Terms of Service

1. General Provisions and Conclusion of the Agreement

1.1. These terms of service (the "Terms") set out how the Operator provides businesses with the DEK visit booking, calendar and messaging platform, and define the rights, obligations and liability of the Operator and the Customer.

1.2. The agreement between the Operator and the Customer (the "Agreement") consists of these Terms, the Data Processing Agreement (the "DPA"), the Price List and any separate written agreements between the parties (clause 2.21). The Privacy Policy and the Cookie Policy are information notices about the data that the Operator processes as a controller and do not form part of the Agreement.

1.3. The Agreement is concluded on standard terms. Provisions that limit the Operator's liability, impose additional obligations on the Customer or may otherwise be unexpected for the Customer are shown in bold and summarised in the "Key Terms" summary at the beginning of the Terms. In the Account creation form, the Customer expresses its consent to the provisions listed in the "Key Terms" summary and shown in bold in the Terms by means of a separate tick box that is not pre-ticked; without this consent the Account is not created.

1.4. The Agreement is concluded electronically. In the Account creation form, the person enters the details of the Customer and their own details, confirms by means of the tick box referred to in clause 1.3 that they have read and agree to the Terms and the DPA, and clicks the Account creation button. The Agreement is deemed to be concluded upon creation of the Account. The data entered can be reviewed and corrected before clicking.

1.5. The Agreement is concluded in Lithuanian, English, Polish or Russian, according to the language of the Account creation form; clause 34.5 applies to all language versions, and this is stated at the beginning of each language version. The Operator records electronically which person accepted which version of the Terms, when, from which IP address and in which language, and keeps a checksum of the text of that version. The version of the DPA that applies to the Customer is the one published at https://dek.lt/dpa/2.0 on the date the Terms were accepted; the Operator keeps previous versions of the DPA together with their publication dates. The Customer may at any time obtain the accepted version of the Terms and the DPA in accordance with clause 1.6.

1.6. The current version of the Terms is published at https://dek.lt/terms; it can be saved and printed. The Operator keeps previous versions of the Terms and, at the Customer's request, provides free of charge the version that applied to the Customer at a specified time.

1.7. This version of the Terms applies to Customers who conclude the Agreement on or after 2026-09-21, and to Customers who accepted this version of the Terms when creating their Account, from the creation of the Account. For any other Customer whose Account was created earlier, this version of the Terms applies from the time the Owner expressly confirms in the Service that they agree to it, including the provisions listed in the "Key Terms" summary (see also clause 31.6). The Terms have no retroactive effect and do not apply to events that occurred before the confirmation, except where the Customer, by means of a separate tick box, expressly agrees that Sections 25 and 26 also apply to claims relating to earlier events of which the Operator was not aware on the date of confirmation and of which the Customer had not been notified.

1.8. The Operator may refuse to create an Account or to conclude the Agreement if the data provided is manifestly incorrect, there are reasonable grounds to suspect fraud or abuse, the person does not meet the requirements of Section 4, or where required by law.

2. Definitions and Interpretation

2.1. "Operator" means Majevski, MB, which provides the Service; the Operator's details are set out in Section 35.

2.2. "Service" means the DEK platform at https://dek.lt: the web and installable app, Booking Pages, the sending of messages, integrations, the Help Centre and other functions provided by the Operator under the Agreement.

2.3. "Customer" means a legal person, or a natural person carrying on a business or profession, that has concluded the Agreement and uses the Service for its business or professional activity.

2.4. "Account" means the Customer's account in the Service together with its settings, data and logins.

2.5. "User" means a natural person to whom the Customer has given a login to the Account, for example with the Owner, Manager, Reception or Staff role, as those roles are described in the Service. "Owner" means a User with the Owner role, who has all rights to manage the Account, including managing billing.

2.6. "Team Member" means an employee of the Customer or another person whose work schedule and visits are managed in the Service, regardless of whether they have a login.

2.7. "Client" means a person who books the Customer Services or whose data the Customer processes in the Service.

2.8. "Customer Services" means the services that the Customer provides to Clients (for example, a haircut, a treatment, a consultation or an examination), regardless of whether they are booked through the Service.

2.9. "Client Data" means the personal data of Clients and other information about Clients and their visits that the Customer or Users enter, import, synchronise or receive through the Service, including notes, custom field values, consent flags and SMS conversations.

2.10. "Customer Content" means information submitted in the Service by the Customer and Users that is not Client Data: the business name, logo, names, descriptions, prices and durations of services, working hours, addresses, names and photos of Team Members, message templates, campaigns, images and meeting links.

2.11. "Booking Page" means a publicly accessible page of the Customer in the Service on which Clients book visits, together with the related visit management pages.

2.12. "Plan" means a package of the Service to which the functions, limits and price set out in the Price List apply. "Free Plan", "Premium Plan" and "VIP Plan" mean the corresponding Plans set out in the Price List.

2.13. "Price List" means the prices, functions and limits of the Plans published by the Operator at https://dek.lt/en#pricing.

2.14. "Billable Unit" means the greater of the following numbers: the number of Team Members not deleted in the Service who are marked as serving clients (regardless of whether online booking is enabled for them and whether they have a login), or the number of active branches (places of business) of the Customer, but not less than one.

2.15. "SMS Gateway" means the Customer's asms.lt account together with the Customer's Android device and SIM card through which SMS messages are sent and received.

2.16. "Calendar Link" means a private calendar subscription link that the Service creates for a Team Member.

2.17. "DEK Identity" means a Client's personal account in the Service, created when the Client confirms their contact details with a one-time code, through which the Client sees and manages their visits with businesses that use the Service.

2.18. "Reliability Score" means a percentage calculated by the Service showing what share of the sum of a Client's attended visits, no-shows and late changes is made up of attended visits; these events are determined in accordance with clause 17.1. Other cancelled or rescheduled visits and future visits are not included in the score.

2.19. "Help Centre" means the usage instructions, tips and answers to questions published in the Service.

2.20. "Business Day" means a day that is not a rest day or public holiday in the Republic of Lithuania. Other periods referred to in the Terms are counted in calendar days.

2.21. For the purposes of these Terms, emails are also regarded as being in writing, except for agreements that amend or supplement the Terms or the DPA, the limits of the Operator's liability, or the commitments regarding availability of the Service, backups or support. Such agreements are valid only if made as a separate document that is expressly designated as an agreement, specifies the clauses of the Terms being amended and is signed by both parties, including by electronic signature. The Operator's support replies, explanations and promises do not amend the Agreement. Section headings are for convenience only and do not affect the interpretation of the Terms.

2.22. "Exportable Data" means the data listed in clause 30.2.

2.23. "Sub-processor" means another processor engaged by the Operator to process Client Data.

3. Roles of the Parties and Relationship with Clients

3.1. The Operator provides the Customer with a technical tool with which the Customer itself manages visit bookings, the calendar, Client Data and messages. The Operator does not provide the Customer Services, does not decide to whom, when or on what terms they are provided, and does not verify the Customer's activities.

3.2. The contract for the Customer Services is concluded solely between the Customer and the Client. The Operator is not a party to that contract, nor the Customer's representative, intermediary or guarantor, and is not liable for the quality, safety, price or availability of the Customer Services, for the booking, cancellation or no-show rules, or for the performance of the Customer's obligations to Clients.

3.3. Requests, complaints and claims of Clients concerning the Customer Services, visits, messages and Client Data are handled by the Customer. On receiving such a communication, the Operator may forward it to the Customer and direct the Client to contact the Customer.

3.4. The Operator does not accept payments from Clients on behalf of the Customer and does not handle settlements between the Customer and Clients.

3.5. Users use the Service on behalf of the Customer, and the Operator has no contractual obligations to individual Users.

3.6. Clients, Users and other third parties acquire no rights under the Agreement and may not require the Operator to perform it for their benefit.

3.7. The Operator is an independent controller in respect of the identity data of Clients who have created a DEK Identity (see Section 17). This does not change the obligations of the Customer as the controller of its Clients' data.

4. The Service Is for Businesses Only

4.1. The Service is provided to businesses only. By accepting the Terms, the person confirms that the Customer meets the requirements set out in clause 2.3 and that the Service will be used solely for its business or professional activity. The Operator does not conclude the Agreement with consumers, and consumers therefore may not use the Service.

4.2. A person accepting the Terms on behalf of the Customer confirms that they are entitled to represent the Customer and to conclude the Agreement. If the Account is created or a Plan is ordered by an employee of the Customer or by another person using the Customer's name, email domain or payment method, the Operator may assume that such person is acting with authority, and the Customer may not rely on internal limitations of authority against the Operator acting in good faith.

4.3. If it turns out that the person was not entitled to act on behalf of the Customer, that person is liable to the Operator in accordance with the law, and the Operator may suspend the provision of the Service or terminate the Agreement.

4.4. The Customer must provide the Operator with its legal name, country of establishment and legal entity code, or the number of its individual activity certificate or business certificate (a Customer established in another country provides the corresponding registration number), as well as its VAT identification number, if one has been assigned: in the Account creation form, where the form requests these details, or within 14 days of the Operator's request. The Operator may verify these details in public registers and request documents confirming them. If the details are not provided within the specified period or are incorrect, the Operator may refuse to allow a paid Plan to be ordered, restrict the Service or terminate the Agreement under clause 29.4.

4.5. The Customer shall ensure that the Customer and billing details stated in the Account are correct and shall notify any change to them in the Service or to the Operator within 14 days.

4.6. If, notwithstanding clause 4.1, consumer protection rules mandatorily apply to the Agreement, only those provisions of the Terms that conflict with such rules do not apply, and the other provisions remain in force.

4.7. The Service is not provided to persons subject to sanctions of the European Union, the United Nations or the Republic of Lithuania, to persons established or operating in the Russian Federation or the Republic of Belarus, or to persons controlled by them. The Customer confirms that no such restrictions apply to it. The Operator may immediately suspend the provision of the Service or terminate the Agreement if this is necessary to ensure compliance with sanctions.

