Terms of Use

Published: September 29, 2026

Effective: October 13, 2026

These Terms of Use (hereinafter – Agreement) to use the “Keitaro” software product is made and entered into by and between Apliteni OÜ and YOU

BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED ONLINE AS PART OF THE ORDERING PROCESS, REGISTRATION PROCESS, OR SIGNING AN ORDER CONFIRMATION THAT REFERS TO THIS AGREEMENT, OR
BY REGISTERING (ON), OR USING OUR WEBSITE, WEB-BASED APPLICATIONS AND PRODUCTS, CUSTOMER SUPPORT,
YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THE AGREEMENT GOVERNING YOUR USE OF “KEITARO” SOFTWARE PRODUCTS AND SERVICES.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “THE USER” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE “I DECLINE” BUTTON AND NOT SIGN THE ORDER CONFIRMATION, AND YOU MAY NOT USE THE “KEITARO” SOFTWARE PRODUCT AND ASSOCIATED SUPPORT OPTIONS.

Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

1. Introduction

1.a Terms of Use. These Terms of Use (hereinafter - Agreement) to use the "Keitaro" software product are made and entered into by and between Apliteni OÜ and You.

1.b What is Keitaro. Keitaro is a self-hosted software solution licensed by Apliteni OÜ to business users for the technical tracking, analysis, and routing of online advertising traffic. The software enables users to collect and analyse performance data, configure traffic distribution rules, and integrate with third-party advertising platforms and services. Keitaro does not provide advertising services, hosting, traffic acquisition, or content moderation, and operates solely as the supplier of a technical tool deployed and controlled by the user.

1.c Binding nature of Agreement. By clicking the "I ACCEPT" button displayed online as part of the ordering process, registration process, or signing an order confirmation that refers to this Agreement, or by registering (on), or using our website, web-based applications and products (software) or customer support, you agree to the following Agreement governing your use of "Keitaro" software products and services.

2. Definitions

2.a "Account" means the part of the Website the User may have access to using username and password after the registration process.

2.b "Aggregated Data" means data, statistics, metrics, or analytical information derived from the User's use of the Program, which has been combined and aggregated across multiple users in a manner that does not identify any specific User, end user, or natural person, and cannot reasonably be used to re-identify any individual. Aggregated Data does not include Operational Telemetry, raw event data, logs, or data sets that can be directly attributed to a specific User.

2.c "Operational Telemetry" means pseudonymized technical data automatically transmitted by the Program to the Company's infrastructure in connection with the User's installation, activation, and ongoing use of the Program, including but not limited to: installation identifiers (machine_id), IP addresses of the User's server infrastructure, license key activation and validation signals, domain names configured within the User's instance, and technical metadata relating to the User's installation configuration, including the names the User assigns to campaigns, offers and flows. Operational Telemetry is linked to the User's specific installation and, to the extent it relates to or can reasonably be attributed to a natural person, may constitute pseudonymized personal data within the meaning of Article 4(5) of Regulation (EU) 2016/679 (GDPR). Where the User is a legal entity, certain elements of Operational Telemetry (such as the IP address of a company server) may not constitute personal data. It is processed by the Company for the purposes and on the legal bases set out in Section 9 (User Data, Aggregated Data and Operational Telemetry) of this Agreement.

2.d "Company" means Apliteni OÜ, registry code: 14296961, registered address: Tornimäe tn 3 // 5 // 7, 10145 Tallinn, Estonia.

2.e "Content" means any materials, publications, blog content, graphics, pictures, parts and designs of the Website, text, documents, customer support messages, Q&As, guidelines, playbooks, scripts, data and information, both available on the Website and within the Account.

2.f "Program" means the proprietary software product branded as "Keitaro", including its executable code, object code, updates, upgrades, patches, documentation, application programming interfaces (APIs), and related materials, licensed to the User for self-hosting and operation on infrastructure controlled by the User or third-party providers. The Program is provided solely as a technical software tool that enables the User to track, analyse, and route online traffic and related data as configured and controlled by the User. For the avoidance of doubt, the Program does not include hosting services, advertising services, traffic acquisition, campaign management, data verification, content moderation, or any other managed or outcome-based services.

2.g "User" means the business entity that has entered into this Agreement with the Company and to which the Company has issued a License Key. Any individual who accesses or uses the Program, communicates with Support, or provides information or access credentials in connection with the Program shall be deemed an authorised representative of the User, and all such actions shall be attributed to the User.

2.h "License" means the right to use the Program to the extent permitted by this agreement.

2.i "License Key" means a unique alphanumeric code or digital credential issued by the Company to the User that enables activation, authentication, and use of the Program in accordance with the applicable License, service plan, and this Agreement.

2.j "Website" means the Company's website https://keitaro.io/.

3. General Terms

3.a Authority to enter into Agreement. Each party represents and warrants that it has the legal power and authority to enter into this Agreement. If You are entering into this agreement on behalf of a company or other legal entity, you represent that You have the authority to bind such entity to these terms and conditions, in which case the terms "You" or "the User" shall refer to such entity. If You do not have such authority, or if You do not agree with this Agreement, You must select the "I DECLINE" button and not sign the order confirmation, and you may not use the "Keitaro" software product and associated services. The User represents and warrants that they are at least 18 years of age and have full legal capacity.

3.b No SLA. Unless expressly agreed otherwise in writing, the Company does not provide any service level agreement, uptime commitment, or availability guarantee in respect of the Program. The User acknowledges that the Program operates on infrastructure controlled by the User or controlled by a third party chosen by the User, and that performance and availability depend on factors outside the Company's control.

