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Terms of Service

Guidelines for using our services and your rights as a user

Written by Erdem Yildirim

MENTRA.GG – TERMS OF SERVICE

EFFECTIVE DATE: August 3, 2024

DATE OF LATEST UPDATE: November 16, 2024

INTRODUCTION

MSS Mentra Services & Solutions Ltd, a limited liability company organized pursuant to the laws of the Republic of Cyprus, owns, manages and operates the website www.mentra.gg and its corresponding web and mobile applications (collectively referred to as the “Platform”).

The Platform operates as an e-commerce platform offering its users the ability to sell and purchase digital products. The Platform is intended to facilitate the sale, transfer and purchase of digital products, such as intellectual property, software and digital currencies.

The present Terms of Service set forth the terms upon which the Platform is rendered available to Sellers and Buyers of Products (as further defined). The present Terms of Service shall govern the sale of Products by Sellers and the purchase of Products by Buyers on the Platform.

1. INTRODUCTION

The Platform serves as an online marketplace for digital products. Sellers may offer for sale and sell digital Products on the Platform, provided the digital Products offered for sale comply with the Platform’s Terms of Service, and are not prohibited. Buyers may purchase any such digital Products offered for sale on the Platform by placing an Order and paying the corresponding fee.

2. DEFINITIONS

The following capitalized terms, when used in these Terms of Service, shall have the meanings set forth below, unless the context requires otherwise:

“Buyers” shall refer to users of the Platform engaging in the purchase of any one (1) or more Products on the Platform.

“Company” shall refer to MSS Mentra Services & Solutions Ltd, a Cyprus company, whose registered address is located at Georgiou Karaiskaki 11-13, Carisa Salonica, Office 102, 7560 Pervolia, Larnaca, Republic of Cyprus. For reference purposes, the Company owns, manages and operates the Platform.

Dispute” shall refer to any dispute between a User and the Company relating to these Terms of Service.

“Order” shall refer to an order for one (1) or more Products placed by a Buyer via the Platform.

“Privacy Policy” shall refer to the latest version of the Platform’s Privacy Policy, as may be amended or updated by the Company from time to time.

“Products” shall refer to all digital products listed as available for purchase and/or purchased on the Platform. Products may include, without limitation, intellectual property, digital currencies, digital items and software.

“Refund Policy” shall refer to the latest version of the Platform’s Refund Policy, as may be amended or updated by the Company from time to time.

“Sellers” shall refer to users approved by the Company to sell Products on the Platform, and who hold a valid merchant account on the Platform.

“Terms of Service” shall refer to the latest version of the Platform’s Terms of Service, as may be amended or updated by the Company from time to time.

Users” shall refer to all users of the Platform, and “User” shall refer to an individual user of the Platform.

3. APPLICABILITY OF THESE TERMS OF SERVICE

The present Terms of Service shall provide the terms upon which Users are granted access to the Platform. The present Terms of Service shall apply to all Users, both Sellers and Buyers, who access and/or otherwise use the Platform.

The present Terms of Service shall be applicable and binding upon a User’s initial access and usage of the Platform. Upon accessing, browsing or using the Platform in any way, a User agrees to be bound and governed by these Terms of Service, in their entirety. Each User shall be bound by these Terms of Service, in full, as though the User manually signed them

Any usage of the Platform by a User shall be construed as the User’s acceptance of these Terms of Service. If a User of the Platform does not agree with these Terms of Service, even in part, the User’s sole recourse shall be to refrain from using the Platform.

3.1 Binding Agreement

These Terms of Service shall form a binding agreement between the Company and each User. The Company shall not be bound by any terms or policies, except for the present Terms of Service and any policies explicitly named herein. These Terms of Service shall encompass any other policies established by the Company, including the Privacy Policy and the Refund Policy.

4. UPDATES TO THESE TERMS OF SERVICE

The Company may update these Terms of Service and other related policies from time to time, at the Company’s sole discretion. The most recent version of these Terms of Service shall be published on the Platform for review and reference purposes. The published version of these Terms of Service shall specify the date of the latest update.

