TERMS of Use
Softskillspills.com and other Soft Skills Pills websites (collectively, the “Website”) are digital services owned and operated by Tochka 2 Ltd. (“we”, “our”, “us”, “Tochka 2” or Company), with UIC 204253608, and registered office address in Sofia, 53 Velcho Atanasov str., ent. 1, floor 5.
These Terms of Use (or “Terms”) are intended to govern the use of the Website by visitors and users (the “User(s)”) and provide information about the Soft Skills Pills Services (the “Services”), outlined below.
By using the Services on the Website, whether or not a User Account is created, you (hereinafter referred to as “you”, “your”, or “User”) agree to these Terms, which form a legally binding agreement between you and Tochka 2 regarding your use of the Website and the Services. In cases where a specific site sets forth its own terms of service, these Terms will act in conjunction with, and supplement, those specific terms.
If the Service is utilized without the User registering an Account, these Terms shall come into effect from the moment of payment or from the User’s first use of Service, whichever occurs first.
The provision of Services is governed by the following conditions:
I. Definitions
- Account: refers to a distinct profile created by a User on the Website as and when required, in accordance with the guidelines specified by the Website.
- Additional Services: supplementary offerings proposed by Tochka 2, which may be presented to the User following the delivery of the Services.
- Company: – Tochka 2 Ltd., with registration number UIC 204253608, address Bulgaria, Sofia city, 53 Velcho Atanasov str., ent. 1, floor 5,
- Cookies: a small amount of information that a web server sends to a web browser, allowing the server to collect feedback from the browser.
- Materials: text, drawings, photographs, graphics, sketches, presentations, screencasts, surveys and other information provided to the User by Tochka 2 through the Services.
- Order: a formal request made to the Website for purchasing of Services.
- Services: the offerings available on the Website, including the Services under Subscription Service and/or the Team Scan Service.
- Subscription Service: refers to the option available to users to engage in either an annual or monthly subscription plan (“Subscription Options”), providing access to the Services in their current form. Included in this Subscription Service is an automatic payment feature, ensuring uninterrupted access without the necessity for manual payment by the user for each billing period
- Team Scan Service: is an advanced online self-assessment tool crafted by Tochka 2 based on the TReE Team Model, specifically designed to analyze the dynamics of a team chosen by the User (also referred as “TReE Team Scan”). This tool provides a holistic overview of the team’s interactions and functionality. Following the assessment, Tochka 2 generates a detailed analytical report in digital format (“Team Scan Report”). The Team Scan Report presents a comprehensive evaluation of the team’s dynamics, with a focus on uncovering the team’s core strengths and identifying any potential areas of dysfunction.
II. Services
We are dedicated to providing Users of the Services with an interactive and positive experience, while at the same time protecting our rights and the rights of our users.
1. Subscription Service
1.1. The Subscription Service provided by Tochka 2 to a User who has subscribed include access to:
1.1.1. Educational and developmental Materials: Subscribers gain access to a rich collection of bespoke lectures, insightful articles, and practical exercises, all designed using proven, effective models. These resources are tailored to enhance personal growth and skill acquisition in key areas such as communication and leadership.
1.1.2. Diverse information resources: The Subscription Service encompasses a wide range of information resources. These include, but are not limited to, text, graphics, audio and video content, an extensive database, photographs, and more. These materials are not only available on the Tochka 2 website but also integrated within the testing materials provided.
1.2. The Subscription Service is acquired through a subscription-based model, initiated via an Order. Currently, we provide four distinct options (All these options, current and future, are collectively referred to as “Subscription Options” and individually as a “Subscription Option”), each tailored to specific developmental needs:
1.2.1. Let Me Tell You (Giving Feedback Exercise): This option focuses on enhancing the user’s ability to provide constructive and effective feedback.
1.2.2. Anxiety Party (Getting Feedback Exercise): Tailored for Users seeking to improve their skills in receiving and interpreting feedback.
1.2.3. Fight or Flight (Conflict Resolution Exercise): Designed to equip Users with strategies for effective conflict resolution.
1.2.4. Lost in Translation (Clear Communication Exercise): Aims to refine the user’s skills in clear and concise communication.
1.3. Tochka 2 reserves the flexibility to introduce new Subscription Options in the future.
1.4. The prices, features or options of the Services may depend on the Subscription Option you choose (including any usage or overage fees). We do not guarantee that your particular Subscription Option will be offered indefinitely. We reserve the right to change the prices, features included in a particular Subscription Option without notice, provided that such changes shall not take effect until your next applicable subscription term.
