Terms and Conditions

a. This document contains the terms and conditions for the use of theMarketer services, theMarketer platform, including the sections of theMarketer.com website that reference or feature services or matters of any kind related to the business covered by this Agreement, and any type of service offered by theMarketer through any channel, website, domain or subdomain it operates (the "Terms and Conditions"). It determines the conditions under which beneficiaries can access and use the services offered by theMarketer and initiate and conduct business with it.

b. In the context of these Terms and Conditions:

"Provider", theMarketer or "theMarketer.com" refers hereinafter to S.C The Marketer International Srl, Sector 1, Postal Code 014142, Nicolae G. Caranfil Street no. 49, floor 1, Trade Register Code: J40/7641/21.04.2022, Fiscal Code: RO46003544 email: iam@themarketer.com, phone number: +40724470432;

In this Agreement, theMarketer refers to theMarketer Platform, the applications with any module or component, the sites, domains and subdomains owned or managed by theMarketer.

"Service" refers to any services offered by theMarketer through the platform, websites, applications with any other module or component thereof and/or other subdomains or domains that theMarketer uses to fulfill its contractual obligations. These include, but are not limited to, themarketer.com, app.themarketer.com, t.themarketer.com, mktr1.com, mktr.me;

"Application" refers to theMarketer;

"Website" hereinafter refers to www.themarketer.com, with all its pages, domains and subdomains;

"User" refers to any person who visits or accesses www.themarketer.com;

"Beneficiary" herein refers to any person (including any user) who creates an account on theMarketer, wishes to use theMarketer in any way or actually uses theMarketer services;

c. Failure to comply with these Terms and Conditions or any of their provisions requires the User/Beneficiary to immediately stop accessing theMarketer. Your continued access to theMarketer on any of its pages and/or use of the service and any component thereof constitutes your full and unconditional acceptance of the Terms and Conditions and any of their provisions.

d. By registering, the User fully and unconditionally accepts the provisions of these Terms and Conditions and agrees to use the Service in accordance with them, including the use of the Service for a trial period or demo account, if the Provider offers this facility. Users who create an account on theMarketer understand and agree that the use of their account, as well as any access or visit to theMarketer platform or any of its pages and/or use of the service, as well as any component thereof, constitutes an acceptance, in full and unconditionally, of the Terms and Conditions and any of their provisions; failure to accept the Terms and Conditions by the aforementioned users entails the obligation to cease accessing theMarketer.

e. Beneficiaries agree to provide, when registering on theMarketer, when accessing and using the service, and in any access and use of theMarketer, valid data and information to provide or benefit from theMarketer services.

f. Beneficiaries understand and agree that in the event of breach in any way and in any capacity of any provision of the Terms and Conditions, Provider shall be able to choose, in its sole discretion, to suspend in whole or in part Beneficiary's access to any theMarketer service.com, such as: not publishing or not sending any content submitted by the Beneficiary; permanently prohibiting access to one or more facilities offered by theMarketer; cancelling the User/Beneficiary's account on theMarketer, without warning or notification and without requiring any other formalities in this regard. Suspension of all or part of the Beneficiary's access to any theMarketer.com service does not entail a refund of the amounts paid in advance for the subscription.

g. The Beneficiary undertakes to protect itself from spam traffic and malicious bots (website access systems without human components, designed to access each page of the website by imitating actions of the Beneficiary's customers) that could affect theMarketer services. Thus, the Beneficiary is solely responsible in the event that the volume of traffic picked up by the provider on its servers will include spam and bot traffic. To avoid any other interpretation, the Beneficiary may not under any circumstances invoke that the Provider's takeover of traffic volume on the Beneficiary's servers includes spam and bot traffic.

h. Services offered under these Terms and Conditions are services available on the Beneficiary's account and implemented by them on their own website, such as targeting and automated marketing services, including personalized communications or administration of loyalty programs for the Beneficiary's customers, as publicly described at https://www.themarketer.com/. Due to the intrinsic nature of these services, they are only offered in a B2B format - only to businesses or private individuals acting in their professional capacity.