The updated Terms of Service shall be binding as of the date specified in the header. Any usage of the Platform by a User following the publication of the updated Terms of Service shall constitute the User’s agreement to be bound by the updated Terms of Service.

4.1 Notification of Updates

The Company shall attempt to notify Users prior to making significant changes to these Terms of Service, however, the Company cannot guarantee that Users shall be informed of updates to these Terms of Service in advance. To remain updated and current, the Company strongly encourages Users to periodically review these Terms of Service.

5. ELIGIBILITY TO USE PLATFORM

As a condition to use the Platform, each User hereby provides the following representations to the Company:

(i) The User is at least eighteen (18) years of age.

(ii) The User shall use the Platform in accordance with all applicable laws, regulations and orders.

(iii) The User holds the legal capacity required to enter into binding agreements.

(iv) The User has not been barred from accessing or using the Platform pursuant to any applicable law or a judicial decision.

(v) The User is not subject to limitations or restrictions that would prevent, restrict or limit the User’s right to use the Platform.

6. ACCOUNTS ON THE PLATFORM

6.1 Merchant Accounts

To sell Products on the Platform, Sellers must create a merchant account on the Platform. In the creation of the merchant account, the Seller shall specify personal or private information, such as the Seller’s username, email address and password. It shall be optional for Sellers to provide additional information such as their phone numbers.

6.2 Provision of Personal Data

Sellers shall ensure that any personal data provided in their merchant accounts is accurate, true, complete and current to the best of their knowledge. Sellers shall be responsible for updating any personal data that has become outdated, expired or no longer applicable.

6.3 Account Security

Merchant accounts on the Platform shall be secured by a password. Sellers shall ensure their passwords remain confidential. In the event of a security breach, such as a compromised password, Sellers shall notify the Company immediately to avoid damage.

Sellers shall be responsible for all acts, content, and omissions arising out of their merchants accounts. Sellers shall not engage in unacceptable use of their account, and agree to strictly comply with the obligations contained in these Terms of Service.

The Company declines full liability for losses or damages caused by any unauthorized usage of merchant accounts.

6.4 Termination of Merchant Accounts

Sellers may close or otherwise terminate their merchant accounts at any time. The termination process shall be detailed on the Platform.

The Company reserves the right to ban or lock the merchant account of a User who has breached or violated these Terms of Service. The ban or lock of the merchant account shall be for the duration deemed appropriate or necessary by the Company, at its sole discretion. Upon banning or locking a merchant account, all funds associated with such merchant account shall be held for a maximum of one hundred eighty (180) days to protect against potential chargebacks and related service costs.

The Company reserves the right to terminate or suspend a merchant account on the Platform if the Seller breached these Terms of Service. If a Seller’s merchant account is terminated by the Company, the Seller agrees to waive any recourses or claims the Seller may have or had against the Company. The Seller further agrees to release the Company from all liability in connection with the terminated or suspended merchant account.

Once a merchant account or merchant store is deleted, all associated data collected and stored shall be promptly removed from the Company’s servers and systems, unless: (i) otherwise specified or (ii) required to be maintained to fulfill a legal obligation or valid court order.

7. COMPANY’S ROLE

The Platform serves as an online marketplace, facilitating the sale and purchase of Products between Users. The Platform and the Company do not own any of the Products listed for sale on the Platform, unless otherwise specified.

With respect to the Products, the Platform’s role is limited to acting as an intermediary to transactions involving Sellers and Buyers of the Products. More specifically, the Platform facilitates the sale of Products between Users by publishing Listings, handling payments and delivery of the Products.

The Platform is not affiliated with the Products’ agents, developers, designers, resellers, and distributors. The Platform shall act as an independent entity with respect to the Products and should not be construed as an affiliate of the Products’ agents, designers, distributors, resellers, or other entity associated with such Products.

8. PRODUCTS

The Sellers shall be strictly responsible for ensuring the Products they offer for sale online comply with applicable laws and regulations. It is strictly forbidden for a Seller to offer for sale or sell any Products prohibited by law in any country.