1.5. It is important to emphasize that Subscription Options purchases are non-refundable under any circumstances.
2. Team Scan Service
2.1. Tochka 2 offers the Team Scan Service, specifically designed for team managers to evaluate team dynamics, strengths, and weaknesses. This service is tailored to individual team requirements and is not offered as a standard package. The scope and cost of the Team Scan Service are set based on the maximum number of team members anticipated to participate.
2.2. The Team Scan Service is activated when the User submits an Order through the Website. This process entails selecting the desired Team Scan Service, filling out any required information, and confirming the Order following the guidelines provided on the Website. For all relevant and subsequent communications regarding the Team Scan Service, the email address provided by the User in the Order will be the primary mode of contact.
2.3. Upon purchasing the Team Scan Service, the User is required to complete the basic team info questionnaire, providing essential team details such as team name, company information, roles, and positions. Following this, the User will receive a survey webpage link (“Survey Link”) to the main Team Scan Service survey questionnaire (“Survey”), which must be shared with all team members. The Survey must be completed within a 14-day window, beginning from the date and time of the purchase of the Team Scan Service. This deadline will be clearly communicated in the initial email to ensure the User is fully aware of the required time frame. It is important to note that the validity of the Survey Link expires after this 14-day period, irrespective of the number of team members who have completed the Survey. Tochka 2 is not liable for the accuracy of the information provided during the Survey.
2.4. Upon completion of the evaluation process by at least one team member prior to the specified deadline, Tochka 2 will generate and provide a detailed Team Scan Report. This report serves as a comprehensive snapshot of the team’s dynamics, highlighting areas of strength and potential dysfunctions. It is essential for at least one team member to complete the Survey for the Team Scan Report to be produced. The primary objective of the Team Scan Report is to offer insightful and practical data aimed at fostering team cohesion and enhancing performance.
2.5. We reserve the right to amend, supplement, or modify the features of the Team Scan Report, at any time without prior notice.
2.6. Tochka 2 is dedicated to providing Services of high quality that adhere to the standards and specifications detailed in the Service description on our Website. However, it is important to note that while we strive for excellence in our Services, Tochka 2 does not guarantee specific outcomes or improvements in team dynamics as a direct result of utilizing the Team Scan Service.
2.7. The cost of the Team Scan Service is determined by the maximum number of team members who can participate in the Survey. Please note that we retain the right to modify both the prices and the features of our Services at any time, without prior notification. Additionally, we cannot assure the perpetual availability of any specific feature.
2.8. Once the Team Scan Report has been delivered to the User, Tochka 2 considers the Service as fully rendered. Consequently, no refunds will be issued post-delivery. Refunds before the delivery of the Team Scan Report are also not available.
2.9. If the Team Scan Report is not delivered within 30 days from the date of payment, the User is entitled to request a refund of the paid fee. This condition is in place to assure our commitment to timely delivery and User satisfaction.
2.10. If a User is dissatisfied with the delivered Team Scan Report for any reason, they are not entitled to request a refund from Tochka 2. The report is generated based on information provided by the User’s team members, who have been given the Survey Link. It is not designed to meet specific User expectations or requirements but rather to offer a comprehensive snapshot of the team’s dynamics, highlighting areas of strength and potential dysfunctions.
III. Account
1. To access and fully utilize specific features on our Website, including various content, it may be necessary to create an Account. However, we also offer certain Services that can be accessed without the need for an Account. In instances such as submitting an Order to purchase Services, having an Account is not a prerequisite, but you will be required to provide certain essential information.
2. In the event you create and maintain an Account, either directly through our Website or via our partners’ platforms and websites, it is imperative that you supply and continually update your information to ensure it remains accurate and complete. This includes the provision of a valid email address. Your adherence to these guidelines is crucial for maintaining effective communication and service delivery
3. You bear sole responsibility for your Account and all activities that occur under it. This encompasses any harm or damage incurred by us or third parties as a result of unauthorized use of your Account. It is imperative that you safeguard the security of your Account to prevent such occurrences. It is crucial that you handle your password with care to maintain the security of your Account. Transferring your Account to another individual or using someone else’s Account is strictly prohibited. Tochka 2 reserves the right to grant express permission, at its own discretion, for an Account to be accessed by an individual or entity other than the User who registered the Account. In such instances, specific instructions provided by Tochka 2 must be followed. Notwithstanding such permissions, the responsibility for the Account and all activities occurring under it remains solely with the User who registered the Account. Your diligent management of your Account credentials is essential for safeguarding your Account’s integrity. If you become aware or suspect that someone else is using your Account without your permission, or if you have any concerns regarding a breach of security, it is imperative that you notify us immediately. Prompt communication in such instances is crucial to safeguarding your Account and maintaining security.
