General terms of use

Legal information and purpose of these General Terms and Conditions of Use

These General Terms and Conditions of Use of the company Ecomeo OÜ (hereinafter "General Terms and Conditions of Use") - whose full contact details are available in the General Terms and Conditions of Use, accessible from the footer of the site.

(hereinafter "Lenasto") - are intended to define the conditions of use of the website lenasto.com (hereinafter the "Site") published and operated by Lenasto.

The terms and conditions for selling products from the Site are defined in Lenasto's General Terms and Conditions of Sale, accessible from the website footer.

The terms of use for the paid services accessible from the Site are defined in the General Terms of Service of Lenasto, accessible from the footer of the site.

Lenasto's customer service can be reached by email at contact@lenasto.com

The site is hosted by WP Engine Inc., 504 Lavaca, Suite 1000, Austin, TX 78701, USA.

Lenasto reserves the right to modify these General Terms and Conditions of Use at any time.

Definitions

For the purposes of these General Terms of Use, capitalized terms, whether used in the singular or plural, have the following meanings:

  • General Terms of Use: refers to these General Terms of Use;
  • Privacy Policy: refers to the privacy and personal data protection policy for Internet users implemented by Lenasto and accessible from the website footer, which forms an integral part of these General Terms and Conditions of Use;
  • Personal Data: refers to the personal data of the Internet user collected and processed by Lenasto in the context of consulting the Site, such as, where applicable, the creation and management of his Account and the provision of Services, and this under the conditions and terms as defined in the Privacy Policies;
  • Internet user: refers to all internet users, visitors to the Site, whether they are Customers (within the meaning of the General Terms and Conditions of Sale accessible from the footer of the site) and/or Subscribers (within the meaning of the General Terms and Conditions of Service accessible from the footer of the site) or not;
  • Products: refers to the products sold by Lenasto from the Site;
  • Services: refers to the functionalities and services as determined in Article IV made available to Internet users and accessible from the Site and, for some of the services, following the prior creation of an account and acceptance of the General Terms of Service accessible from the footer of the site;
  • Site: refers to the website published by the company Ecomeo OÜ, accessible in particular via the URL address lenasto.com;
  • Lenasto: refers to the company Ecomeo OÜ, whose registered office is located at Lõõtsa tn 2a, 11415 Tallinn, Estonia, registered under number 16563515.

Scope, acceptance and modification of the General Terms and Conditions of Use

The General Terms and Conditions of Use are intended to define the conditions under which Internet users can access the Site and benefit from the Services.

Access to or use of all or part of the Site and/or Services implies the User's unrestricted and unreserved acceptance of these General Terms and Conditions of Use.

These General Terms of Use may be subject to change; the applicable terms are those in force and accessible on the Site on the date of access to the Site by the Internet user.

Description of Services

The Site allows Internet users to access paid services, detailed in the General Terms of Service accessible from the footer of the site, after creating an account and subject to prior acceptance of said General Terms of Service.

All the Services provided by Lenasto and made available to the Internet user are detailed on the Site.

Furthermore, it is noted that the Site also allows Customers to purchase Products whose General Terms and Conditions of Sale are accessible from the footer of the site.

Access and Availability of Services

Lenasto makes its best efforts to make its Services available 24 hours a day, 7 days a week, regardless of maintenance operations on said Services and/or the Site.

However, Lenasto reserves the right to interrupt access to all or part of the Services for maintenance and/or improvement work. These interruptions of the Services and/or the Website will, to the extent possible, be notified to the User in advance, in particular by posting an alert message on the Website. In case of emergency, Lenasto nevertheless reserves the right to suspend, partially or totally, for a reasonable period, all or part of the Services and/or the Website to carry out any necessary technical operation. These interruptions of the Services and/or the Website will not give rise to any compensation for the User, including if these interruptions occur during the Customer's Product purchase process.

In this respect, Lenasto is bound by an obligation of means.

Guarantees – Responsibilities

By accessing the Site, the User declares, guarantees and agrees to:

  • access and use the Site and/or Services in good faith, in a reasonable manner, not contrary to the terms of these General Terms of Use;
  • not to use any devices or software other than those provided by Lenasto intended to i) affect or attempt to affect the proper functioning of the Site and/or the Services ii) or to extract, modify, consult, even in buffer or temporary memory, or for individual use, all or part of the Site and/or the Services and/or the Products;
  • not to access and/or use the Site and/or the Services and/or the Products for unlawful purposes and/or with the aim of causing harm to the reputation and/or image of Lenasto and/or Internet users, or more generally to infringe the rights, including intellectual property rights, of Lenasto and/or third parties, including Internet users;
  • not to market directly or indirectly the Products, Services and/or access to the Services and/or the Site and/or the Products;
  • not to reuse or exploit all or part of the Site and/or the Services it contains, in particular for commercial and/or collective purposes and/or for personal purposes in a form and/or medium not authorized by Lenasto and/or Internet users;
  • not to reproduce, represent all or part of the Site and/or Services for private purposes beyond the legal exceptions provided for, in particular by the Intellectual Property Code, or for direct or indirect commercialization, in particular to third parties;
  • not to limit access to and use of the Site and/or Services;
  • do not modify, including in buffer or temporary memory, any mention or element of the Site and/or Services;
  • to ensure that the use of the Site and/or Services does not affect or compromise the stability, security and quality of the Site and/or Services, the networks, bandwidth, or infrastructure of Lenasto, other Internet users and/or third parties;
  • not to contravene the provisions of articles 323-1 to 323-7 of the Penal Code which punish so-called "hacking" practices;

In the event of a breach of any of these obligations, without this list being exhaustive, the Internet user is informed that Lenasto will have the right to refuse or suspend, unilaterally and without prior notice, access to all or part of the Services and/or the Site and to suspend, where appropriate, access to his Account.

Advertisement

Lenasto reserves the right to display advertising or promotional messages on the Site, including within the framework of the Services.

Limitation of liability

The Internet user is solely responsible for their use of the Site, as well as the Services they access from the Site.

Lenasto cannot under any circumstances be held responsible in the context of proceedings brought against the Internet user who has been found guilty of non-compliant use of the Site and/or Services.

The Internet user acknowledges and accepts in this regard that he will personally handle any claim or procedure brought against Lenasto, due to his non-compliant use of the Services and/or the Site.

The Site may contain hyperlinks to third-party websites.

In this regard, given the ephemeral nature of the content that may be disseminated on the websites to which said hyperlinks point, Lenasto cannot be held liable in the event that the content of said third-party websites contravenes the legal and/or regulatory provisions in force.

In any event, Lenasto cannot be held responsible:

  • in the event of unavailability of the Services for reasons such as failure of the public electricity network, failure of cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, including the Internet user, for any cause whatsoever, including strikes, storms, earthquakes or any other cause having the characteristics of force majeure;
  • in the event of use of the Site and/or Services by any Internet user under conditions that do not comply with the terms of these General Terms of Use or the General Terms of Service;
  • within the limits of applicable law, for any indirect damage, including but not limited to loss of profit, data or any other loss of intangible assets, even if Lenasto has been informed of the possibility of such damage, which may arise (i) from the use or inability to use the Site and/or the Services (ii) from access to the Site and/or said Services by an unauthorized Internet user.

Lenasto cannot be held responsible for any malfunction of any kind relating to the Internet user's computer equipment and their internet access connection, when accessing the Site and more generally the Services.

In particular, Lenasto cannot guarantee the User of the Services against problems with access speeds to the Site and/or the Services and/or buffering speed of the User's computer that he or she may encounter.

Force majeure

Lenasto cannot be held liable if the performance of any of its obligations is prevented or delayed due to force majeure as defined by Estonian case law, including natural disasters, fires, malfunction or interruption of the telecommunications or electrical network.

Intellectual property

Copyright on the Site

Lenasto owns or has been granted the intellectual property rights to both the overall structure of the Site and its content (texts, slogans, graphics, images, videos, photos, programs, Products, and other content). Therefore, without prejudice to the provisions of Article XD, any representation, reproduction, modification, alteration, and/or total or partial exploitation of the Site and/or the Services and/or the Products, by any means whatsoever and on any medium whatsoever, without the express prior authorization of Lenasto, is prohibited and constitutes copyright infringement.

Similarly, any unauthorized use of the Site and/or Services and/or Products will result in the Internet user being held criminally and civilly liable on the grounds of copyright infringement.

The User acknowledges and accepts that access to the Site and/or the Services and/or the Products made available by Lenasto cannot entail any transfer or granting of intellectual property rights (including copyrights) and other personality rights (right to image, right to respect for private life) to the User.

Access to the Site and the Services and Products is exclusively limited to the private and personal use of the Internet user under the conditions and limits defined in these General Terms of Use.

Distinguishing features

The trademarks, logos, company names, acronyms, trade names, signs and/or domain names of Lenasto and/or its commercial partners mentioned on the Site and/or Products made available by Lenasto on the Site, constitute distinctive signs that may not be used without the express prior authorization of their owner.

Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, usurpation of company name, trade name and domain name engaging the tortious civil liability of its author.

Hyperlinks

Hyperlinks accessible on the Site and/or within the Services, to other websites and generally to all existing resources on the Internet, cannot engage the responsibility of Lenasto.