For reference purposes, the following constitutes a non-exhaustive list of prohibited products:

  • Products prohibited by law in any jurisdiction;

  • Products whose objective is to encourage Users to participate in or commit illegal acts or to facilitate the commission of illegal acts;

  • Products that entice or promote racism, violence, hatred, gambling and/or abuse;

  • Raffles, giveaways, sweepstakes and other contests;

  • Corporate stocks, bonds and other securities;

  • Adult materials, pornographic content or items that are sexual in nature;

  • Illicit or hazardous substances, unlawful or unregulated chemicals, drugs and/or drug paraphernalia;

  • Items that are not the Seller’s property and that belong to a third party;

  • Products that may not be shared or sold due to a confidentiality obligation or other legal obligation;

  • Items that violate a third party’s intellectual property rights;

  • Stolen items or items obtained unlawfully.

The Company shall immediately sanction any Seller who offers for sale or engages in the sale of any prohibited Products on the Platform. Such sanctions may include, without limitation, the immediate termination of the Seller’s merchant account on the Platform, and applicable legal remedies. Further, if a Seller sells or attempts to sell any prohibited Products, the Company may report the Seller to law enforcement.

9. BUYERS

9.1 Buyers’ Warranties

To be eligible to purchase Products listed on the Platform, each Buyer provides the following warranties and representations to the Company:

  • The Buyer is not party to any contract, arrangement, legal obligation or other duty that would prevent the Buyer from purchasing the Products subject to the Buyer’s Order(s).

  • The payment information provided by the Buyer shall be accurate, true and complete.

  • The Buyer has the funds needed to satisfy the payment of the Products subject to the Order(s) placed.

  • The Buyer acknowledges that the Platform does not offer any warranties with respect to the Products, except for those explicitly set forth in these Terms of Service.

9.2 Buyer Responsibility

The Buyer understands that the Company shall not be responsible for the Buyer’s inability to use the Products and/or the Platform due to failure of the Buyer’s equipment, device or otherwise due to the Buyer’s fault or negligence.

Each Buyer shall be responsible if the Products purchased are not delivered or usable due to the Buyer’s error, such as a typographical error made by the Buyer within the Order. When placing an Order for Products, the Buyer shall specify all required information, including but not limited to the delivery location, the Buyer’s email address and other data fields. The Products ordered shall be delivered to the delivery address or email address entered by the Client at the checkout.

9.3 Assumption of Risks

To the fullest extent permitted under applicable law, Buyers knowingly and voluntarily agree to assume all risks associated with purchasing Product(s) via the Platform. Each Buyer therefore confirms to the Company that the Buyer assessed the risks associated with the purchase of the Products and voluntarily chosen to place the Order.

9.4 Usage of the Products

Buyers shall comply with all applicable laws and these Terms of Service with respect to the purchase. Buyers shall use the Products ordered in accordance with their intended purpose and the relevant instructions. Buyers may not use the Products for any other purposes, except with the Seller and the Company’s prior written consent.

Following the delivery of the Products ordered, Buyers shall be granted access, custody and control of the Products. Buyers shall use the Products with proper care and caution, and may be held responsible for any misuse, or damage to the Products.

10. SELLERS

10.1 Sellers’ Warranties

To publish Listings to sell and offer to sell Products on the Platform, each Seller provides the following warranties and representations to the Company:

  • The Seller is not party to any contract, arrangement, legal obligation or other duty that would prevent the Seller from listing, selling, transferring or in any other way disposing of the Products described in the Seller’s Listings on the Platform.

  • The information provided by the Seller in its merchant account as well as the information provided in Listings is accurate, true and complete to the best of the Seller’s knowledge.

  • Prior to the effective sale of the Products, the Seller confirms being the lawful owner of the Products listed that the Seller intends to sell via the Platform.

  • The sale of the Products to a Buyer shall not breach or violate any law, regulation, policy and/or third party right.