4.8. The Service is intended for businesses registered or otherwise lawfully operating in the European Economic Area. The Operator may refuse to conclude the Agreement with a business that does not meet this requirement and, if this becomes apparent after the Agreement has been concluded, may terminate the Agreement by giving at least 30 days' notice; in that case the Customer is refunded a proportionate part of the fee for the unused paid period.

5. Account, Users and Access Security

5.1. The Account and its data belong to the Customer and not to the person who created the Account or controls the Owner's email address. Control of the email address alone does not prove a right to the Account.

5.2. The Customer itself grants, changes and revokes the logins and roles of Users. The Customer is responsible for all actions performed in the Account by its Users or by persons who have used their login credentials, including viewing, changing and exporting Client Data, sending messages and marking visit statuses, except where access was obtained as a result of a breach of security on the part of the Operator.

5.3. The Customer shall ensure that Users comply with the Agreement, have access only to the data necessary for their work and are bound to keep Client Data confidential. When a User no longer works for the Customer or their login credentials may have become known to other persons, the Customer shall immediately revoke or change that User's access and, where necessary, renew their Calendar Link.

5.4. Each User uses a separate login. It is prohibited to share login credentials, to transfer or sell the Account, to use one Account for several unrelated businesses, and to state an incorrect number of client-serving Team Members or branches in order to reduce the fee.

5.5. The Customer and Users shall keep login credentials secure, use strong passwords and notify the Operator immediately of any suspected unauthorised access. The Operator is not liable for losses arising from the disclosure of login credentials, a compromised email account, fraud or malware on the devices of the Customer or Users, unless this occurred due to a breach by the Operator.

5.6. In order to protect the Account, Clients or the Service, the Operator may apply proportionate measures: temporarily block logins, require a password change, require additional identity verification or restrict individual functions, informing the Customer of this where possible.

5.7. If a dispute arises over the right to control the Account (for example, between the Customer's shareholders or members, managers, former employees or partners), the Operator does not act as the arbiter of the dispute. It may request documents proving the right to represent the Customer and, until the dispute is resolved, temporarily restrict access to the Account or part of it. The Operator is not liable for actions it has taken in good faith on the basis of the Customer details stated in the Account and the documents provided.

5.8. If the Owner can no longer be reached, the Operator may grant Owner rights to a person who proves by documents their right to represent the Customer.

6. Changes to the Service and New Functions

6.1. The Service is continuously being improved. The Operator may change the interface of the Service, the way functions work, names and technical solutions. A change in the appearance or operation of the Service is not in itself a defect.

6.2. The Customer acquires no right to have any function provided indefinitely. The Operator may merge functions, move them to another Plan or remove them for technical, security, legal or economic reasons, and also where third-party services on which a function depends change or are discontinued.

6.3. The Operator shall give at least 30 days' notice of the removal of an essential function of a paid Plan, or of its transfer to a more expensive Plan, where no equivalent alternative is provided. Before the change takes effect, the Customer may terminate the Agreement and receive a proportionate part of the fee for the unused paid period. If a function must be changed or removed immediately due to legislation, security or a decision of a third party that the Operator cannot control, the Operator shall give notice as soon as possible.

6.4. Functions labelled "beta", "trial" or similar may be unstable, may be changed or removed without prior notice and should not be the sole means of performing important actions. Clause 6.3 does not apply to them.

6.5. The Service currently contains no artificial intelligence functions. The Operator will give advance notice of the introduction of such functions; functions that process Client Data will be enabled only at the Customer's choice, and Client Data will not be used to train artificial intelligence models without the Customer's instruction.

6.6. The content, templates and tips in the Help Centre are for information only, do not constitute legal, tax or other professional advice and do not amend the Agreement.

6.7. The demo account, which is accessible without creating an Account, is intended solely for getting to know the Service. Data entered in it is visible to other visitors and is deleted regularly, so entering real personal data in it is prohibited. The demo account is provided without any commitments on the part of the Operator.

7. Maintenance, Infrastructure and Related Services

7.1. The Operator may carry out scheduled and urgent maintenance, during which the Service or part of it may be temporarily unavailable. The Operator endeavours to give advance notice of scheduled work that may disrupt the Service for a longer time; urgent security or bug-fixing work is carried out without prior notice.

7.2. Updates to the Service may require the app or browser window to be reloaded. Automated processes (reminders, synchronisation, visit status updates, receipt of messages) run periodically, so their results may appear with a delay.

7.3. To provide the Service, the Operator uses third-party infrastructure: the services of providers of hosting, email relay, payments, domains, connectivity, and public holiday and name day data. The Operator may change these providers; the procedure for changing Sub-processors is set out in clause 21.7.

7.4. The Service also interacts with services that the Customer chooses and uses under separate agreements, for example the SMS Gateway, the Customer's mobile network operator, Google, Apple or Microsoft calendars, meeting platforms and review collection services, as well as with recipients' email service providers. These services are governed by the terms of their providers, under which their providers are responsible for their operation, changes or discontinuation; the Operator is not liable for these under this Agreement (see also clause 7.8).

7.5. The Operator is not liable for disruptions of the Service caused by failures of the infrastructure of the third parties referred to in clause 7.3 that are beyond the Operator's control, provided that the Operator selected and used such provider with due care, could not reasonably have avoided the disruption and took reasonable measures to mitigate its consequences. This provision does not apply in the event of intent or gross negligence on the part of the Operator and does not limit the rights of the Customer set out in Section 24.

7.6. The Operator is not liable for the operation of, or changes to, the devices, operating systems, browsers and internet connections of the Customer, Users and Clients.

7.7. The Service database, files uploaded by the Customer and their backups are stored on servers in the European Union. The hosting provider, the country in which the servers are located and the other Sub-processors are listed in the DPA.

7.8. The SMS gateway service asms.lt, the email sending system 1e.lt, the threat database M Blacklist (black.majevski.com) and the analytics system nda.lt are operated by the Operator itself, and the review service revlink.lt is operated by the Operator or persons related to it. 1e.lt, M Blacklist and nda.lt are deemed to be part of the Service: clause 7.5 does not apply to them, and the Operator is liable for them as for the Service under these Terms, including clause 17.6 and Section 25. The Customer uses the asms.lt service under a separate agreement with the Operator as the provider of that service, and the revlink.lt service under a separate agreement with its provider; these Terms, including clauses 7.4, 14.6, 15.5 and 25.2, do not limit liability under those agreements. At the Customer's request made by email to pagalba@majevski.com, the Operator states the provider of the revlink.lt service and its details. The exceptions set out in clauses 7.4, 14.6, 15.5 and 24.6 and in point 4 of clause 25.2 do not apply to disruptions of asms.lt caused by the actions of the Operator as the provider of that service or by software controlled by it: the Operator is liable for such disruptions under these Terms within the limits set out in Section 25, and any amount already paid as compensation for the same loss under another agreement shall be deducted. The same applies to disruptions of revlink.lt where that service is provided by the Operator itself.

8. Plans and the Free Plan

8.1. The functions, limits and prices of the Plans are set out in the Price List. The Customer selects and changes its Plan in the Service in accordance with Section 9.

8.2. The Free Plan is provided for an indefinite period, without a trial period and free of charge, for as long as the Operator offers it; clause 8.3 applies to it.

8.3. The Operator may withdraw the Free Plan or reduce its functions or limits by giving at least 90 days' notice. In that case the Customer may move to a paid Plan, obtain its data in accordance with Section 30 or terminate the Agreement.

8.4. Plan limits (for example, on the number of branches, client-serving Team Members, Clients or campaigns) are enforced by technical means. Once a limit is reached, the relevant actions are not allowed until the Customer changes its Plan or reduces its usage. On the Free Plan, once the Client limit is reached, bookings by new Clients on the Booking Page are rejected, while existing Clients may continue to book visits. The Operator is not liable for bookings lost as a result.

8.5. Under no Plan does the Operator undertake to provide support within any particular time (clauses 8.6 and 24.2), and emails sent to Clients under the Free Plan display the DEK mark with a link to the Service website, without promotional offers. The Booking Pages under all Plans display a "Powered by DEK" link, which may be used for a referral programme (clause 8.7).

8.6. Requests to the Operator's support from a Customer on the VIP Plan are handled on Business Days ahead of requests from Customers on other Plans and, as between themselves, in the order in which they are received. No response time or time for resolving a problem is guaranteed, and no service credit is granted on account of the time taken to handle a request (clause 24.2). Team training and custom integrations are provided on a reasonable efforts basis, and their scope, timing and price are agreed in a separate agreement in the form referred to in clause 2.21.

8.7. The Operator may, at its discretion, grant discounts, discount codes, a free period on a paid Plan or referral programme benefits. Such benefits have no monetary value, cannot be exchanged for cash, are non-transferable, may be subject to their own terms of use and do not confer a right to the same benefits in the future.

9. Prices, Payments and VAT

9.1. The fee for a paid Plan is charged for each Billable Unit per month according to the Price List in force at the time of ordering, unless the price has been changed in accordance with clause 9.6.

9.2. Payments are made through the payment service provider Stripe. Payment card details are processed by Stripe; the Operator neither receives nor stores them. Stripe's terms may also apply to payments.

9.3. A paid Plan subscription is paid in advance for each month and renews automatically for the following month until the Customer cancels it. The fee is charged at the beginning of each billing period.

9.4. The number of Billable Units is determined automatically on the basis of the non-deleted Team Members marked as serving clients and the active branches entered by the Customer in the Service. When ordering a paid Plan or moving to another paid Plan, the Customer may itself choose a higher number of units; the fee is then charged for the chosen number until the Customer saves or deletes a Team Member or branch in the Service, and from then on again for the actual number of Billable Units. When the Customer adds such a Team Member or branch, the fee increases from the date of the change, and when they are removed, the fee decreases; the difference for the remainder of the billing period is recalculated pro rata and included in the invoice for the next period.

9.5. A move to another paid Plan takes effect immediately, and the price difference for the remainder of the billing period is recalculated pro rata and included in the invoice for the next period as an additional charge or a credit. A move to the Free Plan takes effect at the end of the paid period. Before moving to a cheaper Plan, the Customer shall itself assess which functions will no longer be available to it.