i. Beneficiaries' subscriber lists are stored on a secure server by theMarketer. In any event, we will not misappropriate your listings, contact people on your listings, sell to people on your listings, sell your listings or share your listings with any other party, unless required by law or expressly permitted by you. If someone on your list files a complaint or contacts us, we will forward the request to you and await instructions on how you wish to proceed further. Only authorized employees have access to view Distribution Lists. Any personal data from the Beneficiaries will be processed in accordance with the Personal Data Processing Agreement in Annex 1.

j. The Beneficiary is responsible for verifying that the services offered by theMarketer.com comply with the applicable laws of the countries in which it operates. The implementation of the Best Practice Guidelines available on https://www.themarketer.com/data-processing-addendum is the responsibility of the Beneficiary.

a. Users can benefit from the services offered by the Provider by creating an account and becoming a Beneficiary. Upon account creation, Beneficiaries will receive a script that will need to be entered on the Beneficiary's websites in order to start the actual provision of the desired service.

b. TheMarketer's services are based on an application-based technology that tracks the actions taken by visitors to a website and their behaviour, in accordance with the settings made in the Beneficiary's account in theMarketer.

c. Depending on the parameters set, through theMarketer Services the Provider can identify why visitors perform or do not perform certain actions and then communicate with them in a personalized way, sending each one a specific message through various communication channels.

d. Through theMarketer.com Services, messages sent (such as, e.g., emails, dynamic recommendations on the website, SMS, push messages in the browser or app) can be sent via the platform itself or via third-party platforms.

e. Through theMarketer services, the information is obtained from the Beneficiary's website and is sent to the Beneficiary's user based on criteria set by the Beneficiary, but the content is not interfered with in its basic parameters (e.g. name, price). As the Provider does not intervene on the content of the Beneficiary's website, the entire responsibility for the content of the website or communication lies with the Beneficiary.

f. theMarketer services result in the storage of primary information collected about visitors for 3 months, according to the Beneficiary's settings. All these data older than 3 months are automatically deleted. The information created for each client of the Beneficiary will be kept until the end of the business relationship between the Beneficiary and theMarketer. Any Beneficiary has access, at any time, to a database with personalized information about its users through its account or the Provider's support department.

g. If through the use of theMarketer services a visitor is tracked on 2 different websites, the Provider will not use the information from one website for the other website, unless with the express consent of the Beneficiaries. For each website, information is stored separately.

h. Using theMarketer services, when sending messages on behalf of the Beneficiary's company, the sender may appear, depending on the Beneficiary's settings, as follows: The name of the beneficiary through a third party.

i. By offering theMarketer services, the Provider does not sell or rent its databases, they are processed exclusively in the interest of the Beneficiary as detailed in Annex 1.

j. TheMarketer Services may access cookies placed by the Beneficiary as 1st party cookies, but the Beneficiary is obliged to identify the appropriate legal grounds, including notifying and obtaining the consent of all its users for the use of cookies on the Website, if applicable. Detailed information on these issues is available in the Best Practice Guide.

k. Beneficiaries are solely responsible for any contact details (including email addresses and telephone numbers) uploaded to the database for the provision of the service and for the content of messages sent. Under no circumstances may the Beneficiary invoke or extend in any way and to any extent the liability to the Provider for the content of the messages sent as a result of the provision of services, as the Provider only provides a technical service and acts as a hosting service provider for the information provided by the Beneficiary. The Provider's liability is limited to the performance of the services rendered, and not to the content and information transmitted or retrieved from the Beneficiary, which is entirely the responsibility of the Beneficiary.