  • The Products subject to the Seller’s Listings on the Platform are not damaged, defective or otherwise unusable.

10.2 Seller’s Acknowledgments

Sellers acknowledge that as an intermediary between Users, the Company shall not be responsible if the sale of the Seller’s Products breaches any third party right or legal obligation to which the Seller is bound. Sellers further acknowledge that the Company not be responsible for any damages, defects or other issues affecting the Products listed by Sellers on the Platform.

10.3 Listings

Sellers shall create and publish Listings on the Platform to describe the Products available for sale. The Listings and Product descriptions shall be accurate and complete. Sellers may upload recent photos of the Products available for sale on the Platform.

The Listings shall specify the Products’ name, a description thereof, the price, the type of service and other relevant information. The Listings shall properly describe the Products, and may not include unrelated keywords intended to manipulate search results.

The Company may, without liability, delete any Listing if the Products subject thereto are prohibited, or if the Listing does not comply with these Terms of Service. The Company may further remove any Listings that constitute duplicates of existing Listings.

Sellers hereby grant the Company and its affiliates a worldwide, perpetual, irrevocable, royalty-free and transferable license to use, publish, distribute, modify and commercialize the Seller’s Listings on the Platform and any accounts created or controlled by the Company.

Considering Listings are user-generated, the Company cannot provide any guarantees as the quality, suitability and integrity of the Listings. The Company shall not be liable for any errors, issues or losses caused by inaccurate or incorrect Listings published on the Platform.

11. PRODUCT DELIVERY

Once an Order has been placed and paid by the Buyer, the Products ordered shall be instantly delivered. The Company shall handle the instant digital delivery of the Products ordered.

Sellers shall list and submit the Products available for purchase within the Stock portion of the Platform. The Company shall then automatically deliver such Products when they are duly ordered by Buyers. Once a Product is delivered by the Company, the Company shall remove it from the Stock portion of the Platform. Buyers may not place Orders for Products that are out of stock. Sellers shall be responsible for replenishing Products that are out of stock on an as needed basis.

Buyers shall be granted a seventy-two (72) hour delay as of the delivery of the Product(s) ordered to submit a confirmation of the receipt of the Order. Buyers shall use the payment system provided on the Platform to confirm the Product(s) received comply with the terms of the Order.

If Buyers do not confirm the Product(s) ordered have been received within the seventy-two (72) hour delay, such Orders shall be marked as auto-confirmed.

12. DISPUTES BETWEEN BUYERS AND SELLERS

In case of a dispute between a Seller and a Buyer, the Company handle the dispute in the name of the Seller. The Company cannot guarantee that its intervention shall resolve the dispute. Further, the Company shall attempt to resolve the dispute, but cannot control the outcome and the resolution of the dispute.

As a result, Users agree to fully release the Company from all claims, and causes of action of every nature, that Users have, may have or had against the Company arising out of the dispute.

13. PAYMENTS, BALANCES AND SELLER’S COMPENSATION

13.1 Buyer’s Payment Information

Once an Order is placed by a Buyer, the Buyer’s payment information shall be automatically charged. The Buyer’s payment information shall consist of the Buyer’s credit card on file, PayPal account, Stripe account or other form of payment as authorized by the Company. The Company may use a third party payment processing company to fulfill transactions. The Buyer shall comply with the terms of such third party payment processing company.

By providing payment information to place an Order, the Buyer acknowledges that the third party payment processing company retained by the Company may store the Buyer’s payment information.

The Company reserves the right to refuse to process an Order if the Buyer’s payment information is invalid, unusable or otherwise unacceptable.

13.2 Chargebacks Instituted by Buyers

If a Buyer unlawfully withdraws funds or institutes a chargeback following the Order confirmation, the Company shall apply sanctions against the Buyer. Such sanctions may include the removal of the Buyer’s account on the Platform, reporting the conduct to the authorities and instituting appropriate legal recourses, without limitation.