3.c Changes to the Program and the Agreement. The Company may modify, update or adjust the scope of the Program, the Account and the underlying technical infrastructure to reflect the continued development of the Program and technological advances. The Company may also amend this Agreement from time to time by providing the User with reasonable prior notice. Any such amendments shall apply prospectively only. If the User does not agree to the amended terms, the User may terminate the Agreement before the amendments take effect.

3.d Estonian law applies. The agreement is governed by the law of Estonia, with a competent court in Tallinn, Estonia. Pre-trial dispute resolution procedure (by negotiating claims within 1 month from the date of its receipt) is mandatory.

3.e Partial invalidity. Should any provision of this Agreement be invalid or unenforceable, then the remainder of this agreement shall remain valid and in force.

3.f No assignment. The User may not assign or transfer this Agreement, in whole or in part, or any rights or obligations under this Agreement, without the prior written consent of the Company. Any attempted assignment in violation of this clause shall be void. The Company may assign this Agreement as part of a merger, sale of assets, or corporate reorganization upon written notice to the User.

3.g No consumers. Natural persons are most welcome to use the Program, but they should be aware that they do so in the course of their business and are not considered to be consumers in this regard. The User may only be a legal person or a natural person acting in the course of its trade, business or profession and is not a consumer within the meaning of § 2(1)1) of the Estonian Consumer Protection Act or Article 2 of Directive 2011/83/EU. The Program is not intended for, and may not be used by, consumers.

3.h Entire Agreement. This Agreement constitutes the entire agreement between the Parties regarding the Program and supersedes all prior or contemporaneous agreements or understandings. In the event of a conflict between this Agreement and any other document, this Agreement shall prevail unless expressly stated otherwise.

3.i No support for legacy software. The Company reserves the right, at its sole discretion, to discontinue the support, updates, and maintenance of any specific version or build of the Program at any time. In such case, the Company shall provide the User with a minimum of thirty (30) calendar days' prior written notice before such discontinuance. Following such notice period, the User shall have the option to upgrade to the current, officially supported version as designated by the Company. The User's continued use of an unsupported version following such notice period shall constitute the User's acceptance of the "as is" conditions applicable to that version. Following such notice, the Company shall not be liable for errors, vulnerabilities, or data loss arising from the continued use of an outdated or unsupported version, except to the extent liability cannot be excluded under applicable mandatory law.

3.j Supported versions. The Company publishes on its website the versions and builds of the Program that it currently supports and the minimum supported version, together with the end date of the support period for each supported version. The Company may change that designation in accordance with clause 3.i. Upgrading to a supported version is included in the License and the Company charges no separate fee for it. The User remains responsible for its own operating environment, including any operating system, runtime, server, third-party integration or migration costs required to run a supported version.

3.k Notices. The Company may give any notice under this Agreement by electronic mail to the address registered in the User's Account, by a message displayed in the Account, or by any other reasonable electronic means. The Company may treat the email address registered in the Account as correct until the User notifies the Company of a new address, and the User shall keep that address current. Where this Agreement requires a notice to be given in writing, a notice given in accordance with this clause satisfies that requirement. A notice sent to the email address registered in the Account and not returned as undeliverable shall be deemed to have been received on the day on which it was sent.

4. License to Use the Program

4.a Non-exclusive License. Subject to the terms and conditions of this Agreement, the Company grants the User a non-exclusive, non-transferable, non-sublicensable license to use the Program for its declared purpose throughout the User's business activities and software or web products, by accessing the Program's features using the License Key.

4.b Hosting by the User. The Program is deployed, hosted and operated exclusively within the User's infrastructure or within infrastructure provided by a third party selected by the User, in accordance with the Company's deployment guidelines.

4.c License start date. The License is granted to the User as of the day the License Key is provided.

4.d License term. The License is granted for the paid period. The trial period may be granted explicitly by the Company at its sole discretion.

4.e Mandatory Account creation. Creating an Account is mandatory for obtaining the License.

4.f Number of Users. The License permits access to the Program only for the number of end users specified in the applicable order, invoice or order confirmation. Any access or use exceeding that number is unauthorised and constitutes a material breach of this Agreement.

4.g Limited sharing. The Program cannot be shared or used by more than one individual unless (and solely to the extent that) the License allows for sharing within the internal organization of the User.

4.h Rights reserved. All rights not expressly granted to the User are reserved by the Company and its licensors.

4.i No effect on a paid period. Nothing in this Agreement entitles the Company to suspend or terminate a License, or to refuse the issue or validation of a License Key, during a paid period for which the License fee has been paid, solely on the ground that the User operates a version of the Program that is not supported, except where clause 4.k applies. The Company's rights under clauses 5.d, 6.b, 10.h and under Section 15 are unaffected.

4.j Operational Telemetry must not be blocked. The User shall not block, filter, falsify, tamper with or otherwise circumvent the transmission of Operational Telemetry as described in clause 9.d, or the validation of the License Key. Deliberate blocking, falsification or circumvention is a material breach of this Agreement. Where transmission fails for ordinary technical reasons, the Company shall notify the User and allow a period of not less than seven (7) and not more than fourteen (14) calendar days to restore it before treating the failure as a breach.