l. The Provider is not responsible for the performance of the services requested by the Beneficiaries and performed directly in the Provider's platform, if the error is the fault of the Beneficiary. The Provider has no control over the content of the messages sent and cannot verify or monitor in any way whether the services provided comply with the legal provisions to be observed by the Beneficiary. The Provider shall not be liable for any direct or indirect damage caused by the use of the Website or the Service. The entire responsibility lies with the Beneficiary.

m. In the case of using the services for product recommendations on or off the website, the Provider is obliged to notify the Beneficiary that the website recommendations are a fully automated tool that helps online shops to provide fully personalized recommendations by studying the behaviour of online shop visitors. The performance of this service is influenced by the quality and quantity of data provided by the Beneficiary and not by certain actions/actions performed by the Provider. The Beneficiary must decide if, when and how to include or exclude this service on the website. Thus, the Provider shall not be liable for any damage, direct or indirect, caused by the use of the Website or the Service. The responsibility rests entirely with the Beneficiary.

n. With regard to the service of sending emails to a subscriber base called newsletter, the Beneficiary has the possibility to load the subscriber database in its account in the Provider's platform, which database will be used for the purpose of sending emails. The Beneficiary is solely responsible for the integrity of the database and will ensure that the correct and verified information is transmitted to the Provider. The Beneficiary is also responsible for the content sent via email. The same conditions apply to sending SMS and/or push notifications in the browser or app.

o. The Provider provides the Beneficiary with an archive of banner or template graphic material, as well as the structure for generating dynamic, customized newsletters, which will be auto-generated by means of dynamic recommendations and artificial intelligence.

p. The Provider does not monitor or exercise any control over the Beneficiary's data and materials. The Provider acts as a host for content added by the Customer. However, Provider has the right to view, copy and disseminate internally, content from Beneficiaries' emails and to create algorithms and programs to help us identify problem accounts. We may also use these tools to identify Beneficiaries who violate these Terms.

q. The Beneficiary is responsible for the security of access credentials (including username and password or use of the 2FA system). This includes responsibility for any account you have access to, whether or not you have authorised its use. The Beneficiary will immediately notify theMarketer of any unauthorized use of their accounts. theMarketer is not responsible for any loss caused by stolen passwords. theMarketer does not have access to the current password and, for security reasons, theMarketer can only reset the password. The Beneficiary is required to implement and maintain appropriate security measures to ensure the security of personal data processed, as well as accounts created for access to the Provider's Services, including specific obligations that may be required for the processing of special category data.

r. theMarketer does not know the inner workings of the Beneficiary's organization or the nature of personal relationships, therefore theMarketer does not arbitrate disputes over who owns an account. theMarketer may decide who owns an account based on the content of emails in that account and if there is more than one person or entity identified in the content, then theMarketer will rely on the contact information listed for that account.

s. When the Beneficiary sends messages by e-mail, it may pass through several servers on the Internet. Along the way, server administrators can theoretically read what is sent. The email was not built for confidential information. If you have confidential information to email, please do not use theMarketer services.

t. At times theMarketer may review the content of our Beneficiaries' email campaigns to ensure compliance with our Terms and Conditions. To improve this process, theMarketer has software that helps us find email campaigns that may violate our Terms. Our employees or independent contractors can review those email campaigns. This is beneficial to all our Beneficiaries who comply with the Terms and Conditions because, among other things, it reduces the amount of spam sent through our servers and helps maintain a high delivery rate.

u. The Beneficiary warrants that its use of theMarketer service will comply with all applicable laws.

v. The provider makes every effort to provide access to the services offered at all times, but can only guarantee the availability of the service to the extent of 99.8%. The availability period does not include maintenance periods announced in advance by email or within the service, but does include those unannounced maintenance periods. As such, given the dependence of the services offered on Internet access, possible technical and system limitations that may occur, the Provider undertakes an obligation of care regarding the availability of services as per the above percentage. If the Beneficiary has been unable to access the service for reasons attributable to the Provider for a period longer than that mentioned above, the Beneficiary may request a pro rata refund of the subscription paid for the period during which the service was not available.