If a Buyer initiates a dispute with a Seller or with the Buyer’s bank, the Company shall charge the Buyer a fixed fee in the amount of fifteen Euros (15€) per disputed transaction. Such fixed fee charged by the Company shall be withdrawn from the Buyer’s balance on the Platform, if permissible. In addition thereto, the Company shall create an invoice for such fee.

If a Buyer initiates a dispute, the Company shall add such Buyer to its global blocklist for security and fraud prevention purposes. Any Buyer placed on the Company’s global blocklist shall be prohibited from placing Orders while on such global blocklist in an effort to prevent future fraudulent activities on the Platform.

If a Buyer wishes to be removed from the Company’s global blocklist, the Buyer shall request a special permission from the Company’s customer support, and pay the damages caused by the dispute initiated by the Buyer. The damages shall include the payment processing fees, and chargeback rate.

13.3 Taxes

Buyers shall be responsible for verifying the price of the Order placed prior to making the corresponding payment. Unless otherwise indicated, the fees for Products are exclusive of any taxes and duties. Buyers shall pay the taxes charged in connection with their purchases made on the Platform.

The Company may collect applicable sales tax if the Company is legally obligated to collect such sales tax.

13.4 Outstanding Balances

Any unpaid balances may be sent to collections. The owing User shall be responsible for all interest incurred and collection costs.

The Company reserves the right to institute legal action to collect any outstanding balances due. In which case, the owing User shall be responsible for paying applicable legal costs, including reasonable attorney fees and court costs.

Users agree to not, directly or indirectly, initiate any chargeback with their financial institution with respect to any payments made in connection with the Platform.

13.5 Risk Assessment

Prior to processing a payment, the Company shall conduct a risk assessment. Firstly, the Company shall collect the Buyer’s IP address, country of residence or origin, name and email address. The Company shall use such data to assess fraud scores and for tracking purposes. The Company reserves the right to share such data with the relevant Seller, and third party service providers, such as Google Analytics and other tracking service providers.

Furthermore, the Company implemented a three (3) layer fraud score to further protect Sellers, as follows. Each transaction or Order shall be categorized by the Company as: (i) high risk, (ii) medium risk, or (iii) low risk, according to the Company’s internal assessment procedures.

In case of any high risk transaction or Order, the Company shall allow a payout of eighty percent (80%) of the balance at once, and payout requests may be submitted by the Seller once every fourteen (14) days or more.

In case of any medium risk transaction or Order, the Company shall allow a payout of ninety percent (90%) of the balance at once, and payout requests may be submitted by the Seller once every seven (7) days or more.

In case of any low risk transaction or Order, the Company the Company shall allow a payout of one hundred percent (100%) of the balance at once, and payout requests may be submitted by the Seller once every three (3) days or more.

For transactions or Orders categorized with medium to high risk scores, the Sellers may withdraw one hundred percent (100%) of their balance after ceasing sales on the Platform. More specifically, the Sellers shall be eligible to request the full amount of the payout thirty (30) days following the date of the Seller’s last sale on the Platform.

13.6 Release of Funds

Upon the delivery of the Seller’s Products ordered to the purchasing Buyers, the Company shall release the Order funds to the Seller, less the applicable payout fees.

Funds shall be added to the Seller’s balance once the Buyer has confirmed the delivery or automatically after seventy-two (72) hours have lapsed without action on the Buyer’s part.

Notwithstanding any provision to the contrary, the Company has established a protocol to minimize risk for Sellers upon accepting Orders from new Buyers. Sellers shall be permitted to request payouts from sales to new Buyers on the Platform within seven (7) days after the first sale.

Sellers may request payment for the Products sold no sooner than one (1) week following the Buyers’ receipt of the Products. Sellers may request a payout of funds from Product sales. To initiate a payout, Sellers must select the Payment option within the dashboard of their accounts on the Platform. Under the Payment tab, Sellers should choose the Payout option and click 'Create.' Sellers acknowledge that there is a minimum payout amount of one hundred (100) Euros, or its equivalent in another currency (the “Minimum Payout”). If Sellers’ payout amount remains below the Minimum Payout amount for a period of three (3) months or more, Sellers may request a payout after the three (3) month period.