4.k Use of a supported version. Where the applicable order or checkout expressly states that the License is granted for use on a supported version of the Program, the User shall operate only a version designated as supported under clause 3.j, and the Company may decline to validate a License Key used on a version that is not supported. Before treating use of an unsupported version as a breach, the Company shall give notice and a period of not less than seven (7) and not more than fourteen (14) calendar days to upgrade, except where the User deliberately circumvents clause 4.j. Where the Company ceases to support the version the User is operating and no supported version is available to the User, the User may terminate this Agreement and receive a pro-rata refund of the prepaid period.

5. Account Security And Management

5.a Responsibility for Use. The User is responsible for all activity occurring under their Account and shall abide by all applicable local, state, national and foreign laws and regulations in connection with the use of the Program and Account, including those related to data privacy and international communications.

5.b No unauthorized use. Any actions performed using the Account are considered to be performed by the User. The User shall notify the Company immediately of any unauthorized use of any password or Account or any other known or suspected breach of security.

5.c No Account sharing. Sharing of the Account is strictly prohibited. Credentials may not be shared by more than one individual and may not be transferred between individuals.

5.d Risk-Based Refusal, Suspension and Termination. Without limiting Section 15, the Company may refuse access to the Program, suspend or restrict performance, block or reject payments, block the Account or any License Key, or terminate this Agreement without prior notice where the Company reasonably suspects fraud, a scam, financial crime, sanctions or export-control circumvention, false identity, impersonation, unauthorised payment activity, other unlawful or deceptive conduct, or any legal, regulatory, security, financial or material reputational risk. The Company may also take such action where continued performance would or may result in a breach of applicable sanctions, restrictive measures, export controls or other mandatory law.

6. User Vetting

6.a Verification and Security Screening. Access to the Program is subject to successful completion of the Company's security procedures. The Company reserves the right to employ any technical, manual, or automated methods (including anti-fraud screening, OSINT, metadata analysis, and anti-bot challenges) to prevent fraudulent, automated, or otherwise undesirable registrations based on the Company's internal security criteria.

6.b Additional Verification. The Company may, at its sole discretion or based on a reasonable suspicion of a violation of this Agreement or a risk described in Section 15, require the User to undergo additional verification procedures, including KYC/KYB, Due Diligence or enhanced due diligence. Pending or instead of such verification or investigation, the Company may immediately suspend, restrict, block or terminate the User's access to the Program, Account and any associated License Keys without prior notice. The Company is not obliged to conduct any verification, review, remediation or reinstatement procedure unless required by applicable mandatory law.

6.c Source of Funds. The Company reserves the right to request documentation verifying the User's source of funds, and the ultimate beneficial ownership of the tracked ad campaigns where the Company has reasonable grounds to suspect non-compliance with applicable EU restrictive measures, including but not limited to Article 12g of Council Regulation (EU) No 833/2014, or upon request by competent authorities.

6.d Export control. The User shall comply with all applicable export control laws and regulations, including those of Estonia, the European Union and the United States, and shall not use, export, re-export, or transfer the Program in violation of such laws.

6.e Verification procedure and deadlines. Where the Company requires verification under clause 6.b or 6.c, it shall state in its request what information is required and the period for providing it, which shall be not less than seven (7) calendar days from the date the request is given in accordance with clause 3.k. The Company may extend that period once, by a further seven (7) calendar days, upon a reasoned request made before it expires. If the requested information is not provided in full within the applicable period, the Company may suspend access to the Program, the Account and any associated License Key until it is provided, and may terminate this Agreement if verification is not completed within fourteen (14) calendar days of the original request. Where an extension has been granted, suspension takes effect at the end of the extended period and termination takes effect upon expiry of the then-current paid period. Failure to complete verification is an independent ground for suspension and termination and does not constitute a finding that the User has breached this Agreement. While a verification is open, the Company may suspend the renewal of any License and reject or hold any payment. Nothing in this clause limits the Company's right to act immediately under clauses 5.d, 6.b, 10.h or Section 15 where sanctions, credible fraud or an imminent legal, security or reputational risk are involved. Verification measures shall be proportionate to the risk identified.

6.f Effect of verification on fees. Where a suspension under clause 6.e is lifted because verification has been completed and no breach is established, the Company may extend the paid period by the number of days of suspension; no such extension is due where the suspension resulted from the User's failure to provide the requested information within the applicable period. Where this Agreement is terminated because verification was not completed, License fees already paid are non-refundable. Where the User has cooperated with the verification and the Company nonetheless elects to terminate for reasons not attributable to the User, clause 15.j applies.

7. Acceptable Use Policy (AUP)

7.a AUP and forbidden practises. The User shall not:

publish, transmit, or distribute any defamatory, misleading, infringing, or unlawful content;
spread disinformation, misinformation, or engage in deceptive practices intended to mislead others;
defame, abuse, harass, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
collect, store, or transmit personal information about individuals in violation of applicable privacy laws;
send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs;
interfere with or disrupt the integrity or performance of the Website, Account, or the Program, or the data contained therein;
attempt to gain unauthorized access to the Program, Account, or its related systems or networks;
take any action that imposes an unreasonably or disproportionately large load on the Company's infrastructure;
copy, rent, lease, lend, sell, license, sublicense, distribute, otherwise transfer, provide access or disclose to the others, the Content, the Program and the License Key (and their copies), or embed the Program as a "iframe" or "frame" from within another application;
access the Account and the Program for purposes of monitoring its availability, performance or functionality, or for any benchmarking or other competitive purposes; or
reverse engineer, decompile, disassemble, modify, create derivative works of, adopt, optimize, change or amend the object or source code of the Program, its parts, unless otherwise agreed in writing by the Company, or permitted in the Program's official documentation issued by the Company.

