AGREE TO OUR LEGAL TERMS

We are TOTSTAR INVEST SRL, doing business as TOTSTAR INVEST (“Company”, “we”, “us”, or “our”), a company registered in Moldova at Drumul Viilor 38, Chisinau MD-2021.

We operate the website http://tot-capital.md (the "Site"), as well as any other related products and services that reference or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by phone at +37360000048, email at info@tot-capital.md, or by mail at Drumul Viilor 38, Chisinau MD-2021, Moldova.

These Legal Terms constitute a legally binding agreement between you, either personally or on behalf of an entity (“you”) and TOTSTAR INVEST SRL, regarding your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST STOP USING THE SERVICES IMMEDIATELY.

Additional terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will notify you of any changes by updating the “Last Updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay current with updates. You will be subject to and will be deemed to have acknowledged and accepted the changes to any revised Legal Terms by your continued use of the Services after the date of posting of such revised Legal Terms.

The Services are intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

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1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER STATEMENTS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN POLICY
8. PROHIBITED ACTIVITIES
9. USER-GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. REVIEW GUIDE
12. SOCIAL MEDIA
13. THIRD PARTY SITES AND CONTENT
14. ADVERTISEMENTS
15. SERVICE MANAGEMENT
16. PRIVACY POLICY
17. DURATION AND TERMINATION
18. MODIFICATIONS AND INTERRUPTIONS
19. APPLICABLE LAW
20. DISPUTE RESOLUTION
21. CORRECTIONS
22. DISCLAIMER
23. LIMITATIONS OF LIABILITY
24. COMPENSATION
25. USER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SENDS
27. MISCELLANEOUS
28. CONTACT US

1. OUR SERVICES

Information provided when using the Services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement in such jurisdiction or country. Accordingly, those individuals who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website design, audio, video, text, photographs and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks and logos contained therein (the “Marks”).

Our content and trademarks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided on or through the Services “AS IS” for your personal, non-commercial or internal business use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

– access the Services; and
– download or print a copy of any part of the content to which you have properly obtained access.

solely for personal, non-commercial use or internal business purposes.

Except as provided in this section or elsewhere in our Legal Terms, no part of the Services 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 without our express prior written permission.

If you wish to use the Services, Content or Marks in any way other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@tot-capital.md. If we ever grant you permission to post, reproduce or publicly display any portion of our Services or Content, you must identify us as the owner or licensor of the Services, Content or Marks and ensure that any copyright or proprietary notice appears or is visible when you post, reproduce or display our Content.

We reserve all rights not expressly granted to you in and to the Services, Content and Marks.

Any violation of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will immediately cease.

Your contributions and contributions

Please carefully review this section and the “PROHIBITED ACTIVITIES” section before using our Services to understand (a) the rights you grant us and (b) the obligations you have when posting or uploading any content through the Services.

Submissions: By sending us any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”) directly, you agree to assign to us all intellectual property rights in such Submission. You agree that we will own such Submission and that we have the right to use and disseminate it without restriction for any legal, commercial or other purpose, without acknowledgment or compensation to you.

Contributions: The Services may invite you to discuss, contribute to, or participate in blogs, online forums, and other features during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including, but not limited to, text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other materials (“Contributions”). Any Submission that is posted publicly will also be treated as a Contribution.

You understand that Contributions may be viewed by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including the use of your name, trademarks and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid-up, worldwide license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, extract (in whole or in part); and to exploit your Contributions (including, without limitation, your image, name and voice) for any purpose, commercial, advertising or otherwise, to prepare derivative works of or incorporate into other works, your Contributions and to sublicense the licenses granted in this section. Our use and distribution may take place in any media format and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images that you provide.

You are responsible for what you post or upload: by sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by connecting your account through the Services to any of your social media accounts, you:

– you confirm that you have read and agree to our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload or transmit through the Services any Submission nor post any Contribution that is unlawful, harassing, hateful, harmful, defamatory, obscene, harassing, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, misleading or deceptive;
– to the extent permitted by applicable law, you waive any moral rights in any submission and/or Contribution;
– warrant that any such Submissions and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the rights set forth above in connection with your Submissions and/or Contributions; and
– warrants and represents that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses we may incur due to your violation of (a) this section, (b) the intellectual property rights of any third party, or (c) applicable law.