13.7 Company Fees

For reference purposes, the Company’s fees consist of the following, as applicable: (i) dispute fees, Pro and/or Business package fees, (iii) transaction fees, and (iv) payout fees.

The Company shall be entitled to retain a payout fee, constituting a fee retained per transaction. There are no hidden fees.

The payout fee due to the Company may be subject to change, with prior notice.

Each payout method selected may be subject to a custom fee, which may vary based on several factors. For reference purposes, the majority of payout methods shall be free of charge, and not subject to a fee. Certain payout methods, such as cryptocurrency or voucher payouts, may be subject to additional fees that are subject to change at any time. For transparency purposes, Sellers shall be presented with the custom fee for each payout method available to allow the Sellers to make informed decisions.

Sellers shall have the option of charging Buyers an additional fee to account for the payout fee owed to the Company. Sellers may also charge a different fee based on the payment method selected by the Buyers. These options shall be exercised at the Sellers’ discretion.

Despite the Seller’s timely request for a payout, payouts may be delayed by up to thirty (30) days. Delays in payouts may be due to high fraud scores, high dispute rates, or as a preventative measure to mitigate fraudulent activities.

Sellers may be required to report their earnings from Product sales conducted through the Platform. The Company may also be required to report a Seller’s earnings to appropriate tax authorities if the Seller generates a certain amount of income or more from Product sales conducted via the Platform. The Company shall have the right to disclose the Seller’s personal information to the appropriate authorities for tax purposes.

13.8 Refunds

All Orders placed through the “Merchant Website Address” are subject to the Refund Policy. Unless otherwise stated, these Orders are final due to the digital nature of the Products sold.

Refund requests, the submission thereof and the handling of chargebacks shall be handled according to the Refund Policy. The Refund Policy shall be read in conjunction with these Terms of Service, and shall form an integral part thereof.

14. INSURANCE

The Platform does not operate as an insurance provider, nor does the Platform provide insurance coverage.

If Products subject to Listings are required to be insured by a licensed and reputable insurance carrier, Sellers shall be required to secure such insurance coverage.

15. INTELLECTUAL PROPERTY AND TRADEMARKS

15.1 Company’s Intellectual Property

The Company’s trademarks and logos are protected by copyright laws. The Company’s trademarks and logos may not be reproduced or shared without the Company’s prior written consent. Users may not use the Company’s trademarks and logos for any purpose except to carry out transactions in accordance with the present Terms of Service.

All intellectual property directly relating to the Platform and the Company remains the sole property of the Company, and the Company is the owner of such intellectual property throughout the world, without limitations of time or space.

Any content licensed to the Company is the property of its respective owners.

Users shall be permitted to copy and print portions of the Platform solely for purposes of selling and buying Products as well as reference purposes.

15.2 Third Party Intellectual Property

The Platform may include trademarks, intellectual property and images of the Products. To properly identify the Products listed on the Platform, third party images, trademarks and intellectual property may be published on the Platform. Listings may include logos of the third parties, while not having any affiliation to such third parties, to allow Users to identify the Products associated with such marks.

In accordance with applicable trademark laws, the publication of the logos of third party trademarks and intellectual property constitutes nominative fair use.

16. PERMITTED AND PROHIBITED CONDUCT

16.1 Compliance with Applicable Laws

Users agree to use the Platform in compliance with all applicable laws, regulations, policies and standards. All usage of the Platform shall comply with Internet safety guidelines and standards.

16.2 Prohibited Conduct

Each User shall be responsible for its actions and omissions while using the Platform. Each User shall not engage in prohibited activities, which include using the Platform to fulfill any of the following purposes:

  • Breach any applicable law, government order, regulation or policy;

  • Interfere with or damage the Platform and/or its servers;

  • Decompile, reverse engineer or hack any portion of the Platform or attempt to do so;

  • Send harmful files or other viruses;

  • Use automated means, such as data mining tools, to download data from the Platform;

  • Engage in unlawful, fraudulent or otherwise discriminatory acts;

  • Encourage other Users to use the Platform for illegal purposes;

  • Collect personal information or data regarding Users of the Platform, without obtaining the necessary consents;

  • Act in a way that conflicts with the intent of these Terms of Service.