7.b Intended use. The Program shall be used for the purposes, as declared in the Program documentation or as follows from the context of the features of the Program.

7.c No illicit use. It is strictly prohibited to use the Program, the Account and the Content for any illegal, unlawful activities, or activities that violate Company's or third party's rights, as well as for maintaining, supporting or accompanying such activities or any (software) products that violate applicable laws, the Company's or third party's rights, including, but not limited to:

to impersonate media outlets, journalists, or other entities, or create or use fake websites, social media profiles, or other digital entities to mimic or impersonate legitimate sources of information;
to engage in political activities that violate applicable laws or regulations, including but not limited to manipulating elections, spreading political propaganda, or engaging in activities that undermine democratic processes; or
to engage in activities that infringe on the intellectual property rights of others, including but not limited to copyright, trademark, and patent rights.

7.d Report of piracy. The User shall report to the Company immediately and use best efforts to stop any unauthorized copying or distribution of the Program and the Content that becomes known or suspected by the User.

7.e Software is not BI, ERP or CRM. The License does not allow use of the Program as any category of software restricted under applicable EU sanctions (including but not limited to Council Regulation (EU) No 833/2014 as amended), such as Business Intelligence (BI), ERP, or CRM systems. The User agrees that any use of the Program exceeding its declared purpose as an advertising tracker is strictly prohibited and constitutes a material breach of this Agreement.

7.f No ban on use. The User represents and warrants that they are not a person or entity barred from using the Program under the laws of the European Union, Estonia, or other applicable jurisdictions. This includes, but is not limited to:

appearing on any sanctions lists (specifically Annex I to Council Regulation (EU) No 269/2014);
being located in or a resident of any sanctioned territory subject to comprehensive EU restrictive measures;
using financial instruments or services issued by or through entities on such Sanctions Lists.

7.g Fraud and false information. Providing false identity information, including a misleading country of residence, billing address or business details, or using third-party payment details without authorisation, constitutes a material breach of this Agreement.

7.h Prohibited Financial Crime and Deceptive Conduct. The User shall not use, facilitate, permit or make available the Program, Account, License Key or any related service, directly or indirectly, in connection with: fraud, attempted fraud, scams, deceptive schemes, misappropriation, theft or other dishonest conduct; money laundering, terrorist financing, proliferation financing or the concealment, conversion, transfer or use of criminal proceeds; evasion, avoidance or circumvention of sanctions, restrictive measures, export controls or other applicable legal restrictions; impersonation, false or misleading identity, fabricated or stolen identity information, unauthorised payment instruments, or nominee or proxy arrangements intended to conceal the true user, payer, beneficiary, owner or controller; activity involving unlawfully obtained funds, credentials, personal data, advertising accounts, domains or other property; or any other unlawful activity or conduct that may expose the Company, its affiliates, personnel, payment providers, infrastructure or other users to legal, regulatory, financial, security or material reputational risk. Any conduct described in this Section constitutes a material breach of this Agreement.

7.i Circumvention by multiple accounts. Creating or using more than one Account, or procuring another person to create or hold an Account, in order to bypass a limitation, restriction, suspension, block or termination applied by the Company, constitutes a material breach of this Agreement.

8. Support Services

8.a Support where available. The Company may, at its discretion, provide technical support services related to the use of the Program ("Support"). Support is limited to reasonable efforts to assist the User with issues directly related to the functionality of the Program as made available by the Company and does not include consulting, development, customisation, system administration, data recovery, security auditing, or third-party software support, unless expressly agreed otherwise in writing.

8.b No Support Service Level Guarantee. The Company does not guarantee any specific response times, resolution times, availability, continuity or success of Support. Any timelines, estimates or indications provided by the Company in connection with Support are indicative only and shall not constitute binding service levels or contractual guarantees.

8.c Working Hours. Unless expressly agreed otherwise in writing, the Company shall provide Support through such channels and during such hours as the Company may determine from time to time in its sole discretion. The Company does not warrant or guarantee the availability of Support at any particular time or through any particular channel.

8.d User Cooperation and Access. The User shall provide all information, materials, access credentials and cooperation reasonably required for the provision of Support. If the User grants the Company access to the User's systems, servers, accounts or data (including via remote access, credentials or API keys), such access is provided at the User's sole risk and responsibility. The User remains solely responsible for its own systems, infrastructure, configurations, data, backups and security at all times.

8.e Responsibility for User Systems and Data. The Company shall not be responsible for any damage, data loss, security incident, downtime, misconfiguration or third-party claim arising from or related to: the User's systems or environment; incorrect, incomplete or misleading information provided by the User; or access granted by the User to the Company for Support purposes.

8.f Support Provided "As Is". Support is provided on an "as is" and "as available" basis. The Company does not warrant that Support will resolve any specific issue, prevent future issues, or ensure uninterrupted or error-free operation of the Program or the User's systems.

8.g Exclusion of Professional Advice. Any information or assistance provided by the Company in the course of Support is of a technical nature only and shall not be construed as legal, financial, compliance, security or business advice. The User remains solely responsible for assessing the suitability and consequences of any actions taken based on Support.

8.h Suspension or Refusal of Support. The Company may suspend, limit or refuse Support, in whole or in part, if: the User is in breach of this Agreement; provision of Support would pose a security, legal or compliance risk; the issue arises from unauthorised modifications, third-party software or environments not supported by the Company; or required cooperation or access is not provided by the User.