x. The provider has the right to collect anonymous data about the use of its services and to make it public in aggregate.

y. The Provider reserves the right to use the logo, website or name of the Beneficiary using its Services for public display in its customer list, unless the Beneficiary objects in writing to this.

z. The Provider reserves the right to close the account of the Beneficiary using its Services if the Beneficiary violates theMarketer’s acceptable use policy and uses the Provider’s infrastructure to deliberately send a monthly email volume that exceeds 30 times the size of the Beneficiary’s contact base.

a. Prices for theMarketer services are available on the website - https://themarketer.com/pricing and do not include VAT. In the case of EU Customers, VAT will follow the legal provisions in force at the date of invoice.

b. The Provider will send the invoice immediately after the card payment has been made, and the countervalue is the amount of the billing cycle that starts (upfront billing). The billing interval is 30 calendar days. In case of exceeding the selected rate plan or using the credit for sending SMS, the Beneficiary will have to pay the new plan for the remaining period of that month.

c. Upgrading to a more expensive package is automatic, based on the number of contacts subscribed to at least one of the services available on theMarketer.com platform (newsletter, SMS marketing or Loyalty Program). The Provider will notify the Beneficiary of the change to a higher subscription when the threshold has been exceeded.

d. The purchase of a service package implies a commitment by the Beneficiary for a period of at least 1 calendar month. The parties expressly agree that this contract shall continue to be effective after the first calendar month, for successive periods of 30 days, until terminated in one of the ways provided in paragraph "i" of this section.

e. Payments are processed by the STRIPE payment processor.

f. In case of non-payment of an invoice, the account will be automatically suspended. It will remain suspended for a period of three months, during which time an automatic attempt will be made to debit the card saved in the Beneficiary's account. After this period, in case of failure, with prior notification to the account administrator, the Beneficiary's database will be automatically deleted and the account will be closed. The account will be reactivated only when the Beneficiary pays a new invoice.

g. In case of any fraud attempt of the payment system, the Beneficiary must contact the card issuing bank.

h. If your package includes services from other providers, these services are not included in the listed monthly prices and are specified at https://themarketer.com/pricing. Basically, these additional services include payment for SMS, creative automation, long numbers for SMS marketing and more.

i. Termination of this contract shall occur in one of the following cases: agreement of the parties, expiry of the term, unilateral termination or termination, in the last two cases express written notification by account is required. In the event that the contract is terminated by unilateral termination or by termination, the Beneficiary shall owe payment for the services for the entire contract month in which it gave notice of termination/unilateral termination.

a. Notwithstanding the foregoing clauses, the Provider or its partners are not the authors of material for which another author has been indicated on www.theMarketer.com or another copyright holder or other source, for information provided by Users/Beneficiaries or opinions and/or comments of any kind formulated by Users/Beneficiaries on the Website related to material of any kind posted on www.theMarketer.com or related to content on the Website in general.

b. The content and graphics on www.theMarketer.com belong to the Provider and its partners and represent theMarketer content.

c. The Beneficiary agrees to respect all copyrights and intellectual property rights that theMarketer Provider and its partners own in connection with theMarketer, its content, the service, or any module or component thereof or in connection with their use.

d. Copying, copying, reproduction, publication, transmission, partial or full sale or modified distribution of the content of www.theMarketer.com and or any other theMarketer content for any purpose other than those related to this contract or explicitly indicated by the Provider is prohibited.

e. TheMarketer provider reserves the right to sue any person and/or entity that violates any of the above terms.

f. Any Beneficiary who transmits information or materials to theMarketer in any way undertakes not to infringe in any way any copyright, intellectual property or any other rights that a third party may claim in connection with materials and information sent by any means to theMarketer. Beneficiaries who transmit by any means information and materials understand and accept that the breach in any way of this obligation can in no way involve the liability of the Provider, but only that of the persons concerned.

