User Agreement

Last updated: 17.05.2024

Please read this document carefully before using the services of the mobile application and web portal "Primax Digital OÜ" (hereinafter referred to as the "Service"). By using our Services, you agree to the terms of this agreement. This Agreement between the company "Primax Digital OÜ" (Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 7-636, 10117, Estonia), acting as the Provider of the Service, and you (the User) determines the terms of use of the services of the mobile application and web portal "Primax Digital OÜ" (hereinafter referred to as the "Service").

1. General Provisions

1.1. This Agreement is a public offer that has binding legal force for all users of our Service. By using our Service, you automatically accept all the terms of this Agreement.

1.2. By using the Service, you enter into a binding legal Agreement with us, which defines your rights and obligations regarding the use of our Service. This Agreement includes the terms of this document, as well as our Privacy Policy and Cookie Policy. You agree to comply with all these conditions to use our Services. If you do not want or cannot comply with this Agreement, please do not use the Service.

1.3. This Agreement also applies to the web portal "Primax Digital OÜ," located at https://primax.digital/. This web portal fully replicates all the services provided by our main site. This means that all the terms of this Agreement apply to users who use any of these platforms.

2. Key Terms

2.1. Offer - this offer, containing, in accordance with the Civil Code of the Republic of Estonia, all the essential terms of a public offer agreement, expressing the Provider's will to enter into such an agreement under the conditions specified in the offer with any legal or physical person who responds. The Offer also refers to the Agreement itself.

2.2. Agreement - an agreement containing the essential and other terms of the service provision agreement for informational interaction, which is deemed concluded at the moment the Provider receives the Acceptance.

2.3. Acceptance - the response of any legal or physical person to the full and unconditional acceptance of the Offer by performing actions in accordance with this Offer.

2.4. Service Provider - Primax Digital OÜ - a legal entity registered in accordance with the legislation of the Republic of Estonia (Registration Number - 16528565), which is the owner and holder of exclusive rights to the Service.

2.5. User - any legal or physical person who has shown interest in the Service and has accepted the Agreement and the Offer under the terms. A physical person who is a representative of a legal entity that has shown interest in the Service and accepted the Offer is considered an authorized representative, regardless of the fact of a request for confirming documents (power of attorney and others) from the Provider.

2.6. User Agreement - an agreement between the Provider and the User regarding the granting of the right to use the Service.

2.7. Parties - the Provider and the User.

2.8. Tariffs - established sets of the cost of the Provider's services, posted in the User's personal account on the platform available at www.primax.digital on the Internet.

2.9. Commission - the condition accepted by the User regarding the retention of 0.5% of the payment for the use of the Service during a certain period according to the Tariffs as a commission.

2.10. Payment Systems - a service for transferring money or other means that replace them (checks, certificates, conditional payment units, or specialized securities) in electronic form. The payment system is chosen at the discretion of the Provider.

2.11. Service - an advertising platform located at https://primax.digital/, aimed at offering an unlimited number of persons the use of the Service in accordance with its Purpose.

2.12. Purpose of the Service - the use of the Service by the User for creating advertising campaigns using the resources provided by the Service on platforms such as TikTok, Facebook Ads, Google Ads, Twitter Ads, Bing Ads, Viber, SMS.

2.13. Account - a record containing a set of information provided by the User during Registration and used to work in accordance with the Purpose of the Service.

2.14. Deposit - funds available in the User's Account that can be used to pay for the Service in accordance with the Purpose of the Service.

2.15. Registration - the procedure during which the User fills out a form on the Service, creates a password, and creates an Account.

2.16. User Registration Data - data voluntarily specified or uploaded by the User during Registration and further use of the Service.

2.17. Personal Data - any information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, surname, patronymic (if available), identification number, individual taxpayer number, bank details, year, month, date, and place of birth, address, email address, telephone number, which can be identified as an identifier.

2.18. All other terms and definitions encountered in the text of the Offer are interpreted by the Parties in accordance with the legislation of the Republic of Estonia, current recommendations (RFC) of international standardization bodies in the Internet network, and generally accepted rules for interpreting relevant terms in the Internet network.