8.i Use of Information Disclosed to Support. Any information, materials, access credentials, logs, data or explanations disclosed by the User to the Company in the course of Support may be used by the Company for the purposes of providing Support, ensuring compliance with this Agreement, investigating suspected breaches, enforcing contractual rights and protecting the integrity of the Program.

8.j Evidence and Reliance. The User acknowledges and agrees that any information or access provided to the Company in the context of Support may be relied upon by the Company as evidence of compliance or non-compliance with this Agreement. The User waives any objection to the use of such information for audit, investigation, enforcement or dispute resolution purposes.

8.k Access Credentials and Internal Audit. Where the User provides access credentials, tokens, keys or other means of access to the Company for Support purposes, the User expressly authorises the Company to use such access for internal audit, security, compliance and breach-investigation purposes. Such access may be exercised by the Company's authorised personnel, including internal audit and security teams.

8.l Investigation and Monitoring. If the Company reasonably suspects a breach of this Agreement, misuse of the Program or a violation of applicable law, the Company may investigate such suspected breach using information lawfully available to it, including through access provided by the User for Support purposes.

8.m Recording and Documentation. The Company may document, log, record and retain information relating to Support interactions, system access, findings and misuse of the Program for evidentiary, security, compliance and legal purposes. Such records may be used in internal proceedings and in external enforcement or dispute resolution.

8.n No Expectation of Confidentiality in Support Disclosures. The User acknowledges that information disclosed to the Company in the context of Support is not provided under any expectation of confidentiality beyond the Company's general confidentiality obligations under this Agreement.

9. User Data, Aggregated Data and Operational Telemetry

9.a User data. The Company does not own any keyword data, information, performance data, or ad campaigns used by the User.

9.b Use of Aggregated Data. The User grants the Company a worldwide, royalty-free, non-exclusive right to use, reproduce, and transmit Aggregated Data for internal analytics, statistical analysis, product improvement, security, compliance, and business purposes. Aggregated Data is compiled in a manner that does not identify the User or any natural person. To the extent that any element of Aggregated Data may constitute personal data within the meaning of applicable data protection law, it shall be processed in accordance with the Company's Privacy Notice.

9.c Use of statistical data. The Company reserves the right to compile, analyse, and disclose to third parties Aggregated Data derived from the use of the Program.

9.d Operational Telemetry. In connection with the User's installation, activation, and use of the Program, the Company automatically collects Operational Telemetry from the User's instance. Operational Telemetry is limited to technical data relating to the Program's installation and operation; it does not include creative assets, traffic data, targeting parameters or any end-user data processed by the Program. It does include the configuration metadata described in clause 2.c, namely the names the User assigns to campaigns, offers and flows. The Company processes Operational Telemetry for the following purposes and on the following legal bases under Article 6(1) of Regulation (EU) 2016/679 (GDPR):

(a) License verification and activation (Article 6(1)(b) — performance of contract): to authenticate the License Key, prevent unauthorized use, and ensure the Program operates in accordance with the applicable service plan;

(b) Security, fraud prevention, and abuse detection (Article 6(1)(f) — legitimate interests): to detect fraudulent registrations, unauthorized access, policy violations, and to maintain the integrity and security of the Program and its infrastructure. The Company's legitimate interest consists in protecting the Program and its user base from misuse, fraud, and unauthorized activity;

(c) Sanctions and regulatory compliance (Article 6(1)(c) — compliance with legal obligation): to perform screening against applicable sanctions lists and to fulfil obligations under EU and Estonian law, including Council Regulation (EU) No 833/2014 and the Estonian International Sanctions Act (RSanS).

Operational Telemetry is pseudonymized and linked to the User's specific installation. It may be correlated with data from other installations for the purposes of detecting policy violations and sanctions circumvention. Operational Telemetry is retained for no longer than 2 years from the date of collection. Where data relates to a suspected policy violation, fraud investigation, sanctions matter, or other legitimate enforcement proceeding, the retention period may be extended to no longer than 3 years from the date of collection, or for such longer period as may be required by applicable law. Further information about the processing of Operational Telemetry, including data subject rights, is available in the Company's Privacy Notice at https://keitaro.io/en/privacy-policy-eu .

9.e Disclosure of data. The Company reserves the right to comply with governmental, court, and law enforcement legitimate requests, which may include disclosing User's data to applicable authorities.

9.f No liability for Aggregated Data. The Company shall not be responsible or liable for the deletion, destruction, damage, loss, or failure to store any Aggregated Data or Operational Telemetry, regardless of the cause, including but not limited to technical failures, infrastructure changes, or termination of the Agreement.

10. Fees and Payment

10.a Recurring license fee. The User pays the Company the recurring license fee (royalties) for the granted License. Payments shall be made in advance on a periodic basis. The amount of license fee depends on the payment recurring term, numbers of features of the Program and end-users of such features.

10.b Determination of Fee. Payment recurring term and amounts of fee, as well as the method and procedure for payment, are specified on Company's website. Different terms may apply when the User is subject to marketing campaigns, customer loyalty programs, and other similar events by the Company or its partners.

10.c Card payments. In the case the User pays for the License with their bank or credit card, the User agrees to the following:

the User authorizes the Company, through the designated payment service provider, to charge the User's bank or credit card on a periodic basis the amount of license fee until the License is terminated or the payments is stopped by the User;
payments, including online payments and recurring payments, are processed through the designated payment service provider, and are subject to the terms of service of the designated payment service provider, rules of international payment systems and bank that issued the User's bank or credit card;
the Company does not store the User's bank and credit card information. All payment information is securely stored and processed by dedicated payment services provider;
the User ensures that the bank or credit card is legally used by the User, payment information provided is accurate and up to date, and must promptly update such payment information if any changes occurred;
the User has the right to cancel the recurring payment at any time by providing notice through the Company's or payment service provider's designated cancellation method, which will be processed without undue delay. Cancellation will take effect at the end of the current billing cycle, unless otherwise specified in payment terms on the Website.