Any complaint regarding a potential infringement of copyright or other intellectual property rights should be sent by e-mail to iam@themarketer.com.

h. It is strictly forbidden to use theMarketer.com services to transmit content with vulgar or obscene language, illegal, threatening, abusive, indecent, racist, chauvinistic or that could discriminate against anyone in any way or that could violate any human right or freedom of third parties under applicable law.

i. Users/Beneficiaries understand and agree that theMarketer only provides them with a direct marketing platform and that the responsibility is solely theirs for any materials, data and information posted or submitted to theMarketer, regardless of the form or section in which it appears, for their use, access or use of the service and for any facilities offered by theMarketer and for any legal and/or commercial effect derived therefrom.

j. theMarketer is a registered trademark under EUIPO, registration number 018726137/14.10.2022.

a. All aspects of the processing of personal data by the Provider as processor for the Beneficiary (as controller) are regulated in Annex 1.

b. For the issues related to the processing of personal data by the Provider as a controller, these are detailed in the information to data subjects available in the Privacy Policy.

a. All information that is made available to the Parties in the course of negotiations, in connection with requests for tenders, with the conclusion and execution of commercial contracts, as well as in connection with any other pre-contractual, contractual or post-contractual relations that may be established between the Parties is confidential and is at all times the property of the disclosing Party.

b. The Beneficiary has no right to copy, duplicate, disclose to any other person, company, corporation any of the information related to the code, logic and system algorithm of the software used on https://app.themarketer.com, https://www.themarketer.com, domains, subdomains and applications that the Provider owns and/or administers, hardware data or hardware configurations, ideas, know- how, manuals, methods, notes, operating procedures, schemes, processes, designs, protocols, recordings, images, software, specifications, studies, strategies, surveys, techniques, technical specifications or other confidential information. Confidential Information means any information relating to the business of either party which is not publicly available and with which the other party comes into contact in the course of negotiations or during the course of the contract, and information invented, conceived, developed, created, produced, including but not limited to analyses, business plans, collected information, computer programs, databases, concepts, creations, data on current and/or potential customers, lists of Providers or other business partners, reports or other information, data, models, documentation, drawings, remuneration data and any other financial information relating to sales, products, organisation charts, forecasts, formulas, hardware data or hardware configurations, ideas, know-how, manuals, methods, notes, operating procedures, schemes, processes, designs, protocols, records, images, software, specifications, studies, strategies, surveys, techniques, technical specifications, provided by any means and presented in any form (hereinafter referred to as "Information"), which one party makes available to the other party. "Confidential Information" also means any information relating to the existence and content of the relationship between the Parties, as well as any other business or technical data, or the names of employees, disclosed in the course of the negotiation or conduct of the relationship between the Parties, whether in written, oral or electronic form or in any other tangible or intangible form or medium, and whether or not expressly marked "confidential information" or "proprietary information".

c. The Provider is not entitled to copy, duplicate or disclose to any other person, company or corporation any of the information related to the Beneficiary's website, products, pricing policy, commercial strategy, financial information and any other type of information that is not public information, except with the prior consent of the Beneficiary.

d. The Parties will not copy, reproduce, distribute or disclose, in whole or in part, this information to third parties and will not use it for any purpose other than that agreed by the Parties. The information will not be transmitted by electronic means or any other means of communication to third parties, the transmission or placement in the media without mentioning the author being considered a violation of the confidentiality of the information which implicitly brings damage to the owner of that information.

a. Beneficiaries understand and agree that theMarketer may contain links or references to other websites, personal sites (blogs) and otherwise, which are deemed by the Provider to be useful in connection with the Content on www.themarketer.com, but which are not under its control or direction.