2.19. Terms and definitions can be used in both singular and plural depending on the context, and the writing of terms can be used with capital letters.

2.20. The titles of headings (sections), as well as the structure of the Offer, are intended solely for the convenience of using its text and do not have literal legal significance.

3. Effect of the Agreement

 3.1. Acceptance and Terms: It is considered that the User accepts the rules of this Agreement by performing all the following actions: Review and agree to the Terms of this User Agreement, posted at and the Privacy Policy. Agreement means that the User fully and unconditionally agrees with all the terms of the agreement as stated. The User understands that agreement means entering into the Agreement on the terms specified in this Agreement.

3.2. Term of the Agreement: According to the terms of this Agreement, its effect is limited to the period of use of the Service determined by the Tariffs and the User's will to use the services of the Service.

3.3. Unrestricted Agreement: Agreement to the rules defined by this Agreement confirms that any conditions of the Agreement are accepted by the User fully and completely without any exceptions or limitations. Agreement to the terms of the Agreement confirms that the User understands all the terms of the Agreement, that the User has exercised the right to obtain any explanations from the Provider regarding the terms of the Agreement, and also confirms that the terms of the Agreement fully meet the will, needs, and requirements of the User.

3.4. Effect of the Agreement: The Agreement comes into force from the moment of its conclusion and acceptance by the User and is concluded for an indefinite period. The beginning of the use of the Service by the User means acceptance of the terms of the Agreement. In the event that the User ceases to pay for the services of the Service, the Agreement is considered terminated from the date of non-receipt of the corresponding payment from the User.

3.5. Impossibility of fulfilling individual terms: In the event that any provision of the Agreement proves to be literally unenforceable and cannot be applied to the legal relations of the parties, it is interpreted within the framework of the legislation of the Republic of Estonia taking into account the initial interests of the parties, while the rest of the terms of the Agreement continue to operate in full.

4. Functionality of the Service

4.1. To use the Service, registration is required. Without registration, the User will not have access to the functionality of the Service. By registering, the User agrees to the transfer of their personal data and the use of their personal data in the manner provided by this Agreement and the Privacy Policy. From the moment of registration on the Site, the User consents to and agrees to the processing by the Service Provider of the User's personal data provided by them during registration (collection, registration, accumulation, storage, adaptation, modification, updating, use, and distribution, implementation, transfer, anonymization, destruction) in order to ensure the possibility of using the Service, as well as for the purpose of informational servicing of the User.

4.2. To gain access to the Service, the User must log in (enter Login and Password), make a payment in the manner provided for in clause 4.4 of this Agreement, and confirm that they are a real person.

4.3. To gain access to the Service, the User must be at least 18 years old or have reached the age of majority as established in the territory/or country of their citizenship.

4.4. The Service provides the ability to top up the User's account (deposit funds) to pay for the services of the Service in the following ways:

• Use of cryptocurrency transactions;
• Transactions using bank cards;
• Payment by invoice.

5. Usage Procedure

5.1. To become a User, one must complete the registration procedure on the Site, agreeing to provide accurate, complete, and current information. Users must not mislead the Service Provider or other Users about their identity and must not post personal information of third parties. The Service Provider reserves the right to cancel, suspend, or terminate access if false information is detected or request additional documents for verification.

5.2. Actions taken on the Service after registration are considered the User's actions, who is responsible for maintaining the confidentiality of their account.

5.3. Users are fully responsible for actions taken by any third party to whom they transfer their Login and Password.

5.4. To use the Service, Users must deposit funds or pay a subscription as per the Tariffs available under https://primax.digital/tariffs. Users must confirm their identity by uploading scanned copies of identification documents.

5.5. Users may use the Service independently or with the help of advertising agencies or third parties who will manage campaigns on their behalf, bearing full responsibility for their actions.

5.6. Users are responsible for the improper use of the Service and the actions of third parties engaged by the User as per clauses 5.2 and 5.5.

5.7. The information in advertising campaigns must comply with Google Ads and TikTok Ads policies. The Service Provider checks the campaign information against these policies.

5.8. Statistical data of advertising campaigns may be displayed with a delay of up to 72 hours.

5.9. The Service Provider does not control the actual use of the Service functionality by the User.

5.10. Users can stop using the Service at any time by notifying the Service Provider. The account will be closed, and remaining funds will be refunded within 30 working days.