10.d Payment Method Verification and Storage. To protect against fraud and enable recurring or future payments, the User may be required to verify and save a payment method in their Account. Verification may include a temporary authorization charge of a minimal amount with an immediate refund. By selecting the option "Save my payment method for future use" during checkout, the User explicitly consents to the Company saving their payment method through its payment provider for: manual future payments initiated by the User, automatic subscription renewals (if selected by the User), one-time charges explicitly authorized by the User. The Company does not store full payment card details. Card data are processed and stored by the Company's payment provider, certified under PCI DSS. The User may withdraw consent and remove their saved payment method at any time via the Account settings.

10.e Third party payments. Payments made by or through a third party (any individual or entity other than the registered User) may be subject to additional verification procedures for security, anti-fraud, and tax reporting purposes. The Company reserves the right to suspend the processing of such payments or the issuance of the License Key until the User or the third party provides satisfactory evidence of the legitimacy of the transaction. The Company shall not be liable for any delays in License activation resulting from such verification.

10.f User is responsible for taxes. The User is solely responsible for the payment of all applicable taxes, levies, and duties arising from the purchase of the License. The User agrees to provide the Company with accurate and valid tax identification information (e.g., VAT ID, Tax ID) and any other necessary data required for correct invoicing and compliance with tax laws in both the User's and the Company's jurisdictions. The User shall promptly notify the Company of any changes to their tax status or location. The Company reserves the right to charge and collect applicable taxes (including VAT) based on the information provided by the User.

10.g Sanctions and Fraud Prevention Verification. The Company reserves the right to employ both automated and manual data verification methods to assess transaction risks and support compliance with applicable EU sanctions and restrictive measures, fraud prevention obligations, and other applicable laws and regulations to the extent required by law and applicable to the Company. The User represents and warrants that all payment and identification data provided to the Company is accurate, current, and relevant. The Company may request additional documentation to verify the source of funds or the identity of the payer at any time.

10.h Sanctions, Fraud and Financial Crime Risk. The User shall ensure that its use of the Program and all payments do not cause or expose the Company to a violation of applicable European Union, Estonian or other relevant sanctions, restrictive measures, export controls or financial-crime laws. The User shall not structure, facilitate or otherwise engage in any transaction intended to evade or circumvent such restrictions, or act directly or indirectly as an intermediary, proxy or representative for a restricted person or activity. Where the Company reasonably suspects sanctions exposure, fraud, a scam, financial crime, false identity, unauthorised payment activity or other unlawful or deceptive conduct, the Company may reject, block, hold or refund a transaction; suspend, restrict, block or terminate any License or Account without prior notice; and request information, documentation, KYC/KYB or enhanced due diligence. The Company is not required to complete any verification, remedy, review or reassessment procedure. Any transaction fees, losses or costs arising from such measures shall be borne by the User, except to the extent prohibited by applicable mandatory law.

11. Refund

11.a 14-day refund policy. The Company follows a 14-day refund policy for first-time purchases of the License to use the Program. If for any reason the User is not satisfied with their initial purchase, they may request a refund within 14 days of the purchase date, subject to the following conditions:

For a refund, the User must contact the Company within the 14-day period, providing a reason for dissatisfaction with the Program. Please note, this refund policy does not apply to renewals of Licenses;
The refund, if requested and approved, will be processed within 14 days of receipt of the refund request, assuming the Company has confirmed that the Program has been deactivated as required;
The refund will be for the full purchase price, inclusive of taxes;
The Company reserves the right to deny a refund if there is evidence of misuse, abuse, or non-compliance with this Agreement or applicable laws and regulations;
If the User has used a promotional or limited offer, such as an extra month or extra discount, refunds are not available for these offers;
If the User has saved a payment method for subscription or recurring payments, cancellation of the License or recurring payment shall be deemed as revocation of the User's consent to use the saved payment method for future charges.

11.b Refund Exclusions. The 14-day refund policy does not apply where an Account or License has been suspended, blocked or terminated due to unlawful conduct or a material breach as provided in Section 15.h. The Company may suspend processing of a refund request while verification, investigation or risk assessment under Section 15 is pending.

12. Service Plans and Pricing

12.a Plans may differ. The Program is offered under various service plans, license types, pricing models, and feature sets, as described on the Company's website at https://keitaro.io/en/ and/or the applicable pricing and features pages referenced therein (collectively: "Plans").

12.b Features determined by Plan. The specific features, usage limits, integrations, support scope, and pricing applicable to a User are determined by the Plan selected by the User at the time of purchase, as published on the relevant pricing and features pages.

12.c Plans may change. The Company may unilaterally modify, update, or discontinue Plans, pricing, features, usage limits, or integrations from time to time by updating the applicable pricing or features pages. The changes made by the Company are subject to clause 3.c. Such changes shall apply prospectively and shall not affect fees already paid for the then-current billing period, unless otherwise required by applicable mandatory law.

12.d Renewal conditional on a supported version. The Company may make the renewal or extension of any License conditional on the User operating a version of the Program that is designated by the Company as supported at the time of renewal. The Company shall give the User prior notice of at least thirty (30) days before this condition first applies to that User, and in any event not later than thirty (30) days before the expiry of that User's then-current paid period. The notice shall state the version requirement, the date from which it applies to that User, and that upgrading is included in the License at no additional charge. This condition applies to the grant of a new paid period only.