9.6. The Operator may change the Price List. For existing Customers, a new price applies from the first billing period beginning at least 30 days after notice of the change. If the Customer does not agree to the new price, it may cancel the subscription before the new price takes effect.

9.7. Payment documents are provided electronically: they are sent by email or made available in the billing portal. The Customer shall pay an invoice issued by the Operator (for example, under a separate agreement) within 14 days of its issue, unless the invoice states otherwise.

9.8. Prices are stated in euros. For as long as the Operator is not registered for VAT, no VAT is added to the price stated in the Price List and that price is final. If the Operator is or becomes registered for VAT, or VAT becomes payable on another legal ground, VAT applies in accordance with the law: it is added to the price stated in the Price List, unless the Price List states that the price includes VAT, or, where the reverse charge applies, it is accounted for by the Customer. The Operator's VAT identification number, if assigned, is stated on invoices. If the final price payable by the Customer increases as a result of the Operator's registration for VAT or a change in legislation after the Agreement has been concluded, clause 9.6 applies.

9.9. The Customer is responsible for the validity of its payment method and for ensuring that sufficient funds are available on it on the payment date.

10. Non-payment, Move to the Free Plan and Refunds

10.1. If a payment fails, the Operator informs the Owner by email, and the functions of the paid Plan are retained for 7 days from the failed payment so that the Customer can update its payment method. During this period Stripe may attempt to charge the fee again.

10.2. If the fee is not paid within the period referred to in clause 10.1, or the paid period expires after the subscription has been cancelled, the Account is automatically moved to the Free Plan. Paid functions (including SMS messages, review requests, campaigns, reports and Client export) then cease to be provided, scheduled SMS messages and other messages available only on paid Plans are not sent, branches exceeding the Free Plan limits are deactivated, online booking is disabled for Team Members exceeding the limit, and new Clients above the Free Plan limit cannot be added and their bookings are rejected. Data is not deleted as a result.

10.3. When a paid Plan is ordered again, deactivated branches are reactivated automatically, and the Customer itself re-enables online booking for Team Members.

10.4. Fees paid are non-refundable, including where the Customer cancels the subscription, moves to a cheaper Plan or does not use the Service for part of the period, except for the recalculations referred to in clauses 9.4 and 9.5 and the cases referred to in clauses 6.3, 21.7, 24.5, 27.4, 29.3, 29.4, 29.5, 31.4, 31.5, 31.6 and 33.2.

10.5. If the Customer fails to pay an invoice issued by the Operator on time, the Operator may claim interest and compensation for recovery costs of not less than EUR 40 in accordance with the procedure and in the amounts established by the Law of the Republic of Lithuania on the Prevention of Late Payment in Commercial Transactions.

10.6. Initiating a payment dispute with the card issuer is neither a cancellation of the subscription nor a termination of the Agreement. The Operator may provide Stripe with information about the provision of the Service and, while the dispute is being examined, suspend paid functions. An unfounded payment dispute does not extinguish the obligation to pay for the Service provided.

10.7. The Customer may not unilaterally set off its claims against amounts payable to the Operator or withhold payments on account of complaints, except for claims that the Operator has acknowledged in a separate document signed by the Operator (including by electronic signature) specifying the acknowledged claim and its amount, or that have been awarded by a final court judgment. The Operator's support replies do not constitute acknowledgement of a claim (clause 2.21).

10.8. Where the Customer is entitled to a refund, the Operator shall, within 14 days of the right to a refund arising, return the amount to the payment method used for payment or, at the Customer's choice, credit it against future payments.

11. Obligations and Confirmations of the Customer

11.1. The Customer alone is responsible for the accuracy, completeness, currency and lawfulness of all data that it or Users enter, import, synchronise or receive through the Service, including Clients' contact details, language and consent flags, visit times and statuses, prices and durations of services, working and non-working hours, and addresses. The Operator does not verify this data. This does not apply to the contact details of a linked Client that the Service updates on the basis of the DEK Identity without any action by a User (clause 17.3): these are provided by the Client, and the Operator is responsible for ensuring that they correspond to the data confirmed by the Client with a one-time code.

11.2. The Service operates automatically on the basis of the Customer's data and settings: it sends messages to the contact details and in the language specified, shows available times, calculates the Reliability Score and synchronises data. The Operator is not liable to the Customer for consequences arising from inaccurate, incomplete or unlawful data or settings of the Customer, including messages to the wrong recipients, an incorrect visit time, overlapping bookings or missed visits. If a Client or another third party brings a claim against the Operator in respect of such consequences, Section 26 applies.

11.3. The Customer, as the controller of Client Data, must have a legal basis for processing Client Data, including for transferring it to the Operator and for its processing by means of the functions of the Service chosen by the Customer, must handle requests of Clients concerning their rights and must perform the other obligations of a controller.

11.4. The Customer shall provide Clients with its own privacy notice, in which it names the Operator as a processor and, for the purposes referred to in clauses 17.4 and 17.5 and for the analytics used on the Booking Page with the visitor's consent (clause 21.6), as an independent controller, and informs them about the functions of the Service used, including messages, SMS messages from the Customer's number, Calendar Links, the Reliability Score, the DEK Identity and the transfer of anti-abuse information. A Customer to which this version of the Terms applies from the Owner's confirmation (clause 1.7) shall add the information about the analytics referred to in clause 21.6 to its privacy notice no later than 30 days after the confirmation. The Operator's client notice template is only an aid: the Operator does not guarantee that it is sufficient for the Customer's activities, and the Customer is responsible for the final notice.

11.5. The Customer shall ensure that Clients are able to find out who provides the Customer Services (name, registration code and contact details) and to read the Customer's booking, cancellation and no-show rules and privacy notice, for example in the Booking Page description or on the Customer's website.

11.6. The Customer must hold the permits and qualifications required to provide the Customer Services and must comply with the consumer protection, price indication, accessibility, professional practice, tax, accounting and other requirements applicable to it.

11.7. The Customer must have the consent of Clients or another legal basis for sending marketing and other messages, must be able to demonstrate this and must promptly give effect to opt-outs by Clients. The consent flags and opt-out links in the Service are a technical tool, not a legal assessment of consent.

11.8. Message rules (reminders, confirmations, review requests, greetings and other messages) may be enabled by default; the Customer can see their status in the message settings. The Customer shall review its message settings and templates and is responsible for which messages it sends, when and to whom. However, point 3 of clause 26.1 does not apply in respect of messages that may be regarded as direct marketing and that were sent under default settings set by the Operator which the Customer had not changed.

11.9. The Customer shall comply with employment law and data protection requirements in respect of its employees and Team Members, including in publishing their names, photos and work schedules on the Booking Page, and shall inform Users that the Operator processes their account data in accordance with the Privacy Policy.

11.10. The Customer shall ensure business continuity in the event of a disruption of the Service: on each day on which it provides the Customer Services it shall review in advance the visits for the coming days, have another means of contacting Clients and, to the extent permitted by the functions of the Service available on its Plan (for example, export) or by the procedure for providing data set out in clause 30.4, regularly save a copy of visit and Client Data, because the backups made by the hosting provider are short-term and do not replace such a copy (clause 24.3). If these measures are not taken, the losses to be compensated by the Operator are reduced only to the extent that the Customer would have avoided them by the means available to it (clause 25.6).

12. Health Data and Other Sensitive Data

12.1. Notes and custom fields can be entered in the Service, including fields suggested for a business category, for example allergies, contraindications or health notes. The fact that the Service suggests such fields does not mean that processing them is lawful or necessary for the Customer; the Customer may hide them or replace them with its own fields in the settings.

12.2. When processing health data or other special categories of personal data, the Customer must have a ground provided for in Article 9(2) of Regulation (EU) 2016/679, process only the data necessary for planning visits and providing the Customer Services (without diagnoses or results of tests or examinations), assess the risks and, where required, carry out a data protection impact assessment, and restrict access of Users according to their roles. If the Customer processes such data on a large scale, it shall notify the Operator of this in advance. At the Customer's request, the Operator shall provide the information in its possession that is needed to carry out a data protection impact assessment.

12.3. The Service is not a medical records system of a healthcare institution, an electronic health system or any other sectoral information system, and does not meet the special requirements applicable to such systems. A Customer that provides healthcare or other regulated services shall keep mandatory records in the systems prescribed by law, and shall store in the Service only the information needed for booking visits and serving Clients.

12.4. Notes and custom field values are stored in the Service database using the security measures set out in the DPA, but without additional encryption of individual fields. The Customer shall take this into account when deciding what data to store in the Service.

12.5. It is prohibited to store payment card details, passwords, personal identification numbers or identity document numbers in notes, custom fields and other free-text fields of the Service, except where required by law and the Customer has assessed the risks of such processing.

12.6. When processing data of Clients who are minors, the Customer shall ensure compliance with the requirements applicable to them, including consents of their representatives where required.

13. Booking Page, Customer Content and Import

13.1. The Customer is responsible for all Customer Content and for ensuring that the information provided to Clients on the Booking Page, in messages and in campaigns (services, prices, durations, working hours, addresses, promotions, meeting links) is accurate, up to date, not misleading and lawful.

13.2. The Customer confirms that it holds all rights to the Customer Content, including names, trade marks, logos, photos and texts, and that the persons shown in photos have consented to their publication.

13.3. The Customer chooses the Booking Page address itself. The Operator may change or refuse to allow the use of an address that infringes the rights of third parties, is misleading or offensive or is needed for the operation of the Service, by notifying the Customer at least 14 days in advance, except where the address manifestly infringes the rights of third parties or an authority so requires.

13.4. Before printing a poster or other QR code generated in the Service, the Customer shall check that the code can be scanned. The Operator is not liable for printed or otherwise published links and QR codes that stop working after a change of the Booking Page address or after the end of the Agreement.

