GENERAL TERMS AND CONDITIONS
FOR USE OF THE WEBSITE WWW.ABRAXA.COM

Company name: ABRAXA GROUP OOD
Unified Identification Code: 204560678
VAT No.: BG 204560678
Seat and registered address: Varna, 9010, Primorski park 536, #271, office P-003
Contact Phone: +359 888 550687
Email: contact@abraxa.com

In these General Terms, the terms listed below will have the following meaning:

3.1. The use of the Website is conditioned upon User‘s acceptance of this General Terms. By accessing or using this Website and any of the content or services provided through the Website, the User acknowledges that he has read, understands and agrees to the terms and conditions below.

3.2. Users must be at least 18 years old (or the age of majority of the individual’s relevant country), be legally authorized to enter into contractual obligations, have the requisite consent or authority to act for or on behalf of any persons the User is representing and must use the Website in accordance with these General Terms.

3.3. If the User accepts these General Terms on behalf of their employer or acting as an employee, the User warrants that has been authorized to enter into legally binding contracts on behalf of the employer. If the User does not agree to these General Terms, shall cease use of the Website immediately.

3.4. With a view to periodically supplementing and modifying the services provided by Abraxa, their improvement and expansion, as well as possible legislative changes that may affect them, the General Terms might be amended by Abraxa periodically. Changes to the General Terms will take effect from the date of their announcement on the Website. Users who disagree with the changes to the General Terms have the right to delete their Accounts and to discontinue the use of the Website and or the Services provided through the Website.

4.1. In order to use all or part of the Services available from time to time on the Website, the User might be required first to sign up for an Account.

4.2. Registration of the Account is considered to be done upon completion by the User of a registration form available through the Website. The fields that must be filled in are marked with an asterisk. The User might also be required to tick the “I agree to the Terms of Service” checkbox in order to declare that the User is familiar with the General Terms and accepts them in full.

4.3. The User agrees to provide true and complete information when filling in the registration form in the Website. In the event of a change in the requested circumstances at the time of the initial registration, the User undertakes to update the relevant data in the Account immediately.

4.4. Abraxa is a SaaS (Software as a Service) cloud-based software, which is licensed per user (a separate license is required for each individual user). As part of the registration process, Customer will identify an administrative user name and password for Customer’s company account. Each licensed user has an account for access to the Software through a user name and a password specified by the user. Except where Customer has signed up for free subscription plan, the use of the Software by Customer is limited to the number of single users for which Customer has paid Company license fees, providing that the Customer may change authorized users or add user licenses in accordance with the terms set out herein. In case of Premium subscription plans, additional users are permitted only if the number of authorized users has been increased in consideration of payment of additional license fee to the Company.

4.5. The User is solely responsible for protecting the privacy of the email and password that identifies the User for the use of the Website as well as for third party actions with the same. In case of suspicion of unauthorized access, stolen or lost email and/or password, the User should immediately notify Abraxa to terminate access to User’s personal information and avoid unauthorized actions with the User’s Account. The User is solely responsible for any damages that may arise to them, to Abraxa or to third parties due to unauthorized use of his username and password where such damages that arise is due to the fault of Customer.

4.6. Unless otherwise agreed, at any time Customer can choose to increase the number of the users authorized to use the Software and/or to upgrade its package of the Software and the Services to a more expensive package that the Company is marketing at that time via an order to the Company. Subject to a confirmation of the Customer’s order by the Company, the Charges payable by the Customer will be increased accordingly and the Customer shall be billed for such an upgrade with an additional charge covering the period until the expiry of the Term of the Agreement and payable before the Customer starts using the respective upgrade.

4.7. The Customer must pay all Charges to the Company thirty (30) days from the date of the invoice by bank transfer to a bank account notified by the Company to the Customer from time to time. The Company will provide the Customer with notice of non-payment of any amount due. Unless the full amount has been paid, the Company may suspend Customer’s access to any or all of the Software and the Services ten (10) days after such notice.

4.8. If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. 

5.1. The contents of the Website are provided “as is” and “as available” basis without any warranties of any kind or nature, explicit or implied. Such warranties include but are not limited to: availability, accuracy, reliability, punctuality, completeness, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property rights or other related rights. Apart from the above, Abraxa does not guarantee or make any representations as to the accuracy, probable performance or reliability of the use of such materials for other purposes on the Internet.

5.2. Abraxa shall not be held liable in the event of unsuccessful registration via the Website, or in the event that access to any part of the Website is unavailable at any given time, or access is degraded for any reason whatsoever. Abraxa is not responsible for damages caused to software and hardware or for the loss of data arising from materials or resources used in any way through the Website.

5.3 Users expressly understands and agrees that Abraxa shall not be liable for any direct and/or indirect damages, including but not limited to, damages for loss of profits/business/opportunity/goodwill/information/data, work stoppage, computer failure or malfunction or other intangible losses resulting from: (i) the use or the inability to use the Website or the Services; (ii) unauthorized access to or alteration of User’s transmissions or data; (iii) any other matter relating to the Services or operation of the Website.

5.4. In no event Abraxa shall be held liable for any harm, loss or damage resulting from User’s relationships and agreements with other Users and/ or any third parties. The provisions set forth in this clause shall extend to third party services and products Users might have been directed to via any third party links, whether posted by Abraxa or any other User.

5.5. Whilst Abraxa makes all reasonable attempts to exclude viruses from the Website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, Users are recommended to take all appropriate safeguards before downloading information from the Website.

5.6. The Software is provided “as is” with all faults, defects, bugs and errors. Company makes no warranties or representations relating to the Software, express or implied, statutory or otherwise, and expressly excludes the warranty of non-infringement of third-party rights, fitness for a particular purpose or merchantability. Abraxa does not warrant that the Software will satisfy Customer’s requirements, that the Software is without defect or error or that operation of the Software will be uninterrupted.