Users shall be held personally responsible for their failure to comply with these Terms of Service, and any standards set by the Company. Further, the Company may, without liability and without penalty, revoke a User’s right to use the Platform if the User violated or attempted to violate any obligation in these Terms of Service.

The Company further reserves the right to investigate any potential violations of these Terms of Service, applicable laws, regulations or binding terms. Users shall cooperate with the Company during any such investigations. In the event of any fraud or breach of the Terms of Service, the Company shall freeze the offending User’s credit and take any measures deemed necessary, as determined by the Company acting reasonably.

17. PLATFORM CHANGES

The Company reserves the right to make changes to the Platform, including, without limitation, updating content, removing content and editing, disabling, removing, condensing or otherwise changing Listings and removing or adding Products listed on the Platform.

The Company further reserves the right to limit, suspend, withdraw or otherwise change certain features and services, including but not limited to those services offered to Pro and/or Business Users. The Company may also restrict access to parts or all of the Platform, without notice or liability.

Users acknowledge that information may quickly become outdated. The Company is unable to warrant or guarantee that the content available on the Platform shall be accurate, valid, current and reliable. If a User finds any information published on the Platform to be outdated, erroneous or false, the User shall promptly notify the Company by email.

18. PERSONAL INFORMATION

The Privacy Policy is expressly incorporated in these Terms of Service by reference. All personal information provided on the Platform shall be treated, handled and protected according to the terms of the Privacy Policy.

19. LINKS TO OTHER SITES

Users acknowledge that any links to third party website, sites, or applications provided on the Platform are for reference purposes only. The third party website, sites, or applications referenced on the Platform are independent third parties to the Company.

The inclusion of any links on the Platform does not imply the Company’s endorsement or association with such third party links. The publication of the links, images, logos, and referrals on the Platform shall not be construed as the Company’s affiliation with the same.

The Company shall not be responsible for the accuracy or the third party website, sites, or applications, the availability thereof or any content provided in connection therewith. The use of the third party links shall be subject to the third party’s policies and specific terms, and not the present Terms of Service. Users agree to use the third party links provided on the Platform at their sole risk.

20. INDEMNITY

Each User agrees to indemnify and hold the Company and its employees, agents, officers, directors and consultants, harmless from and against all losses, damages, liabilities, costs and expenses in connection with any claims, actions, proceedings, investigations, charges, damages, or suits brought by a third party, arising out of (i) the User’s use of the Platform and/or the Products; (ii) the User’s breach of any agreement or obligation specified in these Terms of Service; and/or (iii) any false, misleading or incomplete representation or warranty made by the User in connection with these Terms of Service.

21. LIMITED LIABILITY

21.1 Accessibility Challenges

Technical issues may block, suspend, terminate or completely prevent access to the Platform. The Company shall not be liable for any suspension, termination or loss of access to the Platform. Further, the Company shall not be liable for issues affecting the Platform’s servers, such as unauthorized access to personal data and service interruptions affecting the Platform.

There are known risks associated with online activity. The Company is therefore unable to guarantee that technical issues or defects shall be corrected in a timely manner or even corrected at all.

21.2 Exclusion of Damages

To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, special or consequential loss or damages arising from the access and/or usage of the Platform, including but not limited to loss of profits, revenue, goodwill, privacy, business or anticipated earnings. This exclusion of liability applies even the Company was notified of the possibility of such damages arising.

21.3 Force Majeure

The Company shall not be responsible for any injury, loss, death, inconvenience, delay, or damage to personal property resulting from a Force Majeure event. Force Majeure events shall consist of acts of God, epidemics, pandemics, illness, disease, strikes, acts of war, civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or other circumstances beyond the Company’s control.