13.5. By importing Client lists (for example, a CSV file) or synchronising contacts, the Customer confirms that the data was collected lawfully, that Clients have been informed about its processing and that the imported flags correspond to the actual choices of Clients. Email and SMS visit notifications may be enabled by default for imported Clients. The Customer shall check the result of the import; the Operator does not guarantee that the merging of duplicates and the mapping of fields will meet the Customer's expectations.

13.6. The Operator may technically process uploaded files (for example, resize or re-encode images), reject files of an unsuitable format or excessive size, and remove content in accordance with Sections 20 and 28. The Service is not a file storage or backup service.

13.7. The Operator does not check Customer Content in advance and has no general obligation to monitor it. The fact that content has not been removed does not mean that the Operator has approved it.

14. SMS Messages Through the Customer's SMS Gateway

14.1. SMS messages to the Customer's Clients are sent through the Customer's SMS Gateway. The sender of the messages is the Customer, Clients see the Customer's phone number, and the price and volume limits of the messages are determined by the plans of the Customer's mobile network operator and of asms.lt. The Operator is not a provider of electronic communications services and does not send these messages in its own name.

14.2. The Customer uses the asms.lt service under a separate agreement with its provider (see clause 7.8). This Agreement governs only how the Service uses the asms.lt account connected by the Customer.

14.3. The Customer shall keep the asms.lt API key secure, ensure that the device works, has connectivity and that the SIM card remains valid, and pay all charges of the mobile network operator and of asms.lt, including charges for multi-part messages and messages to foreign numbers. The Operator stores the API key in encrypted form and, if it suspects that the key has leaked or is being misused, may temporarily disconnect the integration.

14.4. The Customer is responsible for the content and recipients of SMS messages; marketing SMS messages are subject to clause 11.7 and the requirements of the Law on Electronic Communications of the Republic of Lithuania.

14.5. The Operator does not guarantee that an SMS message will be delivered, delivered on time or delivered only once. The message statuses shown in the Service are for information only. If the SMS Gateway expressly rejects a message or the message cannot be transmitted to it, the Service automatically attempts to resend it a limited number of times. If it is unclear whether the SMS Gateway has accepted a message, the Service does not automatically resend it until the SMS Gateway confirms that it does not have the message or that the phone did not send it; the status of such a message may remain unconfirmed. The Customer shall therefore itself check the status of important messages and, where necessary, contact the Client by other means.

14.6. The Operator is not liable for non-delivery, delay, repeated sending or incorrect content of SMS messages, or for the resulting charges, where caused by the operation of the Customer's device, SIM card, mobile network operator or the asms.lt service. If this was caused by an error in the Operator's software, the Operator is liable within the limits set out in Section 25 (see also clause 7.8).

14.7. When the Customer connects an asms.lt account on a paid Plan, the Service periodically retrieves from it all messages received at the SMS Gateway number, regardless of their sender, and all messages sent through that account, including those sent outside the Service and to persons who are not Clients, and stores them in the Account, where they can be seen by Users entitled to use SMS conversations. The Customer shall therefore use for the SMS Gateway only a business phone number and SIM card on which no personal messages or messages unrelated to the Customer's business are received. By connecting the asms.lt account, the Customer instructs the Operator to do this. Once the asms.lt account is disconnected, new messages are no longer retrieved.

14.8. Contact synchronisation with asms.lt works only if the Customer enables it and chooses the direction. Clients' names and phone numbers are synchronised; deletions are not carried over between the systems, and where the same contact has been changed in both systems, the data in the Service takes precedence. Where the chosen direction includes receiving data from asms.lt and a Client opts out of SMS messages in the asms.lt account, SMS notifications are disabled for that Client in the Service. Where the chosen direction includes receiving data from asms.lt, asms.lt contacts that do not exist in the Service are created as Clients with SMS notifications enabled; the Customer shall ensure that such contacts meet the requirements of clause 13.5.

14.9. SMS messages are not sent to landline numbers. Clients' replies by SMS may automatically change the status of a visit (see clause 15.6).

15. Emails, Delivery and Automatic Status Changes

15.1. Emails that the Service sends to Clients on behalf of the Customer are sent from an address on the Operator's domain, with the Customer's name shown as the sender name. For visit notifications, greetings and other automated messages, the Owner's login email address is set as the reply-to address, so Clients see it and send their replies to it; the Customer shall use a business email address, not a personal one, for the Owner's login. For campaign emails, the Operator's sending address is set as the reply-to address, and the Operator does not undertake to forward to the Customer any replies received at that address, so the Customer shall state its own contact details in campaigns (clause 16.7). The Operator sends one-time confirmation codes to Clients in its own name. The Customer is responsible for the content of emails sent on its behalf.

15.2. The Operator does not guarantee that emails will be delivered, delivered on time or will not end up in the spam folder. Emails may be rejected or held by recipients' email service providers, and the Operator is not liable for this.

15.3. In order to protect the shared sending reputation on which the messages of all Customers depend, technical sending limits apply to emails per recipient, per Customer and for the Service as a whole over a given period. If a limit is exceeded, the email is deferred and sent later. If the recipient's mail server reports that the address does not exist, the Customer's messages to that address may be disabled automatically.

15.4. The Operator may temporarily suspend the sending of emails or SMS messages for all Customers or for individual Customers, hold queued messages or cancel messages not yet handed over for sending, where this is necessary to stop a security incident or repeated sending, to put an end to abuse or to protect the sending reputation. During a suspension, messages are held and, once sending resumes, are sent if still relevant: reminders about visits that have already started and outdated messages about visit changes are not sent. Cancelled and unsent messages remain visible in the visit message history together with the reason, so that the Customer can inform the Client by other means. A suspension or cancellation in itself is not a breach of the Agreement; the Operator informs the Customer of it in the Service or by email where possible.

15.5. Reminders and other automatic messages are an aid. The Customer remains responsible for informing Clients about visits and changes to them. The Operator is not liable for a Client's no-show or late arrival, or for the Customer's losses due to a message that is not delivered, is delayed, is repeated or has incorrect content, where this was caused by the Customer's data or settings, actions of the Client or a third party, the SMS Gateway or recipients' email service providers. If this was caused by an error in the Operator's software, the Operator is liable only on the conditions and within the limits set out in Section 25.

15.6. Clients may confirm, cancel or reschedule a visit via a link in a message, reply by SMS (for example, "YES" or "NO") or, where this function is enabled, reply to a calendar invitation by email. The Service processes such replies automatically: it changes the status of the visit, sends related messages and may count a late change by the Client towards the Reliability Score.

15.7. The Customer shall regularly check its calendar and not rely solely on automatically changed statuses. The Operator is not liable for changes to visit statuses caused by a message or action of a Client or a third party, except where the change was caused by an error in the Operator's software; in that case Section 25 applies.

16. Campaigns and Other Marketing Messages

16.1. Campaigns, birthday and name day greetings, invitations to book again and other marketing messages are sent only to Clients whose client card is flagged with consent to receive marketing messages. The Customer is responsible for ensuring that this flag corresponds to a genuine and demonstrable consent of the Client or another legal basis.

16.2. Campaigns are sent through a sending infrastructure shared by all Customers, so they are subject to volume limits set by the Operator, for example on campaigns per day and recipients per month. The limits are a protective measure, not a guaranteed sending volume. The Operator shall give at least 30 days' notice of a reduction of the general limits, except in the cases referred to in clause 16.4.

16.3. Every marketing email contains an opt-out link, which the Customer cannot remove. The Customer shall also promptly give effect to opt-outs by Clients received by other means and shall not include Clients who have opted out in campaigns.

16.4. It is prohibited to send unsolicited messages, to use purchased or otherwise unlawfully obtained address lists, and to send misleading or unlawful content. If the Customer's campaigns give rise to complaints, a large number of emails are rejected, or there is a risk that the sending infrastructure of the Service will be placed on spam blocklists, the Operator may immediately hold, slow down or cancel a campaign, reduce the Customer's limits or suspend the campaigns function for the Customer. The Operator shall provide a statement of reasons for such a measure in accordance with clause 20.5.

16.5. Campaign statistics (emails delivered, opened and clicked) are approximate and depend on recipients' email programs. Open and click tracking in campaign emails is enabled under the Operator's default settings. The Customer shall inform Clients about such statistics in its privacy notice and is responsible for consents, where required, to the extent that it can disable tracking in the Service. Point 3 of clause 26.1 does not apply to claims arising solely from tracking that the Customer could not disable in the Service.

16.6. Review requests are sent with the link to the review collection service specified by the Customer. The Customer decides whether to send such requests and is responsible for their compliance with the law and with the rules of review platforms (see also clause 11.8).

16.7. The sender of marketing messages sent through the Service and the person carrying out direct marketing within the meaning of the Law on Electronic Communications of the Republic of Lithuania and Regulation (EU) 2016/679 is the Customer. The Customer shall ensure that marketing messages clearly state its name and contact details and that every marketing SMS message states a free and simple way to opt out of further messages, and shall handle objections of Clients to direct marketing. The Operator provides only a technical tool and does not ensure that the Customer's messages comply with the law.

17. Reliability Score, DEK Identity and Protection Against Abuse

17.1. The Reliability Score is calculated automatically on the basis of visit statuses: attended visits, no-shows and cancellations or reschedulings by the Client less than 24 hours before the visit, as well as cancellations that a User has marked as having occurred through the Client's fault. Visits whose status has not been changed by a User may be automatically marked as attended once the visit time has passed.

17.2. The Customer is responsible for ensuring that visit statuses, no-shows and Client fault flags are marked accurately and fairly. The Reliability Score is supporting statistical information only: decisions on serving Clients are made by the Customer, which may not refuse to serve a Client solely on the basis of the score and may not use it in a discriminatory manner or otherwise in breach of the law. The Operator is not liable for decisions of the Customer made on the basis of the score, or for inaccuracies in the score arising from statuses marked by the Customer.

17.3. When a Client creates a DEK Identity and confirms their contact details, the Client's record in the Customer's Account is linked to the DEK Identity. The Customer cannot create or initiate such a link. The email address and phone number of a linked Client on the Customer's client card are updated on the basis of the DEK Identity data, while the Customer's notes, consents and other data are not passed on to other businesses.