We may remove or edit your Content: While we have no obligation to monitor any Contributions, we will have the right to remove or edit any Contributions at any time, without notice, if, in our reasonable opinion, we believe that such Contributions are harmful or violate the law. Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

3. USER STATEMENTS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and will promptly update such registration information as necessary; (3) you have legal capacity and agree to be bound by these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any unlawful or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services (or any part thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all uses of your account and password. We reserve the right to remove, reclaim, or modify a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications and details of the products available on the Services. However, we do not warrant that the colors, features, specifications and details of the products will be accurate, complete, reliable, current or free from other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue any product at any time for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

– Visa
– Mastercard
– American Express
– Discover
– PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services. In addition, you agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as necessary. Sales tax will be added to the price of your purchases as we deem appropriate. We may change prices at any time. All payments will be in euros.

You agree to pay all fees at the then-current prices for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon order placement. If your order is subject to recurring fees, then you agree that we may charge your payment method on a recurring basis without requiring your prior approval for each recurring fee, until you cancel the applicable order. We reserve the right to correct any errors or pricing mistakes, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. RETURN POLICY

All sales are final and no refunds will be issued.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavor, except those that are specifically supported or approved by us.

As a user of the Services, you agree not to:

– Systematically extract data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
– Defraud, deceive or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
– Circumvent, disable or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Services and/or the Content contained therein.
– Disparages, tarnishes or otherwise harms, in our opinion, us and/or the Services.
– Use any information obtained from the Services to harass, abuse or harm another person.
– Misuse our support services or submit false reports of abuse or misconduct.
– Use the Services in a manner inconsistent with any applicable laws or regulations.
– Engage in unauthorized framing or logging into the Services.
– Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other materials, including excessive use of capitalization and spam (the continuous posting of repetitive text), that interfere with any party's uninterrupted use and enjoyment of the Services or modify, damage, disrupt, alter or interfere with the use, features, functions, operation or maintenance of the Services.
– Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining and extraction tools, robots or other similar tools.
– Delete any copyright or other proprietary rights notices from any Content.
– Try to impersonate another user or person or use another user's username.
– Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
– interferes with, disrupts or creates an undue burden on the Services or networks or services connected to the Services.
– Harass, annoy, intimidate or threaten any of our employees or agents involved in providing you with any part of the Services.
– Attempt to circumvent any measures of the Services designed to prevent or restrict access to the Services or any part of the Services.
– Copy or adapt the Services software, including, but not limited to, Flash, PHP, HTML, JavaScript or other code.
– Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any software that comprises or in any way constitutes a part of the Services.
– Except as may be the result of standard use of a search engine or internet browser, use, launch, develop or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Services; or use or launch any script or other unauthorized software.
– Use a purchasing agent or purchasing agent to make purchases on the Services.
– Make any unauthorized use of the Services, including collecting user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
– Use the Services as part of any effort to compete with us or otherwise use the Services and/or Content for any revenue-generating effort or commercial enterprise.

9. USER-GENERATED CONTRIBUTIONS

The Services may invite you to discuss, contribute to, or participate in blogs, online forums, and other features and may provide you with the ability to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other materials (collectively, “Contributions”). Contributions may be viewed by other users of the Services and through third-party websites. As such, any Contributions you submit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that:

– The creation, distribution, transmission, public display or performance, as well as accessing, downloading or copying your Contributions do not and will not infringe the proprietary rights, including, but not limited to, copyright, patent, trademark, trade secret, or moral rights of any third party.
– You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and authorize us, the Services and other users of the Services to use your Contributions in any manner provided for by the Services and these Legal Terms.
– You have the written consent, release and/or permission of each identifiable individual in your Contributions to use the name or likeness of each identifiable individual to enable the inclusion and use of your Contributions in any manner provided for by the Services and these Legal Terms.
– Your contributions are not false, inaccurate or misleading.
– Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass email, or other forms of solicitation.
– Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous or in any other way objectionable (as determined by us).
– Your contributions do not ridicule, mock, denigrate, intimidate, or abuse anyone.
– Your contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against any particular person or class of persons.
– Your contributions do not violate any applicable law, rule or regulation.
– Your Contributions do not violate the privacy or publicity rights of any third party.
– Your contributions do not violate any applicable child pornography laws, nor are they intended to protect the health or welfare of minors.
– Your contributions do not include offensive comments that are related to race, national origin, gender, sexual preference, or physical disability.
– Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the above violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions accessible on the Services by connecting your account on the Services to any of your social media accounts, you automatically grant and represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid-up, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, extract (in whole or in part) and distribute such Contributions (including, without limitation, your likeness and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions and to grant and authorize sublicenses of the foregoing. above. Use and distribution may occur in any media format and through any media channels.