b. The Provider is exempt from any liability for the content, opinions expressed on any of the above- mentioned websites, as well as their correctness and accuracy, and the Beneficiaries understand and accept that these websites are not monitored, controlled or checked in any way by the Provider. When Beneficiaries access such websites, they do so at their own risk, knowing that the use of the services offered by these websites is subject to the conditions imposed by the administrators of these websites.

a. The Beneficiary undertakes full responsibility, regardless of its nature (civil, criminal, etc.) for the content of the messages sent, the content on its own website, as well as the content of the dynamic promotion or loyalty campaigns made available to the Beneficiary by the Provider. The Provider cannot be held liable for any campaign or message sent, the Beneficiary being solely responsible before users, before any third party and before the authorities for compliance with legal provisions and for any direct or indirect, material or moral damage caused by possible alleged infringements of third party rights, for any legal consequences arising therefrom or for violation of the law.

To avoid any possible interpretation to the contrary, the Provider can never be held liable, as it has no control over the campaigns carried out, the content of the messages sent and cannot verify or monitor in any way whether the services provided comply with the legal provisions to be respected by the Beneficiary. Therefore, under no circumstances may the Beneficiary invoke or extend in any way and to any extent the liability to the Provider for the content of the messages or promotional or loyalty campaigns sent for the purpose of providing services to the Beneficiary.

b. In no event, regardless of the circumstances invoked, shall the Provider be liable to the Beneficiary in connection with the Services for any amount in excess of the amounts actually paid by the Beneficiary to the Provider. The Beneficiary is required to check the account status on theMarketer, the Beneficiary is solely responsible for the verification and activity of his account.

c. By using the Provider's services, the Beneficiary declares that he/she holds all legal rights for the use of the database with personal data to which messages will be sent, that the information in the databases has been obtained legally, in accordance with the applicable national legislation, respecting the rights of third parties and any legal provisions in force and that the messages are in accordance with the legal provisions in force. Beneficiaries agree that these data will be processed in accordance with Annex 1.

d. The Provider does not undertake any obligation and does not guarantee, implicitly or deliberately, that, as a result of the services rendered, the Beneficiary will obtain a certain result. In this regard, it is understood that the nature of the Provider's obligations falls within the scope of the duties of care, within the meaning of Article 1481 (2) of the Romanian Civil Code, and not of result. Due to the current internet infrastructure, the Provider cannot guarantee that emails sent are actually received by all users. The Provider will use all reasonable endeavours to ensure the provision of the Services and will attempt to correct any errors and omissions as soon as possible.

e. The Provider does not give any warranty and has no liability for the outcome of the services provided at the request of the Beneficiary, for the information made available through www.themarketer.com and theMarketer by Users/Beneficiaries and in no event shall the Provider be liable for any loss or damage which may result from the use of any section, sequence, page on www.theMarketer.com, of the service or from the inability to use it, regardless of its cause or from the misinterpretation of any provision of www.themarketer.com.

f. Users/Beneficiaries understand and agree that the Provider provides Users/Beneficiaries with a hosting platform, so that all services and facilities related to the use of theMarketer, as well as all data, information contained therein are provided "as is", "as available", and Users/Beneficiaries use them at their own risk. Users/Beneficiaries understand and agree that the Service made available on theMarketer is made available on an "as is", "as available" basis and to use it at their own risk. Users/Beneficiaries understand and accept that the provision of the service may be affected by certain objective conditions; and any services offered through theMarketer.com are provided on an "as is", "as available" basis and Users/Beneficiaries use the services at their own risk.