17.4. The Operator processes the combined Reliability Score across several businesses and other DEK Identity data as an independent controller. For this purpose, the Customer transfers to the Operator only the numbers of attended visits, no-shows and late changes (including cancellations marked as having occurred through the Client's fault, clause 17.1) of its Clients linked to a DEK Identity, without visit dates, services, notes or the Customer's name. The Customer may choose in the settings of the Service not to transfer these numbers; in that case the combined score is not shown to it either. The combined score is shown to Customers on paid Plans only as a single aggregated percentage, and to the Client themselves in their account as a percentage together with the total numbers of attended visits and of all visits taken into account; the score does not disclose which businesses the Client has visited or what part of it is attributable to each business. The Customer shall inform Clients of this transfer in its privacy notice, and the Operator provides information about it in the Privacy Policy.

17.5. The Service uses automated anti-abuse measures, including rate limiting and the threat database M Blacklist (black.majevski.com, see clause 7.8). Information about suspicious activity (for example, password guessing, creation of fake Accounts, fake bookings, spam), including IP addresses and hash values of email addresses, may be transferred to this database, and in the case of a confirmed threat the Service may automatically reject a login, the creation of an Account, the sending of a one-time code or a booking on the Booking Page, even if a Client of the Customer is attempting it.

17.6. The Operator is not liable for bookings lost by the Customer or other losses caused by anti-abuse measures being triggered in error, except in the case of intent or gross negligence.

17.7. The Customer or a Client may report blocking which they consider unjustified by email to pagalba@majevski.com; the Operator shall examine the report within a reasonable time. The Operator processes anti-abuse data as an independent controller on the basis of its legitimate interest in ensuring the security of the Service and its users, as set out in the Privacy Policy.

18. Calendar Links and Integrations

18.1. A Calendar Link works without logging in: anyone who has the link can see the visits of that Team Member, including Clients' names, phone numbers, services, notes, addresses and meeting links. The Customer shall treat the link like a password, shall not make it public and, if a device is lost or the Team Members change, shall renew it in the Service.

18.2. The Customer decides whether Team Members will subscribe to Calendar Links in Google, Apple, Microsoft or other calendar services, including personal ones. In that case the providers of those services receive and store the visit data under their own terms, possibly also outside the European Economic Area. This is a disclosure of data instructed by the Customer; these providers are not Sub-processors of the Operator, and the Operator is not liable for their operation or for disclosure of data through a link distributed by the Customer or Team Members.

18.3. Calendar applications refresh the link at the frequency they set, so changes may appear in them with a delay. A calendar subscription is not two-way synchronisation: visits are changed only in the Service.

18.4. The Customer creates meeting links for online visits on a third-party meeting platform of its choice. The Operator merely passes the link specified by the Customer on to the Client and the Team Member and is not liable for the operation or security of the platform or for its terms.

18.5. Integrations with other services (for example, asms.lt or revlink.lt) work only if the Customer connects them. The Customer is responsible for having the right to use these services and to transfer data to them. The Operator may change or discontinue an integration if the provider of such a service changes or discontinues its service or its terms; in that case clause 6.3 applies.

18.6. Public holiday and name day data, on the basis of which the Service may close booking or suggest greetings, is obtained from a third party and is for support only. The Customer shall check that booking is open and closed on the correct days.

19. Acceptable Use

19.1. The Customer and Users shall use the Service only for lawful purposes and in compliance with the Agreement.

19.2. When using the Service, it is prohibited: 1) to offer or advertise services whose provision is unlawful, including sexual services presented as other services; 2) to provide licensed or otherwise regulated services without the required permit or qualification; 3) to create fake businesses, Booking Pages or bookings, to impersonate another person or to mislead Clients; 4) to send spam or marketing messages without a legal basis, or to harass or insult Clients; 5) to collect payment card details, passwords or other data by deception on Booking Pages or in fields; 6) to publish content that is unlawful, infringes the rights of third parties, incites hatred or is malicious.

19.3. It is also prohibited: 1) to attempt to gain access to other Accounts, systems or data; 2) to circumvent Plan limits or technical restrictions; 3) to collect data from the Service by automated means or to place a disproportionate load on it; 4) to distribute malicious code; 5) to carry out security or load testing without the Operator's written consent; 6) to create Accounts in bulk or to create a new Account in order to circumvent a restriction imposed or a termination of the Agreement; 7) to resell the Service without the Operator's written consent.

19.4. In the event of a breach, the Operator may apply the measures provided for in Sections 20 and 28 and retain information relating to the breach to the extent necessary to investigate the breach, to defend its rights or to provide information to the competent authorities.

20. Notices of Unlawful Content and Statements of Reasons

20.1. In respect of Customer Content, the Operator is a hosting service provider within the meaning of Regulation (EU) 2022/2065 (Digital Services Act). Any person may notify content in the Service which they consider unlawful or contrary to the Agreement by email to pagalba@majevski.com.

20.2. The notice shall state: the reasons why the content is considered unlawful; the exact address (URL) of the content or other information identifying it; the name and email address of the notifier, except in cases provided for by law; and a confirmation that the notifier believes in good faith that the information in the notice is accurate and complete.

20.3. The Operator shall acknowledge receipt of the notice, examine it in a timely, diligent and objective manner, and inform the notifier of its decision and of the possibilities of appealing against it. Decisions on the lawfulness of Customer Content and its compliance with the Agreement are taken by a responsible person of the Operator. Automated tools are used only to limit sending volumes and to detect non-working addresses and abuse (clauses 15.3, 16.2 and 17.5), and restrictions applied by them are reviewed by a human at the Customer's request.

20.4. If content is unlawful or breaches the Agreement, the Operator may remove it or disable access to it, or restrict the Booking Page, a function or the Account. The measure applied must be proportionate to the breach.

20.5. The Operator shall provide the Customer with a statement of reasons for a restriction, stating the measure and its duration, the facts and circumstances, whether the decision was taken following a notice, whether automated means were used, the legal or contractual ground and the possibilities of complaint. The statement of reasons is not provided where this is prohibited by law or by an order of a competent authority.

20.6. Within 6 months of receiving the statement of reasons, the Customer may lodge a complaint against the Operator's decision by email to pagalba@majevski.com; the Operator shall examine the complaint and reverse an unfounded decision. The Customer may also apply to a court or to the Digital Services Coordinator, the Communications Regulatory Authority of the Republic of Lithuania.

20.7. The Operator shall promptly inform the competent authorities of information giving rise to a suspicion of a criminal offence involving a threat to the life or safety of persons, and shall comply with lawful orders of authorities concerning unlawful content and the provision of information.

20.8. The email address pagalba@majevski.com is the Operator's single point of contact for authorities of the Member States, the European Commission, the European Board for Digital Services and recipients of the Service. Communications may be made in Lithuanian or English.

21. Personal Data

21.1. In respect of Client Data and data of Team Members processed in the Service, the Customer is the controller and the Operator is the processor. The terms of processing are set out in the DPA, which is an integral part of the Agreement and prevails over these Terms on matters of personal data processing to the extent set out in point 3 of clause 33.6. References in the DPA to the "Terms of Use" or to previous versions of the Terms are deemed to be references to these Terms.

21.2. The Operator processes account and billing data of the Customer, Users and payers, DEK Identity data, anti-abuse data and technical log data, as well as data of visitors to the Service website and to Booking Pages (clause 21.6) collected with their consent by means of cookies and similar technologies, as an independent controller, as set out in the Privacy Policy and the Cookie Policy. Changes to the Privacy Policy and the Cookie Policy are not amendments to the Agreement.

21.3. By accepting the Terms, the Customer gives the Operator a documented instruction to process Client Data to the extent necessary for the functions of the Service used by the Customer, including: sending messages through the chosen channels; sending, receiving and storing SMS messages through the SMS Gateway; synchronising contacts, where enabled; making data available in Calendar Links; calculating the Reliability Score in the Customer's Account; updating contact details of linked Clients on the basis of the DEK Identity; rate limiting and other protective measures in the Customer's Account and on the Booking Page; backups and technical support. The Operator processes Client Data for the purposes referred to in clauses 17.4, 17.5 and 21.4 as an independent controller; the Customer agrees that the data is disclosed to the Operator for those purposes, except for the numbers referred to in clause 17.4 where the Customer has chosen not to transfer them.

21.4. The Operator may prepare and use aggregated anonymised statistics from which the Customer, a Client or any other person cannot be identified (for example, the total number of visits or Clients on the platform) to provide, improve and protect the Service and to publish aggregated platform figures. The Operator may use the Customer's usage metrics of the Service (for example, Booking Page views and bookings) to provide, maintain and improve the Service.

21.5. Persons authorised by the Operator may log in to the Account with the rights of a User and view or change data in it only to the extent necessary to provide support at the Customer's request, to investigate and correct an error, to manage a security incident or abuse, or to comply with legal requirements. Each such login is recorded (which administrator account of the Operator, when, for what purpose and with the rights of which User), the records are kept for at least 12 months and are provided to the Customer at its request. The Operator shall inform the Owner, within 3 Business Days at the latest, of any login not carried out at the Customer's request and, in advance, of any login required to comply with legal requirements, except where this would prejudice the investigation of a security incident or breach or is prohibited by law. For the same purposes, and also for the performance of the Agreement (for example, to administer the Plan, restrictions, suspension or Users' rights, and to provide or delete data under Section 30), persons authorised by the Operator may process the Account data using the Service's administration tools or directly in the database, without logging in to the Account; the recording, retention and notification requirements set out in this clause do not apply to such actions. The Operator is liable for the actions of its authorised persons in respect of the Account and its data as for its own actions within the limits set out in Section 25.