13. Limitations and Liability

13.a No limitation if not allowed. Nothing in this Agreement shall exclude or limit liability to the extent such exclusion or limitation is prohibited by applicable mandatory law. In particular, liability shall not be limited in cases of wilful misconduct or gross negligence where such limitation is prohibited under applicable law.

13.b As is and as available. The Program is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, the Company makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, or non-infringement. The Company does not warrant that the Program will be uninterrupted, error-free, secure, or compatible with any specific environment, configuration, or third-party software.

13.c No liability for indirect damage. The Company shall not be liable for any indirect, incidental, special, or consequential damages and losses arising out of or related to the use or unavailability of the Program, its features, and data calculated by the program.

13.d Maximum liability is capped. In no event shall the Company's total liability to the User for all damages and losses exceed the amount of the last license payment made by the User preceding the claim.

13.e User indemnification. The User shall indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, and employees from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: the User's use of the Program; any content, data, or materials processed, tracked, or transmitted using the Program; the User's breach of this Agreement or applicable law; or the User's violation of third-party rights, including data protection, intellectual property, or advertising regulations.

14. Intellectual Property Ownership

14.a All IP belongs to Company. The Company (and, where applicable, its licensors) exclusively owns all right, title and interest, including all intellectual property rights, in and to the Program, the Website, the Content and all copies, components and derivatives thereof. All suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the User or any third party relating to the Program, as well as any aggregated or pseudonymized metrics, data and trends compiled by the Company, shall be owned exclusively by the Company. The User acknowledges that no ownership rights are transferred under this Agreement and that the User acquires no rights in the Program or its underlying technology other than the limited licence expressly granted herein.

14.b No transfer of rights. This agreement is not a sale and does not convey to the User any rights of ownership in or related to the Program, Website, Content or the intellectual property rights owned by the Company. The Company's name, logo, and the product and service names associated with the Program, Website, Content are protected and owed by the Company or third parties, and no right or license is granted to use them hereunder.

14.c Third party IP. The Website may include trademarks, service marks or logos of third parties, all of which are the property of their respective owners. In addition, all content published on the Website belongs to the Company and/or its licensors under applicable copyright law.

14.d User must have permission. The User represents and warrants that it has all necessary rights, permissions, and lawful bases to use, process, and track any data, content, or information in connection with the Program. The Company shall have no responsibility for the legality, accuracy, or compliance of any data or content processed by the User through the Program.

15. Termination

15.a User-Initiated and Ordinary Expiry. The License terminates upon expiration of the paid period without further payment, or upon the User's withdrawal from the License in accordance with the applicable cancellation procedure.

15.b Suspension, Blocking and Termination for Risk or Misconduct. The Company may, with immediate effect and without prior notice, suspend, restrict or block access to the Account, Program, Support and any License Key, reject or block a payment, or terminate this Agreement and any or all associated Licenses where the Company reasonably suspects, on the basis of information available to it, that: the User, its representative, beneficial owner, payer, customer, affiliate or any person acting on its behalf has engaged in fraud, attempted fraud, a scam, financial crime, sanctions or export-control circumvention, false identity, impersonation, unauthorised payment activity or other unlawful or deceptive conduct; information provided by or on behalf of the User is false, misleading, incomplete, inconsistent, unverifiable or appears to conceal the true identity, location, ownership, control, source of funds, intended use or beneficiary of the Program; the User has breached or may be attempting to circumvent this Agreement, the Acceptable Use Policy, License restrictions or the Company's security measures; the User's activity presents or may present a legal, regulatory, sanctions, fraud, security, financial or material reputational risk to the Company or any third party; continued access or performance may expose the Company to liability or may be inconsistent with applicable law, a request or expectation of a competent authority, or the requirements of a payment, banking, infrastructure or other material service provider; or suspension, blocking or termination is otherwise reasonably necessary to protect the Company, the Program, its infrastructure, its users or third parties. For the purposes of this Section, the Company is not required to establish that an offence, violation or breach has occurred, to obtain a judgment or decision from a court or authority, or to meet a criminal, administrative or other formal standard of proof. A reasonable suspicion or risk assessment based on the information available to the Company at the relevant time is sufficient.

15.c Preventive and Investigative Action. Any suspension, restriction or blocking under Section 15.b may be imposed as a preventive measure while the Company conducts or considers an internal investigation, verification, KYC/KYB review, enhanced due diligence or other risk assessment. The Company is not obliged to commence or complete any such procedure and may proceed directly to permanent blocking or termination where reasonably justified by the circumstances.

15.d Scope of Action and Contract Indivisibility. Where a risk, suspected violation or confirmed violation is associated with any Account, License Key, payment method, installation, domain, infrastructure or person connected with the User, the Company may apply the suspension, blocking or termination to all Accounts, Licenses, License Keys, installations and services that the Company reasonably considers commercially, technically, operationally or beneficially connected with that User or activity. The Company may prevent the creation or use of replacement or related accounts.

15.e Notice and Disclosure. The Company may give notice of suspension, blocking or termination by email, through the Account or by any other reasonable electronic means. To the maximum extent permitted by applicable law, the Company may delay, limit or withhold notice and may decline to disclose evidence, detection methods, risk indicators, internal policies, investigation materials, communications with authorities or service providers, or detailed reasons for its decision where disclosure could: compromise security, fraud-prevention or sanctions-control measures; facilitate evasion or circumvention; prejudice an investigation or legal proceeding; disclose confidential information or third-party rights; or be contrary to applicable law or a request of a competent authority. Where the Company gives reasons, it may provide only the general category of concern.