4. In the event you reach out to us requesting access to an Account, we will only grant such access upon your provision of sufficient information that confirms you as the legitimate owner of the Account. This policy is in place to ensure Account security and protect User privacy.
5. If a User’s account from a social network or other platform (referred to as “User Platform’s Account”) is utilized to access our Services, the agreement will be established with the individual or entity registered as the rightful owner of the User Platform’s Account. In such cases, we retain the right to access essential data from the respective social or other networks for identity verification purposes. This procedure ensures the accuracy and legitimacy of the account owner’s identity.
6. Users must be at least 18 years of age or a legally established entity to create an Account and/or utilize the Services. When a User creates an Account or purchases Services on behalf of a legal entity, they confirm that they have the proper authorization to represent and legally bind that entity.
7. The opening of the Account constitutes an acceptance of our offer to provide you with the Services. Every account opening is subject to acceptance by us, and we may confirm such acceptance to you by sending you a confirmation email. Once access to the Services is granted, it is deemed as an acceptance of the terms, thereby providing the User, be it an individual or a legal entity, with access to the Services available on our Website.
8. If an Account is established or Services are requested in violation of these Тerms, it could result in the termination of the Account or the discontinuation of Services.
IV. Payment terms
1. The User is obligated to make payments for the Service based on the fees established by Tochka 2, which are publicly disclosed on the Website. This practice ensures transparency and accuracy of the fees at the time of each transaction. It is important to note that these fees may undergo periodic updates to align with the evolving nature of our Services.
2. Payment of Subscription Service Fees
2.1. The Subscription Services are offered for a fee (“Subscription Fee”) which covers periods of 1 year, 6 months, or 1 month, depending on the selected period (“Billing Period”). The specific amount of the Subscription Fee is determined by the chosen Subscription Option and Billing Period, all of which can be found on the Website.
2.2. By entering into this Agreement, you acknowledge that your selection of Subscription Option(s) and Billing Period(s) will determine the amount of the recurring charges. You accept full responsibility for all recurring charges until you cancel or modify your Subscription. Tochka 2 will charge your chosen payment method without requiring further authorization from you until you provide prior notice of cancellation or a desire to change your Subscription and/or payment method. It’s important to note that such notices will not impact charges processed before Tochka 2 could reasonably take action.
2.3. You have the freedom to cancel your chosen Subscription Option(s) at any time. To initiate the cancellation process, you are required to provide a fourteen (14) days notice. There will be no charges incurred for cancellations. Should you decide to re-subscribe following a cancellation, you have the option to do so at any time. However, please be aware that we retain the absolute discretion to decline the renewal of your Subscription at any time, without the need to provide specific reasons for our decision. To execute a cancellation or make modifications to your Subscription and payment method, you can efficiently manage your selected Subscription Option and Billing Period through your Account. This grants you full control over your subscription preferences and authorization.
2.4. Every Subscription Option shall be used by one person only and we have the right to take restrictive and corrective measures against the User in whose name the Account is held for not complying with this requirement, including by termination of Subscription Service without notice.
3. Payment of Team Scan Service Fee
3.1. The Team Scan Service is provided on a per-person fee basis, referred to as the “Survey Fee.” To avail of this service, Users must specify the number of team members who will participate in the team Survey. The corresponding fee payable to us is then calculated, in accordance with the predetermined cost per person as outlined on our Website. The Survey Fee is required to be paid in full prior to the commencement of the Service, unless otherwise agreed upon in writing. It’s important to note that the User acknowledges and accepts that the Survey Fee is non-refundable, even in scenarios where the Survey Link has expired without any team members completing the Survey or if not all team members have completed the Survey.