The Internet user may not under any circumstances set up hyperlinks to deep pages of the Site, allowing access to the Services, by any technical process intended to bypass the Client's identification field or to extract all or part of the content of the Services made available by Lenasto.

The "framing" technique is prohibited, except with the express prior authorization of Lenasto.

Databases

The User irrevocably acknowledges that the Site and the Services, including the structure and/or arrangement of the Products, consist of one or more databases made available to Users by Lenasto as producer of said databases within the meaning of the provisions of Articles L.341-1 et seq. of the Intellectual Property Code.

Therefore, in accordance with the provisions of Article L. 342-1 of the same Code, the Internet user is prohibited from:

  • the extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Site and/or the Services, including the structure and/or arrangement of the Products, onto another medium, by any means and in any form whatsoever, including for purposes of use or consultation by a medium and/or process not authorized by Lenasto;
  • the reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Site and/or the Services, including the structure and/or arrangement of the Products, in any form whatsoever, including by hyperlink, media and/or process(es) not authorized by Lenasto;
  • the creation, editing, maintenance, updating, importing, exporting, making available to third parties, free of charge or for a fee, and participation in the aforementioned acts, of a competing database derived from all or part of one or more of Lenasto's databases;
  • viewing on a screen by any means or medium other than those by which Lenasto intends to disclose the Site and Services, including the structure and/or arrangement of the Products;
  • In general, any extraction, use, storage, reproduction, representation or retention, direct or indirect, partial or total, including in buffer or temporary memory, qualitatively or quantitatively substantial of the content of one or more of Lenasto's databases, committed by one of the processes referred to above is strictly prohibited, including by a medium not authorized by Lenasto.

Content of the Services

The User acknowledges and accepts that access to the Site and the Services made available to him by Lenasto cannot entail any transfer or grant of intellectual property rights (including copyrights) and other rights to his benefit, with the exception of those relating to the terms and conditions of the General Terms and Conditions of Sale and General Terms and Conditions of Service.

The Internet user acknowledges and accepts that the private and personal use granted to him by Lenasto, under the heading of access to its Services, specifically excludes access to the Services for the purpose of collective use of its content, reproduction, representation, resale, exchange, rental, transfer to a third party, modification, adaptation, correction, whether free of charge or for a fee, of all or part of the Site, the Services, and their content.

Personal Data Protection

The Internet user's Personal Data is processed in accordance with Lenasto's Privacy Policies, accessible from the website footer.

Assistance – Complaints

For any information, questions, or complaints of a technical nature or relating to the Services, the Client is invited to send their request to the following email address: contact@lenasto.com.

Miscellaneous provisions

Correspondence - Proof

Unless otherwise specified in these General Terms and Conditions of Use, correspondence between Lenasto and the Internet user is primarily conducted via email.

Pursuant to Articles 1366 et seq. of the Civil Code, the Internet user acknowledges and accepts that the information provided by Lenasto by email and/or by the Services and/or the Site shall be valid between him and Lenasto.

Elements such as the time of receipt or transmission, as well as the quality of the data received, shall be considered valid as appearing on the aforementioned media, or as authenticated by Lenasto's computerized procedures, unless the Internet user provides written proof to the contrary.

The scope of proof of the information provided by the Site is that granted to an original in the sense of a written paper document, signed by hand.

Full Terms and Conditions of Use

These General Terms of Use constitute the entire agreement between Lenasto and the User regarding their subject matter. The failure of either party to enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision.

Partial Invalidity

In the event that one or more provisions of these General Terms of Use are considered null, deemed unwritten or declared as such pursuant to a law, regulation or following a decision of a competent court having the authority of res judicata in last resort, the other provisions shall retain their full force and scope and remain fully applicable, unless the invalid provision(s) were of a substantial nature and their disappearance would call into question the contractual balance.

Securities

In case of difficulties of interpretation between one of the headings appearing at the beginning of the clauses of these General Terms of Use, and one of the clauses, the headings shall be declared non-existent.

Applicable law and dispute resolution

These General Terms of Use are governed by Estonian law.

In the event of any dispute arising in connection with these General Terms and Conditions of Use, their interpretation and consequences, or with any acts supplementing or modifying them, the User should contact Lenasto in an attempt to reach an amicable solution. All complaints to Lenasto must be submitted in writing.

In the absence of an amicable settlement, the user can choose:

  • To resort to an amicable mediation solution within a maximum period of one (1) year from the date of the Internet user's written complaint to Lenasto by contacting, (i) either a mediator of their choice, (ii) or by using the online dispute resolution system accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, it being specified that the proposed mediation process cannot be a prerequisite to bringing the matter before the competent courts for the Internet user.
  • To bring his claim before the competent Estonian courts.