21.6. The Operator does not use Client Data for its own marketing, does not sell it and does not transfer it to third parties for their own purposes, except where required by law. The Operator processes the protective information referred to in clause 17.5 in the M Blacklist database operated by the Operator (clause 7.8), the data of which is also used to protect other services related to the Operator against abuse; the Operator provides information about the recipients of the data of this database on request made by email to pagalba@majevski.com. The list of confirmed threats in M Blacklist (IP addresses, hash values of email addresses and email domains, without names or email addresses) is made publicly available so that other websites can also use it to protect their services. On Booking Pages, the Operator, as an independent controller, may use analytics tools (for example, Google Analytics or nda.lt) to measure the use of the Service and to improve the Service, but only where the visitor has consented to analytics cookies and similar technologies in the Service's cookie consent window. The Operator does not use these tools on visit management pages or other pages whose address contains an access token, and where it uses them, it configures them so that they do not receive visit management links, other access tokens or Client Data that the visitor enters or selects in forms. The Operator does not install its own advertising or remarketing tools (for example, Meta Pixel or Google Ads) on Booking Pages, unless the Customer requests this in writing. Further details are provided in the Privacy Policy and the Cookie Policy.

21.7. The Operator shall notify the Customer of an intended engagement or replacement of a Sub-processor at least 30 days in advance, except where the change is necessary immediately for security reasons or due to the cessation of the provider's business; in that case the Operator shall give notice as soon as possible. Within 14 days of the notice, the Customer may raise a reasoned objection; if the parties do not reach agreement, the Customer may terminate the Agreement and receive a proportionate part of the fee for the unused paid period. The list of Sub-processors, the Operator's assistance in handling Client requests and the procedure for notifying personal data breaches are set out in the DPA.

22. Intellectual Property

22.1. The Service, its software, design, database structure, the Help Centre, templates and the DEK marks belong to the Operator or its licensors. The Customer is granted a non-exclusive, non-transferable right to use the Service in accordance with the Agreement for the term of the Agreement.

22.2. The Customer may not copy, modify, decompile or otherwise attempt to obtain the program code of the Service, create copies of the Service or competing products based on it, remove notices of rights or use the DEK marks without the Operator's consent, except for the sharing tools provided in the Service and where permitted by mandatory rules of law.

22.3. The Operator acquires no rights to Customer Content or Client Data, except for the right to process them provided for in the Agreement and the DPA. The Customer grants the Operator a non-exclusive, royalty-free, worldwide licence to store, reproduce, technically adapt, display on the Booking Page and transmit in messages the Customer Content solely to the extent necessary to provide, protect and support the Service. The licence is valid for the term of the Agreement and until the data is deleted in accordance with Section 30.

22.4. The Operator may freely use the Customer's suggestions and feedback about the Service to improve the Service, without remuneration and without obligations to the Customer. This provision does not apply to personal data, Client Data or confidential information.

23. Confidentiality

23.1. The parties shall protect each other's confidential information, that is, non-public information that a party has marked as confidential or whose confidentiality is evident from its nature, including individual prices and terms, non-public information about the security of the Service and the Customer's business information.

23.2. Confidential information is used only for the performance of the Agreement and is disclosed only to those employees, subcontractors and advisers who need it and who are bound to keep it confidential.

23.3. The confidentiality obligation does not apply to information that is or becomes public other than through the fault of the receiving party, was lawfully known to it before receipt, was lawfully obtained from a third party, or must be disclosed under the law or at the request of an authority. In the latter case, the party shall, where permitted, inform the other party in advance.

23.4. The confidentiality obligation applies during the term of the Agreement and for 3 years after its end, and in respect of trade secrets for as long as they remain trade secrets. The confidentiality of Client Data is additionally governed by the DPA.

24. Availability of the Service, Backups and Service Credit

24.1. The Operator uses reasonable efforts to ensure that the Service operates without interruption and without errors, but does not guarantee this. The Service is provided with the functionality it has at the relevant time; the Operator does not guarantee that the Service will meet all of the Customer's expectations or enable it to achieve particular business results.

24.2. The Operator does not set or guarantee any service level (SLA) for the availability of the Service or any response or recovery time, including on the VIP Plan, unless the parties conclude a separate agreement to that effect in the form referred to in clause 2.21.

24.3. Backups of the Service database and of files uploaded by the Customer are made automatically by the Operator's hosting provider at the frequency it sets and are kept by it for the period it sets; the Operator uses only a hosting service in which such backups are made. These backups are short-term and are intended for restoring data after a recent incident. After a failure caused by the Operator or its hosting provider, the Operator shall, using reasonable efforts, restore data from the latest available backup. The Operator does not guarantee the frequency of backups, their retention period or that all data can be restored; changes made between the time the latest available backup was made and the failure may be lost. Backups do not replace the copies of the Customer's data that the Customer itself regularly saves using the export functions available on its Plan or under the procedure set out in clause 30.4 (clause 11.10). The Operator does not undertake to restore data following actions of the Customer or Users (for example, deletion by mistake), but may do so where this is technically possible. The Operator is liable for loss of data only if it was caused by a breach of this clause, and only within the limits set out in Section 25; clause 25.4 applies in all cases.

24.4. If the Booking Page or the Account calendar of a Customer on a paid Plan was continuously unavailable for more than 12 hours due to a failure of the Operator's software or of the hosting chosen by the Operator, the Operator shall, at the Customer's request made within 30 days of the end of the failure, extend the paid period by one day for each commenced day of the failure or credit the corresponding amount against the next payment (service credit). The start and duration of the failure are determined on the basis of objective data, for example notices of the hosting provider or monitoring records or screen captures provided by the Operator or the Customer. The service credit shall be deducted from any compensation for losses arising from the same failure.

24.5. If the failure referred to in clause 24.4 lasts for more than 72 consecutive hours, the Customer may terminate the Agreement with immediate effect and receive a proportionate part of the fee for the unused paid period.

24.6. The service credit and the right referred to in clause 24.5 do not apply to failures caused by scheduled work announced in advance, force majeure, the devices and internet connections of the Customer, Users or Clients, the SMS Gateway, recipients' email service providers, calendar applications, suspension of the Service under Section 28 (except in the case referred to in clause 28.5) or suspension of sending under clause 15.4.

25. Limitation of Liability

25.1. The Operator shall compensate the Customer only for direct losses (loss of or damage to property and expenses incurred, as referred to in Article 6.249(1) of the Civil Code of the Republic of Lithuania) that the Customer has suffered as a result of a breach of the Agreement by the Operator and that the Operator foresaw or could reasonably have foreseen at the time the Agreement was concluded, within the limits set out in this Section.

25.2. Irrespective of whether the losses listed below are regarded as direct losses or loss of income, the Operator shall not compensate: 1) loss of income and profit, including income from visits that did not take place or were missed, bookings not received and lost Clients; 2) salaries and other costs of unused working time; 3) pecuniary losses caused by damage to the Customer's reputation; 4) losses caused by the actions of the Customer, Users, Clients or providers of the services referred to in clause 7.4 (except in the case referred to in clause 7.8). Reasonable costs incurred by the Customer in performing the obligation referred to in clause 25.6 (for example, costs of additional messages to Clients or of a temporary alternative solution) are compensated within the limits set out in clause 25.3.

25.3. The total liability of the Operator to the Customer for all claims arising out of or in connection with the Agreement, irrespective of their legal basis and number, in respect of events occurring within 12 months of the first of them, shall not exceed the greater of the following amounts: the fees actually paid by the Customer to the Operator for all its Accounts in the 12 months preceding the first such event, or EUR 100. Related events arising from the same cause are treated as a single event. For a Customer that has not paid for the Service during that period, the limit is EUR 100.

25.4. The provisions of this Section and other provisions of the Terms that limit or exclude the Operator's liability do not apply where damage is caused intentionally or through gross negligence, nor to harm to a person's life or health, to non-pecuniary damage caused by the Operator to the injured person themselves, or in other cases where mandatory rules of law prohibit the limitation of liability.

25.5. No provision of the Agreement limits the statutory liability of the parties to data subjects or supervisory authorities under Regulation (EU) 2016/679. Recourse claims between the parties in respect of pecuniary and non-pecuniary damage compensated to Clients or other third parties are determined according to each party's share of responsibility (Article 82(5) of Regulation (EU) 2016/679, Article 6.280 of the Civil Code of the Republic of Lithuania). Such a recourse claim of the Customer against the Operator constitutes a pecuniary loss of the Customer to which clause 25.3 applies, except in the case of intent or gross negligence on the part of the Operator.

25.6. The Customer shall take reasonable measures to avoid or mitigate losses, including the measures referred to in clause 11.10, and shall immediately notify the Operator of any failure or error it notices. The Operator is not liable for that part of the losses which the Customer could reasonably have avoided.

25.7. The Operator is a small partnership (mažoji bendrija). Obligations under the Agreement are assumed by the Operator alone; its members, manager and employees do not assume them personally, except in cases established by law.

26. Customer's Liability for Third-Party Claims

26.1. The Customer shall compensate the Operator for losses and reasonable costs, including legal costs and amounts paid under a court judgment or under a settlement agreement concluded with the Customer's consent, arising from claims of third parties (including Clients, Users, the Customer's employees, holders of intellectual property rights, service providers and public authorities), to the extent that such claims arise from: 1) the quality, safety or prices of the Customer Services, the cancellation and no-show rules or the performance of the Customer's other obligations to Clients; 2) the inaccuracy or unlawfulness of Client Data or Customer Content, or infringement of rights in them, including imported data, except to the extent that the inaccuracy was caused by an update referred to in clause 17.3 that does not correspond to the data confirmed by the Client (clause 11.1); 3) messages, marketing or review requests sent by the Customer, or the absence of consents; 4) the inaccuracy of visit statuses and Client fault flags marked by the Customer, or decisions of the Customer made on the basis of the Reliability Score; 5) the actions of Users or Calendar Links distributed by the Customer; 6) individual instructions of the Customer to the Operator that go beyond the standard operation of the Service referred to in clause 21.3, or a breach of the Agreement, the DPA or the law committed by the Customer.