If the Company shall be delayed or prevented from performing any obligation or act required by these Terms of Service by reason of a Force Majeure event, the performance of such obligation or act by the Company shall be excused during the Force Majeure event. The Company’s obligation may resume once the Force Majeure event has expired, ceased or otherwise terminated.

22. DISCLAIMER OF WARRANTIES

The Platform shall be provided on an “as is” basis and “as available”, without any warranties or guarantees of any kind. Without limiting the generality of the foregoing, the Company cannot guarantee that the Platform shall be continuously available for usage without error, omissions or interruption.

To the fullest extent permitted by law, the Company disclaims express, statutory and implied warranties, such as implied warranties of title, non-infringement, merchantability and fitness for a particular purpose.

The Company cannot provide any warranties regarding the accuracy of the descriptions in the Listings and the quality of the Products listed and sold.

23. GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Cyprus (excluding any conflict of laws principle which refer to the laws of another jurisdiction).

24. DISPUTE RESOLUTION AND MANDATORY ARBITRATION

Disputes shall be resolved exclusively by mandatory arbitration, except for those subject to the jurisdiction of the courts, and unless Users opted out of the arbitration process in accordance with these Terms of Service.

24.1 Jurisdiction of the Courts

Disputes seeking the following shall be brought before the competent courts located in the Republic of Cyprus: (i) an injunction or equitable relief, or (ii) to enforce any rights granted by these Terms of Service.

24.2 Opting Out

To opt out of the arbitration process, Users shall send the Company a written request prior to creating a merchant account or placing an Order on the Platform. The Company shall review the opting out requests, and approve those which comply with these Terms of Service. Any approved opting out requests shall result in Disputes being handled by the courts in the Republic of Cyprus, rather than arbitration.

24.3 Good Faith Negotiations

Prior to undertaking any arbitration proceeding, Users shall employ their best efforts to resolve the Dispute amicably by good faith negotiations.

24.4 Arbitration Proceedings

If the Dispute cannot be resolved amicably within a reasonable delay, the Dispute shall be referred to arbitration. The arbitration proceedings shall be presided by one (1) arbitrator, unless the nature of the Dispute requires otherwise. The arbitration award shall be confirmed in writing.

The arbitrator may award damages and relief, similarly to a court of law. The arbitration award shall be final, and unless otherwise specified, not subject to appeal.

Nothing in these Terms of Service shall be interpreted as preventing the Company from seeking relief before a court of competent jurisdiction to protect its interests.

24.5 Waivers

All arbitration proceedings introduced in connection with Disputes shall be individual and not class arbitration. Accordingly, Disputes shall be brought in the User’s individual capacity, and not as part of a class action or another User’s Dispute. A User may not enter into any class action or consolidate claims with other Users of the Platform. Each User further waives its right to a jury trial.

25. ASSIGNMENT AND WAIVERS

The Company may assign all or part of its rights and obligations hereunder to any third party. Users may not assign all or part of their rights and obligations, except with the Company’s prior written consent.

No waiver of any of the provisions of these Terms of Service shall be deemed to constitute a waiver of any other provision.

26. NOTICES

Any notice, consent or other communication required by these Terms of Service shall be provided in writing and delivered using any delivery method with proof of receipt to the Company’s headquarters or by way of email.

MSS MENTRA SERVICES & SOLUTIONS LTD

Georgiou Karaiskaki 11-13

Carisa Salonica, Office 102

7560 Pervolia, Larnaca

Republic of Cyprus

27. SEVERABILITY

If any provision of these Terms of Service is held to be invalid, unlawful or unenforceable by law or a court of law, the provision shall be severed from these Terms of Service. The remaining provisions shall remain unaffected and in full force and effect.

28. ENTIRE AGREEMENT

These Terms of Service, together with any policies named herein, shall constitute the full agreement between Users and the Company with respect to the subject matter hereof. These Terms of Service shall supersede all prior negotiations and agreements between Users and the Company regarding the subject matter hereof.

29. QUESTIONS AND COMMENTS

For any additional assistance, questions inquiries or comments, please contact the Company by phone (XXX) or email ([email protected]).

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