3.2. The User bears the responsibility of distributing the Survey Link to their intended team members. Tochka 2 holds no liability for any lapses on the part of the User in fulfilling this duty. The Survey Link remains active for a duration of 14 days from the date of purchase of the Team Scan Service. Following this timeframe, irrespective of team member participation, the Survey Link will expire. Ensuring the timely completion of the Survey by team members falls within the User’s responsibility. Tochka 2 assumes no responsibility if the Survey is not finalized by the specified number of team members.
3.3. Tochka 2 is committed to providing the Team Scan Report to the User, irrespective of the number of team members who have completed the Survey. However, it’s important to note that Tochka 2 does not assure the completeness of the Team Scan Report if the Survey is not finalized by all intended team members. For absolute clarity, please note that no refunds (either partial or full) of the Survey Fee will be provided in cases where not all intended team members complete the Survey as we extend our Services and deliver the Team Scan Report regardless of the completion status.
3.4. If no team member completes the Survey within the specified time frame, Tochka 2 is under no obligation to compile and submit a Team Scan Report to the User, as this would be practically unfeasible. It is the User’s sole responsibility to ensure that their team members complete the Survey. Tochka 2 will not investigate the reasons for non-completion, whether due to the User’s failure to provide essential team information, not sharing the Survey Link, or team members simply not completing the Survey. In instances where the Survey remains uncompleted by any team member, under any circumstances, the User shall not be entitled to a refund, either partial or full, of the Survey Fee.
4. Additional terms
4.1. If payment for a specific Order fails, that Order will be automatically deemed null and void, resulting in the non-activation of the associated Service. Should there be a delay in payment Tochka 2 retains the discretion to suspend access to the Subscription Services or withhold the delivery of the Team Scan Report until the full payment is settled. Users are advised to adhere to the payment requirements to avoid any inconvenience or additional costs.
4.2. Periodically, we may offer promotions or sales with discounted rates for select content, and the final price will be displayed during checkout (“Promo Codes”). Pricing variations may apply based on Account status. We may issue single-use Promo Codes for fee discounts or other benefits, redeemable through our Website, with the discretion to modify or discontinue them at any time. Promo Codes are non-transferable, non-exchangeable for cash, and any unauthorized use may invalidate them. Their issuance aims to enhance the User experience. we may establish additional terms for their use.
4.3. Payment can be made through the payment methods available on the Website.The available payment methods may include credit card, PayPal, Apple Pay, Google Pay and any other alternative payment methods.
4.4. Tochka 2 collaborates with Paddle as our non-exclusive payment processing partner, responsible for managing and supporting payment-related activities globally. This includes first-tier after-sales support, encompassing invoicing, refund requests, payment processing, and initial order-related assistance. For the highest level of security and privacy, all card transactions occur through Paddle’s system during checkout. User payment data is securely stored on Paddle’s servers. Tochka 2 does not have direct access to, nor does it retain, the User’s card or payment details at any stage of the transaction process.
4.5. Recurring automatic payments are initiated on the date of card/payment method registration or the date of the first payment of this nature. In this scenario, the User’s Subscription automatically renews in accordance with the selected Billing Period and Subscription Option, requiring no further action from the User. The recurring payment will cease if the User explicitly declines the Services or terminates a Subscription Option, resulting in the termination of automatic Subscription renewal. For each automatic payment, the User may receive a payment confirmation via email at the address provided during Account registration or Order placement. In the event of User-initiated termination, any prepaid Subscription remains active until its expiration date, determined by the selected Subscription Option. Following this, the Subscription will not renew, and recurring payments will be deactivated. It’s important to note that upon Subscription termination, the User is not entitled to refunds for amounts paid for the Service. This includes amounts paid for previous Billing Periods, as they are non-refundable.
VI. User conduct and Service guidelines
1. The User shall have the right to access and use the Service in a manner consistent with good faith and its intended purpose. The User must ensure that their use of the Service does not disrupt or impede other Users’ access or functionality.
2. In using the Services, the User is prohibited from employing software, scripts, programming languages, or other technologies that may interfere with or impede the Service’s functionality or other Users’ experience. Systematic extraction of information from the Website through automated means, or functionally linking the Website’s content to another website without authorization, is strictly prohibited.
3. By accepting these Terms, the User agrees that Tochka 2’s Website will track the User’s activity and consumption of content.