26.2. Clause 26.1 does not apply to the extent that the claim was caused by a breach of the Agreement or the DPA by the Operator, an error in the software of the Service, processing of data carried out by the Operator as an independent controller (clauses 17.4, 17.5, 21.4 and 21.6), or intent or gross negligence on the part of the Operator. If the claim was caused by the actions of both parties, the losses are apportioned according to each party's fault and contribution to the occurrence of the damage. The Customer shall not compensate the Operator for fines imposed on the Operator for the Operator's own infringements.

26.3. On receiving a claim referred to in clause 26.1, the Operator shall inform the Customer of it within a reasonable time, where permitted. The Customer shall cooperate and provide the information and evidence available to it, and may participate in the proceedings in accordance with the law.

26.4. The Operator decides independently on its defence and is not obliged to admit a claim merely because it has been made, but shall not, without the Customer's consent, conclude a settlement agreement for which it would seek compensation from the Customer; the Customer shall not unreasonably withhold its consent. The Operator may also take the measures provided for in Section 28 to prevent further damage.

27. Force Majeure

27.1. A party is released from liability for non-performance of the Agreement if it proves that the non-performance was caused by force majeure circumstances as defined in Article 6.212 of the Civil Code of the Republic of Lithuania and in the Rules on Exemption from Liability in the Event of Force Majeure Circumstances approved by Resolution No 840 of the Government of the Republic of Lithuania of 15 July 1996. Force majeure does not release a party from the obligation to pay for the Service already provided.

27.2. Force majeure circumstances may include, for example, natural disasters, fires, acts of war, acts of terrorism, decisions of public authorities, large-scale failures of electricity, electronic communications or internet infrastructure, as well as cyberattacks whose scale or nature the party could not reasonably have foreseen and which it could not have prevented by applying the security measures customary for services of this kind. Lack of funds and breaches of obligations by a party's counterparties are not regarded as force majeure unless they were caused by force majeure circumstances.

27.3. A party shall notify the other party by email, within a reasonable time, of the force majeure circumstances and their effect on the performance of the Agreement. A party that fails to give notice in time shall compensate the other party for losses arising from the notice not being received in time. The parties shall not require a force majeure certificate from each other but may ask for the circumstances to be substantiated.

27.4. The performance of obligations is suspended only for as long as the force majeure circumstances persist, and the party shall take reasonable measures to mitigate their consequences. If the circumstances last longer than 30 days, either party may terminate the Agreement by notifying the other party; the Customer is refunded a proportionate part of the fee for the unused paid period.

28. Suspension and Restriction of the Service

28.1. The Operator may suspend or restrict the Service, an individual function, the Booking Page, the sending of messages or the Account if: 1) there is a threat to the security or data of the Service, the Account, Clients or other Customers; 2) the Customer Content or the Customer's activity is unlawful, or the Customer materially or repeatedly breaches the Agreement; 3) justified complaints from recipients are received about the Customer's messages, recipients' email service providers reject or block an unusually high proportion of the Customer's emails, or the sending infrastructure of the Service is placed, or there is a real risk that it will be placed, on spam blocklists; on this ground only sending through the relevant channel is restricted, and the Booking Page or the Account is restricted only if the Customer does not remedy the breach within the period referred to in clause 28.3; 4) the Customer fails to pay an invoice issued by the Operator within 14 days of a reminder; 5) the Customer has provided incorrect data, fails to provide the data referred to in clause 4.4 within the period specified by the Operator, or attempts to circumvent a restriction imposed; 6) this is necessary to comply with sanctions or with a requirement of a court or competent authority.

28.2. The Operator applies a measure proportionate to the breach or threat and, where this is sufficient, restricts only an individual function or content.

28.3. If the breach can be remedied and does not pose an imminent threat, the Operator shall, before suspending the Service, warn the Customer and allow a period of at least 7 days to remedy the breach. In other cases the measure is applied immediately, and a statement of reasons is provided to the Customer no later than at the time the measure is applied.

28.4. While the Account is suspended, the Booking Page is not accessible to Clients, Users cannot use the Account, Calendar Links do not work, and greetings, invitations to book again and campaigns are not sent. Messages already scheduled about existing visits (for example, reminders) may be sent, unless the Operator cancels them. Data is retained during the suspension.

28.5. If the Service is suspended or restricted due to a breach by the Customer, the Customer shall pay fees for that period as well, and the Operator shall not compensate the Customer's resulting losses, including lost bookings. If the Booking Page or the Account of a Customer on a paid Plan is suspended under point 1 or 6 of clause 28.1 due to circumstances that do not constitute a breach by the Customer, and the suspension lasts continuously for more than 12 hours, the Customer is granted a service credit for the period of suspension in accordance with clause 24.4, and other losses are compensated on the conditions and within the limits set out in Section 25.

28.6. Access is restored once the reasons for the suspension have been removed. If the reasons cannot be removed or are not removed within 30 days, the Operator may terminate the Agreement under clause 29.4.

28.7. The Customer may challenge a suspension or restriction in accordance with clause 20.6.

29. Termination of the Agreement

29.1. The Agreement is concluded for an indefinite term.

29.2. The Customer may terminate the Agreement at any time by submitting a request to close the Account by email to pagalba@majevski.com from the Owner's email address; the Agreement ends on the date specified in the request or, if no date is specified, on the date the request is received, except where the Customer has given notice of switching under clause 30.5. On receiving a request to close the Account, the Operator shall cancel the Customer's paid Plan subscription no later than on the date the Agreement ends; no fee is charged for the period after the end of the Agreement, and clause 10.4 applies to fees already paid. The Customer may also cancel the subscription in the billing portal; once it is cancelled, the functions of the paid Plan are provided until the end of the paid period, after which the Agreement continues under the Free Plan. Ceasing to use the Service does not in itself cancel the subscription.

29.3. The Operator may terminate the Agreement without giving reasons by notifying the Customer at least 90 days in advance. In that case the Customer is refunded a proportionate part of the fee for the unused paid period.

29.4. The Operator may terminate the Agreement with immediate effect by providing the Customer with a statement of reasons in accordance with clause 20.5 if the Customer materially breaches the Agreement and fails to remedy the breach within 14 days of a warning, if the breach is serious or repeated (including unlawful activity, fraud, sending spam, a threat to security, a false confirmation of business status or circumvention of restrictions), and in the cases referred to in clauses 4.7 and 28.6. If the Agreement is terminated due to a breach by the Customer or a false confirmation, fees paid are not refunded. If the Agreement is terminated under clause 4.7 or 28.6 due to circumstances that do not constitute a breach by the Customer, the Customer is refunded a proportionate part of the fee for the unused paid period, insofar as this does not conflict with sanctions requirements, and other losses are not compensated, except in the case of intent or gross negligence on the part of the Operator.

29.5. The Customer may terminate the Agreement with immediate effect if the Operator materially breaches the Agreement and fails to remedy the breach within 14 days of the Customer's warning. In that case the Customer is refunded a proportionate part of the fee for the unused paid period.

29.6. The Operator may close a Free Plan Account to which no one has logged in for more than 24 months by giving notice to the Owner's email address at least 60 days in advance.

29.7. Upon the end of the Agreement, except during the transition period referred to in clause 30.5, access to the Account ends, the Booking Page and Calendar Links stop working, and unsent messages are cancelled. Section 30 applies to data.

29.8. The end of the Agreement does not release the parties from obligations that arose before it. Provisions which by their nature are intended to survive shall survive the end of the Agreement, including Sections 3, 10, 11, 12, 22, 23, 25, 26, 27, 30, 32, 33 and 34 and other provisions that limit or exclude the Operator's liability or allocate liability between the parties (including clauses 5.5, 7.5, 7.8, 14.6, 15.2, 15.5, 15.7, 17.2 and 17.6).

30. Data Retrieval, Switching and Deletion

30.1. This Section implements the requirements of Regulation (EU) 2023/2854 (Data Act) on switching between data processing services. During the term of the Agreement and during the data retrieval period referred to in clause 30.6, the Customer may obtain a copy of the Exportable Data free of charge, switch to another service provider or port the data to its own infrastructure, or request deletion of the data. The Operator does not charge switching or data egress fees.

30.2. Exportable Data comprises: 1) Client cards (first names, surnames, contact details, dates of birth, gender, language, notes, custom field values, consent and marketing opt-out flags, email address status, numbers of attended visits, no-shows and late changes); 2) visit history and future visits (date, time, duration, services, price, Team Member, branch, status, cancellation data, notes, meeting links) and rules for recurring visits; 3) the history of messages sent to Clients stored in the Account (type, channel, time, status) and SMS conversations; 4) services, their categories, prices and durations; 5) Team Members, their work schedules and time off; 6) branches, their working hours and closed days; 7) Users and their roles; 8) settings of the Booking Page, custom fields, message rules and other Account settings; 9) message templates, campaign content and campaign statistics as shown in the Service; 10) images uploaded by the Customer; 11) payment documents issued by the Operator to the Customer. This list is exhaustive.

30.3. The following are not Exportable Data and are not provided, in order to protect the Operator's trade secrets, security or the rights of other persons: the program code, database structure and algorithms of the Service; the Operator's internal server, error and security logs, anti-abuse data, password hashes, access keys and Calendar Link identifiers; the combined Reliability Score across several businesses and other aggregated platform statistics; DEK Identity data; payment data processed by Stripe.

30.4. Data is provided in a structured, commonly used and machine-readable format (as CSV or JSON files, which may be packed into a ZIP archive), and images in the format in which they are stored. The Customer may use the self-service Client export function in the Service where it is available on its Plan. The Operator shall provide all Exportable Data securely within 30 days of a request by the Owner made by email to pagalba@majevski.com or, if the request is made together with a notice of switching or of termination of the Agreement, within 30 days of the start of the transition period or the data retrieval period. Where the Customer does not request switching and does not terminate the Agreement, the Operator provides all Exportable Data no more than once a month.

30.5. The Customer may at any time give notice of switching to another service provider, porting data to its own infrastructure or deletion of data; no notice period applies. The notice starts a transition period of no more than 30 days, during which the Service continues to be provided under the Customer's Plan, the continuity and security of its functions are ensured, and the Operator provides the Exportable Data, reasonable assistance and information about known risks of porting. The Customer may extend the transition period once, for a period that suits it. Fees for the Service during the transition period are payable according to the Customer's Plan. The Agreement ends upon successful completion of switching, but no later than at the end of the transition period, or, if the Customer has chosen deletion of data only, on the date specified in its notice; the Operator shall notify the Customer of the end of the Agreement.