5.11. The Service guarantees 24/7 availability except in cases of force majeure or uncontrollable technical failures.

5.12. Users are prohibited from posting or distributing information that violates Estonian laws, contains spam, is illegal or offensive, violates third-party rights, or promotes hatred or discrimination. The Company can review and delete any non-compliant private messages.

6. Payment Procedure

6.1. Users agree to pay for the Service's services, including all applicable taxes, fees, or duties.

6.2. Users are responsible for paying all advertising transactions and amounts invoiced or spent on their account.

6.3. All calculations are based on the Service data available in the User's Account.

6.4. Fees for using the Service and other expenses are charged through the selected payment method.

6.5. Users can use the Service tools if there are sufficient funds in their account balance or if services are already paid for.

6.6. Users can deposit funds using methods provided in clause 4.4 of the Agreement.

6.7. Users can update payment methods on the "Account" page. The Service Provider may also update payment methods using information from payment service providers.

6.8. A 0.5% to 0,7% commission is withheld when depositing funds into the User's account balance. This amount is non-refundable.

6.9. Funds for using paid tools will be debited from the User's account balance based on the statistics in their personal cabinet in Primax Digital.

6.10. Users can opt-out and close their account at any time, but funds for already paid services will not be refunded.

6.11. Users can withdraw funds from the balance only after closing the account.

6.12. Refunds are made based on the User's request to technical support or through the specified email or personal manager.

6.13. Refunds, except for the commission and already provided services, are processed within 14 working days after account closure and request submission. Refunds are made to the original payment method.

6.14. Refunds for the Service's commission and provided services are not made.

7. Rights and Obligations of the Service Provider

7.1. The Service Provider ensures the User's ability to use the Service as per this Agreement.

7.2. The Service Provider can modify or delete any information on the Service and suspend, restrict, or terminate access at any time for any reason.

7.3. The Service Provider can change the terms of the Agreement, including payment procedures and rates. Changes are published on the Website and/or in an informational newsletter. Continued use of the Service signifies consent to the changes.

7.4. The Service Provider can place advertisements and other information in any section of the Service without User consent.

7.5. The Service Provider can unilaterally suspend, restrict, or terminate access to the Service without liability for any harm caused.

7.6. The Service Provider can send messages to Users containing organizational, technical, informational, or other details about the Service.

7.7. The Service Provider undertakes not to use the User's account information for purposes not covered by this Agreement, guaranteeing non-disclosure except as required by Estonian law or requested by Google, TikTok, or SMS providers.

7.8. The Service Provider offers consultation through chat and/or email, which may be chargeable.

7.9. The Service Provider can moderate the User's advertising campaigns.

8. Rights and Obligations of the User

8.1. Users must comply with the Agreement terms and pay for services as stipulated.

8.2. Users must stay informed about Service terms and costs. Continued use after amendments is considered acceptance of changes. Users bear the risks of non-compliance.

8.3. Users can contact technical support with their login or contact details.

8.4. Users must use the Service lawfully and comply with Estonian and international laws.

8.5. Users must not perform actions that affect the Service's normal operation or constitute unfair use.

8.6. Users must not attempt unauthorized access to others' profiles.

8.7. Users confirm they are fully capable by agreeing to this Agreement.

8.8. Users guarantee they have the rights to materials used in advertisements.

8.9. Users must not post announcements or offers that violate laws, contain spam, are offensive, or violate third-party rights.

8.10. The Service Provider is not responsible for the content of User advertising campaigns.

8.11. Users have other rights and obligations as per the Agreement and Estonian law.

9. Liability and Limitation of Liability

9.1. The Service Provider is not liable for errors, omissions, interruptions, data processing delays, or unauthorized access resulting in limited User access.

9.2. The Service Provider is not responsible for meeting User expectations, uninterrupted operation, or preservation of login and password due to technical failures.

9.3. In case of User violations, the Service Provider may restrict or permanently block access.

9.4. The Service Provider is not liable for force majeure circumstances affecting access to the Service.

9.5. The Service Provider is not liable for direct or indirect damages related to the use or inability to use the Service.