5.7. Abraxa shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to force majour including without limitation any act of God, electricity/ecelctronic/Internet failure, any act or omission of government or regulatory bodies or communications operators, etc.

5.8. Abraxa and its third parties data contributors provide the data “as is” and make no guarantee and assumes no liability that any information uploaded at the platform is accurate or complete. Recipients shall bear full responsibility and risk as to the accuracy, completeness, usefulness, performance and results of the used information.

6.1. User acknowledges and agrees that Abraxa cannot be responsible or liable for any User Content. User agrees to exercise access to User Content only at their own risk and with care and discretion.

6.2. User declares and warrants that the User Content does not violate any rights of third parties arising from the law and/or contract, including, by way of example, the rights related to the author, trademarks, patents, trade secrets, confidentiality and any other proprietary or personal rights.

6.3. Abraxa retains the right to remove any User Content for any or no reason that in our judgment violates these General Terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.

6.4. Abraxa reserves the right to remove User Content placed on the Website at Abraxa’s sole and absolute discretion and without warning if it is notified by a third party that the aforesaid placement has infringed their rights to that content.

7.1. Materials uploaded to the Website may include technical, printed or photographic errors. Abraxa may make changes to the materials contained in the Website at any time and without notice but does not undertake any commitment to update the materials.

7.2. Abraxa may terminate, change, add to, suspend or discontinue any aspect of the Website and the Services (with respect to an individual User or all Users), including the availability of any features of the Website, at any time, for any reason and without notice to Users. Abraxa may also impose limits on certain features and Services or restrict access to parts of or the entire Website without notice or liability. Abraxa may terminate the authorization, rights and license given to Users, as provided herein, at any time, for any reason and without notice to you.

7.3. Abraxa may from time to time provide updates to the Software. Such updates may occur automatically or may need to be implemented. The Software or the Services may not operate properly or at all if upgrades or new versions are not implemented by the Customer. The Company does not guarantee that the Company will make any updates available for the Software, or that such updates will continue to support the Customer’s equipment or system. Abraxa shall use reasonable efforts to notify Customer prior to the introduction of any update or upgrade of the Software for distribution to the general public and shall make such update and upgrade available to the Customer. Company reserves the right to decide, in its sole discretion, whether to make an update or upgrade available at no additional charge or as a separately-priced item. “Updates” means any “bug” fixes or error corrections of the Software or any component thereof. “Upgrades” means minor enhancements to functionality and other minor modifications to the Software that are not updates. Company reserves the right to introduce new features that are not included in the free updates or upgrades of the Software.

VIII. COPYRIGHT AND TRADEMARK INFORMATION
8.1. The Website is Abraxa’s exclusive property.

8.2. All software and content included on the Website, such as text, images, and logos, are the owned or licensed property of Abraxa, its licensors or content suppliers and are protected by Bulgarian and other national copyright laws. Abraxa grant permission to User to view and use the content made available on the Website in connection with the use of the Website. Otherwise, no material from this Website or any other website owned, operated, licensed, or controlled by Abraxa or any of its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way except as expressly permitted in these General Terms. Modification of the materials or use of the materials for any other purpose is a violation of Abraxa’s copyright and other proprietary rights. Any product, process or technology described in this Website may be the subject of other intellectual property rights reserved by Abraxa or its affiliates and are not licensed hereunder. User has no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Website or any materials and User undertakes not to “frame” or “mirror” the Website.

8.3. All names, images, logos identifying Abraxa are proprietary marks of Abraxa. All third party brand, product, service and company names contained on this Website are the trademarks, service marks and trade names of their respective holders. Abraxa does not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders’ rights.

IX. OTHER PROVISIONS
9.1. All disputes arising in connection with or relating to these General Terms shall be resolved by mutual agreement between the parties and, in case of impossibility, by the competent Bulgarian court.

9.2. For the issues not settled in these General Terms, the provisions of the legislation in force in the Republic of Bulgaria shall apply.

9.3. The Website may contain, and other Users or third parties may provide, advertisements for or links to other websites or resources. These sites and resources are not controlled by Abraxa. Such links are provided for the User’s convenience only. Abraxa does not control such websites, and is not responsible for their content. Abraxa’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites. External websites and resources are not subject to these General Terms, and may be subject to other terms and conditions or policies posted therein. Because Abraxa has no control over such sites and resources, the User acknowledges and agrees that Abraxa is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such sites or resources. The User further acknowledges and agrees that Abraxa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any goods or services available on or through any external site or resource. The use of external sites or resources is at User’s own risk.

9.4. Abraxa reserves the right temporarily or permanently to discontinue the provision of part and/or all Services.

9.5. Abraxa has the right to cancel and delete the User’s Account entirely if:

a. The User provided false or incomplete information;

b. The User is in breach of the current General Terms and fails to remedy the breach within the period of 3 days following the giving of a notice by Abraxa requiring the breach to be remedied;

c. Force majeure or for other objective reasons, including, but not limited to, an order of the competent governmental authorities to discontinue the performance of part or all of the Services provided through the Website;

d. Abraxa has suspended the Website.

9.6. The User is at any time entitled, at his own discretion, to discontinue use of the Website and/or the use of the Services by deactivating their Account.

9.7. The electronic statements and communications provided in these General Terms are considered valid if they are made in the form of e-mails, filling-in a contact form on the Website, and so on, as long as the statement is recorded technically in a way that enables it to be replicated.

These General Terms are in force since 18.06.2019. The General Terms have been last updated on 09.01.2024. Upon any change to and / or addition to the General Terms, Abraxa shall update the published General Terms that become mandatory for Users and for Abraxa from the time of publication of the relevant update.