30.6. After the end of the Agreement, the Operator retains the Exportable Data for a further 30 days (the data retrieval period). The Service is not provided during this period, but the Owner may submit a request under clause 30.4. If the request is received during the data retrieval period, the data is not deleted until the Operator has fulfilled it.

30.7. Upon expiry of the data retrieval period, the Operator shall, within 60 days at the latest, delete the Exportable Data, other Client Data and Customer Content from the active systems of the Service and inform the Owner of this by email. Data remains in backups until those backups are overwritten in the ordinary course, but no longer than 90 days after deletion from the active systems, and during that time is used only for recovery after an incident; if a backup is restored, data already deleted is deleted again. Deleted data is not restored. At the Customer's request, data is deleted without waiting for the end of the data retrieval period.

30.8. The Operator may retain data for longer only to the extent required by law or necessary to bring or defend legal claims: payment documents issued by the Operator to the Customer are retained for the period laid down by law for accounting documents; records of acceptance of the Terms (the name, email address and IP address of the person who accepted them, the date, and the version and language of the Terms) are retained until the end of the general limitation period, but no longer than 10 years after the end of the Agreement; the records of logins to the Account referred to in clause 21.5 are retained for 13 months from their creation; information about breaches is retained until the dispute or proceedings to which it relates have ended. Aggregated anonymised statistics may continue to be retained.

30.9. When a User deletes a Client record or other record in the Service, the record immediately becomes invisible in the Service and is no longer used for messages. Deleted records of Clients, services, service categories and Team Members are kept in the database as deleted until the end of the Agreement and are removed together with the other data under clause 30.7, or, if the Owner so requests in writing, are removed earlier, within 30 days of receipt of the request at the latest. Other deleted records (for example, campaigns, logins of Users with the Reception role, time off, closed days and modified message templates) are removed from the database immediately and cannot be restored in the Service. A deleted record may remain in backups for as long as those backups are kept (clauses 24.3 and 30.7). DEK Identity data is not deleted together with the Customer's data, but its link to the removed records of the Customer is removed.

31. Amendments to the Terms

31.1. The Operator may amend the Terms and the DPA due to changes in legislation or in the practice of its application, security needs, changes to the functions of the Service, the Plans or third-party services, and also in order to clarify provisions or correct errors.

31.2. The Operator shall give notice of material changes, that is, changes that reduce the Customer's rights, increase its obligations or liability or change the use of Client Data, at least 30 days before they take effect, by email to the Owner and by a notice in the Service, and shall publish the new version of the Terms with its effective date at https://dek.lt/terms. The Operator records the fact and date of sending the notice. Clause 9.6 applies to price changes.

31.3. Changes required by mandatory rules of law, a court or a competent authority, as well as changes that are solely favourable to the Customer (that do not reduce any rights of the Customer or increase its obligations) or of an editorial nature, may take effect earlier, including on the date of their publication. This clause does not apply to the changes referred to in clause 31.5, except those required by mandatory rules of law, a court or an authority.

31.4. If the Customer does not agree to a material change, it may, before the change takes effect, terminate the Agreement without additional charges and receive a proportionate part of the fee for the unused paid period.

31.5. Changes that increase the Customer's obligations or liability, limit the Operator's liability or provide for a new use of Client Data apply to the Customer from the time the Owner expressly approves them in the Service. If they are not approved by the effective date, the previous version of the Terms continues to apply to the Customer, and the Operator may terminate the Agreement by giving at least 30 days' notice; until the end of the Agreement the Service is provided as usual, Section 30 applies, and the Customer is refunded a proportionate part of the fee for the unused paid period. Other material changes apply to the Customer from their effective date, unless the Customer terminates the Agreement before that date.

31.6. Clause 1.7 applies to the transition of existing Customers to this version of the Terms. If an Account was created before 2026-09-21, this version of the Terms was not accepted at the time of its creation, and the Owner does not confirm this version of the Terms by 2026-10-21, the Operator may terminate the Agreement by giving at least 30 days' notice; until the end of the Agreement the Service is provided as usual, Section 30 applies, and the Customer is refunded a proportionate part of the fee for the unused paid period. Previous versions are available in accordance with clause 1.6.

32. Notices and Complaints

32.1. The Operator sends notices to the Customer at the Owner's email address or provides them in the Service; where there are several Owners, a notice to any one of them is deemed to be notice to the Customer. The Operator may also send urgent security notices to other Users. The Customer may not opt out of notices relating to the performance of the Agreement (for example, concerning security, billing or amendments to the Terms).

32.2. A notice sent by email is deemed to be received on the Business Day following its sending, and a notice provided in the Service on the Business Day following its publication, unless proven otherwise.

32.3. The Customer sends notices to the Operator by email to pagalba@majevski.com from the Owner's email address or together with proof that the sender is entitled to represent the Customer. A notice is deemed to be received on the Business Day following its sending.

32.4. The Customer shall ensure that the Owner's email address works and is checked. The Operator is not liable for consequences arising from the Customer not receiving a notice because the address does not work or is not checked.

32.5. The Customer shall submit complaints about the Service in writing by email to pagalba@majevski.com, stating the Account, the problem, when it arose and the Customer's demand. The Operator may request additional information and proof that the person submitting the complaint is entitled to act on behalf of the Customer.

32.6. The Operator shall examine and respond to a complaint within a reasonable time, as a rule no later than 14 days after receiving all the necessary information. Submitting a complaint does not release the Customer from the obligation to pay fees.

33. Assignment, Subcontractors and Miscellaneous

33.1. The Operator may engage subcontractors and Sub-processors. Where it engages them, the Operator remains responsible to the Customer for the performance of the Agreement, except in the cases referred to in clause 7.5; the DPA applies to Sub-processors.

33.2. The Customer agrees in advance that the Operator may assign all of its rights and obligations under the Agreement to an acquirer of the Service business or part of it, or to its legal successor, by notifying the Customer at least 30 days in advance. If the Customer does not agree, it may terminate the Agreement before the assignment and receive a proportionate part of the fee for the unused paid period.

33.3. The Customer may not assign its rights and obligations under the Agreement without the Operator's prior written consent, except for succession by operation of law. The Customer shall contact the Operator regarding the transfer of the Account to another business (for example, upon a sale of the business).

33.4. The Agreement does not create a joint activity (partnership), agency or employment relationship between the parties.

33.5. The Agreement constitutes the entire agreement between the parties concerning the Service. Advertising, marketing, Help Centre and other statements of the Operator on the website or elsewhere are not terms of the Agreement and do not create additional obligations of the Operator unless they are included in the Agreement.

33.6. If the documents forming the Agreement conflict with one another, the following order of precedence applies: 1) mandatory rules of law; 2) a separate written agreement between the parties concluded in the form set out in clause 2.21, to the extent that it expressly departs from the Terms; 3) the DPA, on matters of processing Client Data under Article 28 of Regulation (EU) 2016/679, provided that the DPA, including its previous versions, does not change the limits of liability set out in Sections 25 and 26 or the commitments and time limits regarding availability of the Service, backups, provision of data and deletion set out in Sections 24 and 30; on these matters the Terms apply; 4) these Terms; 5) the Price List, on matters of Plan prices, functions and limits. The Privacy Policy and the Help Centre are not part of the Agreement and do not change its terms.

33.7. If any provision of the Agreement is held to be invalid or unenforceable, the other provisions remain in force if the Agreement would have been concluded without that provision (Article 1.96 of the Civil Code of the Republic of Lithuania). The parties shall replace the invalid provision with a lawful provision that is closest in economic effect to the replaced provision.

33.8. A party's delay in exercising a right does not constitute a waiver of that right. A waiver of a right is valid only if made in writing, and a waiver of rights relating to the matters referred to in clause 2.21, payments or set-off is valid only if made in a separate document signed by the waiving party (including by electronic signature); the Operator's support replies are not regarded as a waiver of such rights.

34. Governing Law, Disputes and Languages

34.1. The Agreement is governed by the law of the Republic of Lithuania.

34.2. Disputes shall first be resolved by negotiation. A party shall submit a written claim to the other party stating the circumstances and its demands, and the parties shall seek to resolve the dispute within 30 days of receipt of the claim. This procedure does not prevent a party from applying to a court for interim measures, for recovery of an undisputed debt, or where delay would result in expiry of the limitation period.

34.3. Disputes not resolved by negotiation shall be resolved by the courts of the Republic of Lithuania having jurisdiction over the place of the Operator's registered office, in accordance with the rules on subject-matter jurisdiction. This provision constitutes an agreement of the parties on jurisdiction under the Code of Civil Procedure of the Republic of Lithuania and Article 25 of Regulation (EU) No 1215/2012.

34.4. The Operator communicates with the Customer in Lithuanian or English and, where possible, also in the other languages of the Service.

34.5. These Terms were drafted in Lithuanian and are published in Lithuanian, English, Polish and Russian. The Lithuanian text is the original, and the versions in other languages are translations of it. If the versions differ, the Lithuanian version prevails, except where the discrepancy arose from a translation error and the Customer, having concluded the Agreement in another language, relied in good faith on the version in that language; in that case the version in which the Customer concluded the Agreement applies in respect of that Customer.

35. Operator Details

35.1. The Service is provided by Majevski, MB, legal entity code 304720404, registered office address Smalinės g. 21-3, LT-06225, Vilnius, Lietuva. Data about the Operator is collected and stored in the Register of Legal Entities of the Republic of Lithuania.

35.2. Email for general enquiries, notices, complaints, notices of unlawful content and requests from authorities: pagalba@majevski.com. Service website: https://dek.lt.

35.3. Related documents: Data Processing Agreement, Privacy Policy, Client Notice Template, Cookie Policy and Price List. The current version of the Terms is published at https://dek.lt/terms.