9.6. The Service Provider is not responsible for damage to User devices caused by using the Service.

9.7. The Service Provider is not liable for the quality of User advertising campaigns, services, reputation, warranty fulfillment, or legal compliance.

9.8. Users must settle third-party claims related to their use of the Service, compensating the Service Provider for any losses.

9.9. The Service Provider does not control the quality or timing of User services advertised through the Service. Users are responsible for their own services.

9.10. The Service Provider can delete or block User information based on legal orders, rights violations, or non-compliance with the Agreement.

10. Intellectual Property

10.1. All intellectual property on the Service belongs to the rightful owners and is protected by Estonian and international laws. Unauthorized use of these elements is illegal and subject to legal action.

11. Dispute Resolution Procedure

11.1. Disputes should be resolved through negotiations with pre-trial procedures. Claims are considered if made in writing within three months of Service provision.

11.2. Unresolved disputes are settled in Estonian courts at the Service Provider's location.

11.3. Disputes between Users and third parties related to services advertised through the Service are resolved independently without involving the Service Provider.

12. Applicable Law

12.1. The use of the Service is governed by the laws of the Republic of Estonia.

12.2. In the event that the User and the Service Provider are located in different countries, the applicable national law is determined in accordance with international agreements concluded between these countries.

13. Data Processing and Information Policy

The processing of personal data and transmitted information is determined separately by the Privacy Policy.

14. Cookie Files

14.1. Cookie files are small files stored on the User's device while browsing the Service (e.g., viewed pages, date and time of access, etc.), which may be accessed when the User revisits the same Service (hereinafter referred to as "Cookie Files"). The Service Provider strives to ensure the comfort of Users and endeavors to analyze the behavior, preferences, and interests of Users through cookie files. Such analysis helps improve the interaction experience with the Service, identify the most convenient interface, and navigate the Service.

14.2. Cookie files can be permanent (referred to as persistent cookie files) and stored on the computer until the User deletes them, or temporary (such cookie files are called session cookies) and stored only until the browser is closed. Additionally, cookie files are divided into primary (those set directly by the visited Service) and third-party (those set by other websites).

14.3. Important:

1) Upon the User's revisit to the Service, cookie file data is refreshed.

2) In most cases, web browsers allow for the automatic storage of cookie files on the User's device by default.

3) Disabling cookie files may restrict access to published materials and/or impair the full functionality of the Service.

14.4. If the User does not enable the use of cookie files or intentionally deletes all cookie files from their web browser, the User will be prompted to enable and use cookie files upon subsequent visits to the Service.

14.5. Information about Users obtained through cookie files is not sold or disclosed to the public and is the property of the Service Provider, who owns the resource.

15. Procedure for Making Changes and Additions to the Agreement

15.1. Changes and/or additions to this Agreement are made unilaterally at the discretion of the Service Provider. The effective date of changes and/or additions to this Agreement is the date of publication of such changes and/or additions on the Service, unless otherwise specified by the Service Provider.

15.2. In the event of disagreement by the User with the changes and/or additions made to this Agreement, the User has the right to terminate this Agreement by notifying the Service Provider of the User's refusal to continue using the Service, as well as of the disagreement with the changes and/or additions, or of non-adherence to the new version of the agreement or refusal to comply with its terms.

15.3. The Parties agree that silence (the absence of written notifications of the termination of the Agreement or disagreement with certain provisions of the Agreement, including changes in tariffs), as well as continued use of the Service, shall be deemed as consent and adherence to the new version of the Agreement, including the version of the Agreement with the changes and/or additions made.

16. Final Provisions

16.1. This Agreement and the relationship between the Service Provider and the User are governed by the laws of the Republic of Estonia. Matters not regulated by the Agreement are subject to resolution in accordance with the laws of the Republic of Estonia.

16.2. If for any reason any of the terms of this Agreement are deemed invalid, this does not affect the validity or applicability of the other terms of the Agreement.

16.3. This Agreement with respect to each User enters into force from the moment the User performs one of the earliest actions specified in clauses 3.1., 3.4., 4.1. of this Agreement and is valid until the User ceases to use the Service.