This license shall apply to any form, medium, or technology now known or later developed and includes our use of your name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and business likenesses that you provide. You waive all moral rights in your Contributions and warrant that moral rights have not been otherwise asserted in your Contributions.

We do not claim any ownership of your Contributions. You retain full ownership of all of your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to hold us harmless from and against any legal action against us with respect to your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

11. REVIEW GUIDE

We may provide areas on the Services for you to leave reviews or ratings. When posting a review, you must adhere to the following criteria: (1) you must have direct experience with the person/entity being reviewed; (2) your reviews must not contain offensive profanity or abusive, racist, offensive or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) your reviews must not contain references to illegal activities; (5) you should not be affiliated with competitors if you post negative reviews; (6) you must not draw any conclusions about the legality of the conduct; (7) you may not post false or misleading statements; and (8) you may not run a campaign to encourage others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to review reviews or delete reviews, even if someone finds the reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We are not responsible for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, assignable, and sublicensable right and license to reproduce, modify, translate, transmit in any medium, display, perform, and/or distribute all content related to the review.

12. SOCIAL MEDIA

As part of the functionality of the Services, you may connect your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as permitted by the applicable terms and conditions governing your use of each Third-Party Account. You represent and warrant that you have the right to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without your breach of any of the terms and conditions governing your use of the applicable Third-Party Account and without requiring us to pay any fees or to comply with any usage limitations imposed by the Third-Party Service Provider of the Third-Party Account. By granting us access to any Third Party Accounts, you understand that (1) we may access, make available and store (if applicable) any content that you have provided and stored in your Third Party Account ("Social Network Content"), so that it is available on and through the Services through your account, including, without limitation, any friend lists, and (2) we may send and receive from your Third Party Account additional information to the extent that you are notified when you connect your account with the Third Party Account. Depending on the Third Party Accounts you choose and the privacy settings you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Services. Please note that if a third-party account or associated service becomes unavailable or our access to such third-party account is terminated by the third-party service provider, Social Media Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Media Content for any purpose, including, but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Media Content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contact list stored on your mobile device or tablet solely for the purpose of identifying and notifying those contacts who have registered and used the Services. . You may disable the connection between the Services and your third-party account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such third-party account, except for the username and profile picture that become associated with your account.

13. THIRD PARTY SITES AND CONTENT

The Services may contain (or you may be sent through the Site) links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, images, design, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such third party websites and Third Party Content are not investigated, monitored or checked for accuracy, suitability or completeness by us and we are not responsible for any third party website accessed through the Services or any Third Party Content posted on, available through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in any Third Party Websites or Third Party Content. The inclusion of, linking to, or permitting the use or installation of any third-party websites or any Third-Party Content does not imply our approval or endorsement of them. If you decide to leave the Services and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk and you should be aware that these Legal Terms no longer govern. You should review the applicable terms and policies, including the privacy and data collection practices, of any website you navigate to from the Services or that relates to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we assume no responsibility or liability in connection with such purchases, which are solely between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you will hold us harmless for any harm caused by your purchase of such products or services. In addition, you will hold us harmless for any loss suffered by you or damage caused by you in connection with or arising in any way from any third-party Content or any contact with third-party websites.

14. ADVERTISEMENTS

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar ads or banner ads. We simply provide the space to place such advertisements and have no other relationship with the advertisers.

15. SERVICE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against any person who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit availability of, or disable (to the extent technologically possible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, remove from the Services or otherwise disable any files and content that are excessively large or in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper operation of the Services.

16. PRIVACY POLICY

We care about your privacy and data security. Please see our Privacy Policy: http://tot-capital.md/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in Germany. If you access the Services from any other region of the world with laws or other requirements governing the collection, use, or disclosure of personal data that differ from the laws applicable in Germany, then by continuing to use the Services, you are transferring your data to Germany. and you expressly consent to your data being transferred to and processed in Germany.