Accordingly, the Provider cannot be held liable in connection with any information and data included in theMarketer content or received from users, including but not limited to those relating to offers, services, data and information related to the use of the service or any other activity related to the use and access of the service and/or www.themarketer.com and theMarketer, as well as any other legal effects derived therefrom.

g. Users/Beneficiaries understand and accept that the Provider is exempt from any liability in the event of any stoppage, interruption, hindrance, malfunction or error in the operation of the www.theMarketer.com and theMarketer website, in the event of technical failures or other errors in the provision of the Service and in any situation where it cannot be proven with certainty that any errors or technical problems of the above are directly and solely the fault of the Provider.

h. Users/Beneficiaries expressly understand and agree that the Provider is exempt from any liability for any direct or indirect damages, including but not limited to loss of profit, business place or other intangible losses resulting from the use of the service or any other aspect related to the service and the use of theMarketer in any way or any legal consequences arising therefrom.

i. Beneficiaries understand and accept that the Provider is exempt from any liability for messages sent, for content sent to users through the Service.

j. In cases of force majeure, the Provider and/or its operators, directors, employees, branches, subsidiaries and representatives shall be fully exempt from liability. Force majeure events include, but are not limited to, technical malfunctions of the company's equipment, non-functioning Internet connections, denial of service attacks, failure of telephone or Internet connections, computer viruses, hacking attacks of any kind and interference with any malicious software, unauthorized access to theMarketer's systems.com, operational errors, strikes, etc. In case of cyberattacks, access by malicious software or unauthorized access to the Beneficiary's account, the Provider is not liable for the consequences thereof which may damage the integrity of the databases or create damage to the Beneficiary's account.

k. Users/Beneficiaries agree to fully protect, insure and indemnify the Provider and/or its operators, directors, employees, affiliates and representatives against any and all claims, demands, actions, fees, losses, damages, costs (including but not limited to attorneys' fees, fees for experts and consultants or executors, legal, notary or performance fees), judgments, decisions, fines, settlements or other liabilities arising out of or in connection with any other action of User/Beneficiary in connection with the use of the Services or any other matter related to the Service.

The rights and obligations of the Users/Beneficiaries and of the Provider, provided in the Terms and Conditions and all legal effects resulting from the Terms and Conditions shall be interpreted and regulated in accordance with the Romanian legislation in force.

The applicable law in the relations between the Provider and the User/Beneficiary/Third party is the Romanian law.

The law applicable to any relationship or effect arising out of the Terms and Conditions, any Service or by accessing www.theMarketer.com and theMarketer is Romanian law.

Any dispute arising out of or relating to these Terms and Conditions shall be settled amicably. In case of impossibility to reach an agreement, the dispute will be settled by the competent court in Romania at the Provider's headquarters. If one of these provisions is invalid, the other provisions will continue to have effect. The clause without legal effects will be replaced by another one, allowed by law and corresponding to the economic purpose of the unwritten clause.

These provisions are supplemented by the provisions of the Civil Code, as well as the Romanian legislation on the subject. By accepting these terms and conditions, each and every one of their clauses is expressly confirmed, there being no objections and the legal provisions concerning standard, non- usual or abusive clauses are not applicable.

Any notice or communication required or permitted to be given by these terms and conditions shall be deemed valid and effective if given in writing and delivered by post, courier or electronic means of communication (email). If the communication/notification is sent by electronic means of communication (e-mail) it will be deemed to have been received on the first working day after the day on which it was sent, and if the communication/notification is sent after 17:00, it will be deemed to have been received on the second working day after the day on which it was sent.

The Provider is entitled to modify at any time and in any manner any of the provisions of the Terms and Conditions or the Terms and Conditions in their entirety, without any prior notice and without being obliged to fulfil any other formality towards the Users / Beneficiaries. Any amendment shall be deemed accepted in full and unconditionally by any User/Beneficiary by simply using or accessing any of the facilities offered by www.themarketer.com, by using the Services or by accessing www.theMarketer.com at any time after an amendment has been made. Failure to accept any change shall result in the obligation of such User/Beneficiary to immediately stop accessing the Beneficiary's account in theMarketer and/or using the Service in any way.

a. The present Terms and Conditions are completed by Annex 1 Personal Data Processing Agreement.

These Terms are version 1.0 and were updated on 29.11.2022 and are available at https://www.themarketer.com/terms-of-use.