15.f No Contractual Right to Cure, Appeal or Reassessment. Unless the Company expressly agrees otherwise in writing or applicable mandatory law requires otherwise, the User has no contractual right: to receive a warning or an opportunity to remedy a suspected or actual breach before suspension, blocking or termination; to an internal appeal, complaint, review, hearing, reassessment, investigation or dispute-resolution procedure concerning such action; to require the Company to consider additional information or evidence; to reinstatement or restoration of any Account, License or License Key; or to receive disclosure of the Company's evidence, criteria, internal policies, investigation methods or detailed reasoning. The Company may, at its sole discretion, invite the User to provide information, undertake remediation, complete due diligence or request reconsideration. Doing so in one or more cases does not create an obligation to offer or conduct such a procedure in any other case, does not waive the Company's rights and does not create any expectation of reinstatement.

15.g Finality of Internal Decision. Any decision made by the Company under this Section is final for the purposes of the Company's internal procedures. Nothing in this Section excludes any right or remedy that cannot lawfully be excluded under applicable mandatory law.

15.h No Refund Following Unlawful Conduct or Material Breach. Where the Company terminates this Agreement or any License because the Company has established, on the balance of probabilities and on the basis of information reasonably available to it, that the User engaged in unlawful conduct or committed a material breach of this Agreement, all License fees and other amounts already paid are non-refundable, including amounts attributable to any unused portion of the current billing period. Such amounts constitute consideration for the License having been made available and reasonable compensation for the Company's provisioning, compliance, investigation, enforcement and associated administrative costs, and are not a penalty. The User remains liable for all fees, costs, losses and other amounts accrued before termination. This provision applies without prejudice to the Company's right to claim additional damages, indemnification or other remedies available under this Agreement or applicable law.

15.i Suspension Based on Unresolved Suspicion. While an investigation, verification or risk assessment remains pending, the Company may withhold any otherwise potentially refundable amount to the extent reasonably necessary to prevent fraud, chargeback abuse, sanctions circumvention or other unlawful payment. A final refusal of refund under Section 15.h shall require the Company's good-faith determination that unlawful conduct or a material breach occurred; suspicion alone is sufficient for suspension but shall not automatically be treated as conclusive proof for permanent forfeiture.

15.j Termination for Convenience. The Company may terminate this Agreement for convenience upon forty-eight (48) hours' written notice. Unless otherwise agreed or permitted by applicable law, termination solely for the Company's convenience, without breach or risk attributable to the User, shall entitle the User to a pro-rata refund of prepaid License fees for the unused period following termination.

15.k Survival. Termination, expiration, suspension or blocking shall not affect accrued rights or any provision intended by its nature to survive, including provisions concerning payment, intellectual property, confidentiality, data protection, evidence, limitation of liability, indemnification, governing law and dispute resolution.

15.l Automated means and human review. The Company may use automated means, including rule-based and model-based detection, to identify risk, to screen accounts and payments and to take decisions under this Section, including suspension, blocking and termination. Where a decision produces legal effects concerning a natural person or similarly significantly affects them and is based solely on automated processing within the meaning of Article 22 of Regulation (EU) 2016/679, that User may obtain human intervention on the part of the Company, express their point of view and contest the decision by writing to the address stated in the Company's Privacy Notice. To that extent this clause prevails over clause 15.f.

16. Confidentiality, data protection and privacy

16.a Confidential for 5 years. Each party agrees to maintain the confidentiality of any proprietary or confidential information disclosed to one another in connection with this agreement during its term and 5 years after.

16.b Privacy Notice. Personal data of Users shall be processed in accordance with Regulation (EU) 2016/679 (GDPR). The User has the right to access, rectify, erase and restrict processing of personal data, the right to data portability, the right to object and the right to lodge a complaint with the Estonian Data Protection Inspectorate. Further information is available in the Privacy Notice — Keitaro Privacy Policy.

17. Third Party Interactions

17.a Products sold by third parties. During use of the Program and Website, the User may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Program and Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between the User and the relevant third party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between the User and any such third party.

17.b No endorsement. The Company does not endorse any sites on the Internet that are linked through the Program and Website. In no event shall the Company or its licensors be responsible for any content, products, or other materials on or available from such sites or other entities.

17.c Features may be dependant. The Company provides the Program and Website pursuant to the terms and conditions of this Agreement. The User recognizes, however, that certain third-party providers of ancillary software, hardware or services may require the User's agreement to additional or different license or other terms prior to the use of or access to such software, hardware or services. Program and Website features that interoperate with the external networks, websites, and programs depend on the continuing availability of such entities, as the case may be, application programming interface (API) and program for use with the Program and Website. If such external entities cease to make their software, programs, and services available, as the case may be, on reasonable terms for the Program and Website, the Company may cease providing such Program and Website features and the User shall have no payment obligations, if such payment was applicable, with respect to such Program and Website features for periods following such cessation.

17.d No intermediary. The Company does not act as an intermediary service provider within the meaning of Regulation (EU) 2022/2065.

18. Force Majeure

18.a No liability for force majeure. Neither Party shall be liable for failure or delay in performance to the extent caused by events beyond its reasonable control, including but not limited to acts of government, sanctions, war, cyber incidents, failures of hosting providers, or interruptions of telecommunications or utilities.