17. DURATION AND TERMINATION

These Legal Terms will remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TERMINATE ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATIONS, WARRANTIES OR COVENANTS CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION. TO THE SERVICES OR TO TERMINATE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, AT OUR DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a false or assumed name, or the name of any third party, even if you are acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive relief.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or remove the content of the Services at any time or for any reason, in our sole discretion, without notice. However, we have no obligation to update any information about our Services. We also reserve the right to modify or discontinue all or any part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Services at any time or for any reason, without notice. You agree that we have no liability for any loss, damage or inconvenience caused by your inability to access or use the Services during any period of interruption or discontinuance of the Services. Nothing in these Legal Terms shall be construed as obliging us to maintain and support the Services or to provide any corrections, updates or releases in connection therewith.

19. APPLICABLE LAW

These Legal Terms shall be governed by and construed in accordance with the laws of the Republic of Moldova. TOTSTAR INVEST SRL and you irrevocably agree that the courts of Moldova shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these Legal Terms.

20. DISPUTE RESOLUTION

Informal negotiations

To expedite the resolution and control the cost of any dispute, controversy or claim relating to these Legal Terms (each a “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 for those Disputes expressly provided for below) informally for at least sixty (60) days prior to initiating arbitration. Such informal negotiations shall commence upon written notice by one party to the other party.

Binding arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question as to their existence, validity or termination, shall be finally referred to and settled by the Court of International Commercial Arbitration of the European Chamber of Arbitration (Belgium, Brussels, Avenue Louise. , 146) in accordance with the Rules of this ICAC, which, by virtue of the reference thereto, is deemed to be a part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, or arbitration shall be Chisinau, Moldova. The language of the proceedings shall be Romanian. The law governing these Legal Terms shall be the substantive law of the Republic of Moldova.

limitation

The parties agree that any arbitration will be limited to the Dispute between the parties individually. To the extent permitted by law, (a) no arbitration will be combined with any other proceeding; (b) there is no right or authority to have any Dispute arbitrated on a class basis or to utilize class action procedures; and (c) there is no right or authority to have any Dispute brought in a representative capacity on behalf of the general public or any other person.

Exceptions to informal negotiations and arbitration

The parties agree that the following Disputes are not subject to the above provisions regarding binding informal arbitration negotiations: (a) any Disputes seeking to enforce or protect or concerning the validity of any of a party’s intellectual property rights; (b) any Dispute relating to, or arising out of, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute arising under that portion of this provision found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction from among the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

21. CORRECTIONS

There may be information on the Services 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 information on the Services at any time without prior notice.

22. DISCLAIMER

THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY, ERRORS, ERRORS, CONTACTS AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO THE SERVICES. AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR ANY OTHER ERRORS THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY ADVERTISING WEBSITE OR MOBILE APPLICATION AND ARE NOT A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIA OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE NECESSARY.

23. LIMITATIONS OF LIABILITY

WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST PROFITS, LOST REVENUE. OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SERVICES. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OR FORM OF ACTION SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US IN A PERIOD OF ONE (1) MONTH. THE PERIOD PRECEDING ANY CAUSE OF ACTION. SOME STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE STATEMENTS OR LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

24. COMPENSATION

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and expenses, made by any third party as a result of or arising from: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of any third party rights, including, but not limited to, intellectual property rights; or (6) any act of gross injuria against any other user of the Services with whom you have connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding that is the subject of such indemnification upon our becoming aware of it.

25. USER DATA

We will retain certain data that you submit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform routine regular backups of your data, you are solely responsible for all data that you submit or that relates to any activity you undertake using the Services. You agree that we will have no liability to you for the loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SENDS

Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, by email, and through the Services, satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS WITH TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any right or requirement under any statute, regulation, rule, ordinance, or other law of any jurisdiction that requires an original signature or the delivery or retention of non-electronic records or for payments or the granting of credits by any other means. than electronic means.

27. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on or with respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms will not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We will not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be illegal, void or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us by virtue of their wording. You hereby waive any defense you may have based on the electronic form of these Legal Terms and the lack of signatures by the parties present to execute these Legal Terms.

28. CONTACT US

To resolve a complaint regarding the Services or to receive additional information regarding the use of the Services, please contact us at:

TOTSTAR INVEST SRL
38, Drumul Viilor st.
Chisinau, MD-2021, Moldova
Phone: +37360000048

info@totcapital.md

Last updated March 14, 2023