiteTech (hereinafter – “Third-Party Content”).

9.2. The copying, distribution, reproduction, modification, or retransmission of any Third-Party Content, whether in electronic or physical form, is subject to the prior written consent of the author or publisher of such content.

9.3. WhiteTech is not responsible for Third-Party Content and does not have control over its opinions, accuracy, legality, or reliability. You acknowledge that WhiteTech makes no guarantees or representations regarding the accuracy, truthfulness, or completeness of any Third-Party Content and that the inclusion of such content does not reflect the views or opinions of WhiteTech.

10. Links

10.1. WhiteTech is not responsible for reviewing the content of external websites linked through its Website and is not  responsible for the content, materials, or accuracy of any such linked sites. The inclusion of any link does not imply endorsement or approval by WhiteTech, and accessing or using these linked websites is entirely at your own risk.

11. Personal data protection

11.1. Any personal data that you provide to us on this Website is subject to our Privacy Policy which is incorporated into these Terms and Conditions by reference.

12. Governing law

12.1. These Terms and Conditions shall be governed by the laws of the Republic of Estonia, without regard to its conflict of law provisions.
   
12.2. If not settled by the negotiations, any dispute, controversy or claim arising out of or relating to these Terms and Conditions or the breach, termination or validity thereof, which arises between the Parties shall be submitted to the competent courts of Estonia for resolution.    

13. Waiver

13.1. No waiver by WhiteTech of any term or condition outlined in these Terms and Conditions shall be construed as a continuing or additional waiver of the same term or condition, nor as a waiver of any other term or condition. Furthermore, WhiteTech’s failure or delay in asserting any right or enforcing any provision under these Terms and Conditions shall not be interpreted as a waiver of that right or provision.

14. Severability

14.1. If any provision of these Terms and Conditions is held to be invalid or otherwise unenforceable, such provision will be interpreted to achieve its original effect to the maximum extent permitted by applicable law, and the remaining provisions of these Terms and Conditions will continue in full force and effect.

15. Sanctions

15.1. You confirm and warrant that:
15.1.1. You are not subject to any sanctions imposed by the Security Council of the United Nations, the United States of America, the European Union, or the United Kingdom of Great Britain and Northern Ireland (collectively referred to as “Sanctions”); and

15.1.2. You are not located in, registered in, or a citizen of a country or territory that is the subject of Sanctions.

16. Entire agreement

16.1. These Terms and Conditions constitute the entire agreement between you and us regarding your use of the Website.