4. When using the Website and the Services, the User undertakes not to distribute or use in any way and not to make available or give access to third parties any information, data, text, sound, files, software, music, photographs, graphics, video or audio materials, messages or any other materials that:
4.1. Contravene the laws of the Republic of Bulgaria, applicable foreign laws and good morals;
4.2. Are obscene, pornographic, offensive, racist or otherwise violative of morality and good morals;
4.3. Contain a threat to the life and/or bodily integrity of a person;
4.4. Violate another’s intellectual property rights;
4.5. Violate the property or moral rights of others;
4.6. Contain junk mail, spam, chain letters, pyramid schemes and/or any other means of advertising for which the User has not obtained the Tochka 2’s express consent.
4.7. Contain computer viruses, Trojan horses or other malicious programs and systems that prevent or are capable of preventing the normal operation of computer systems.
5. It is the User’s responsibility to provide and maintain the necessary equipment to access and use the Service.
6. If Tochka 2 is unable to provide the User with Services, Tochka 2 may offer alternatives. In the event of disagreement by the User, Tochka 2 undertakes to refund the cost of the Services not provided to the User within 30 days. This applies when the responsibility for non-delivery rests with Tochka 2 and the offered alternatives do not align with the User’s objectives.
7. We are not obliged to use any particular software or software version to provide the Services. Tochka 2 is under no obligation to maintain, modify or add functionality to the Services or to the software used to provide the Services and may adjust these aspects at its discretion
VII. Suspension, Termination, and Access Restriction
1. Tochka 2 reserves the right to temporarily suspend access to the Services for the purpose of technical maintenance. Advance notice will be provided to Users in such cases. Once the conditions necessitating the suspension of Services have been resolved, access to the Services will be reinstated.
2. We reserve the right to suspend or terminate your permission to use the Websites and Services, or ban your Account at any time, with or without notice, for any or no reason. This includes, but is not limited to: (i) Violation of these Terms, (ii) Failure to pay any fees when due, (iii) Engaging in fraudulent chargeback requests, (iv) Upon request or requirement by law enforcement or government agencies, (v) Prolonged periods of inactivity, (vi) Suspected involvement in fraudulent or illegal activities, (viii) for any other reason in our sole discretion. Access to the information and Services may also be terminated if the User disagrees with the changes in the Terms communicated to us. If a User fails to adhere to our standards of conduct and communication, we reserve the right to terminate their access to the Services without prior notice or explanation.
3. In the event of Account termination, we reserve the right to delete your Account and associated content, as well as restrict your future access to the Website and use of our Services. By agreeing to these Terms, you acknowledge that we bear no liability towards you or any third party for the suspension or termination of your Account or the blocking of your access to our Website and Services.
VIII. Privacy and Personal Data Protection
1. Tochka 2 is committed to safeguarding the User’s personal data, adhering to the standards set forth in the Personal Data Protection Act. We implement robust measures to ensure the security and confidentiality of your personal information..
2. Our comprehensive Privacy Policy, detailing our data protection practices, is publicly available on our Website at https://softskillspills.com/privacy-policy/. By accessing and using our Services, you acknowledge and consent to the terms outlined in our Privacy Policy.
3. By using our Services, you grant us the explicit right to process your personal data as described in our Privacy Policy. This includes, but is not limited to, the collection, storage, and use of your data for service provision and improvement. You represent and warrant that you have read, understood, and agree to comply with our Privacy Policy. This is a precondition for your use of our Services.
4. We reserve the right, at any stage, to request proof of identity from you and to verify the accuracy of any personal data provided during registration or throughout the use of our Services. This may include, but is not limited to, verification of name, contact details, and other relevant information. Users are expected to provide accurate, up-to-date personal information and are encouraged to update their data as necessary to reflect any changes. We rely on your cooperation to maintain the integrity and accuracy of the personal data in our records.
IX. Intellectual property
1. All Materials, including elements of the Website’s content used to deliver the Service such as designs, software programs, databases, text, drawings, photographs, graphics, sketches, presentations, and other information or elements, are protected by copyright under the Bulgarian Copyright and Related Rights Act and other applicable intellectual property laws. These materials are the property of Tochka 2 and/or its partners who have contributed the relevant content for publication.
2. When you open an Account with us, subscribe to our Subscription Services and/or order another Service, you get a license from us to access the Materials via the Website and/or through the Survey Link. We grant you an access license for the respective Subscription Option or Team Scan Service, except when we must disable the content because of legal or policy reasons or for enrollments via Subscription Options. In legal, more complete terms, Tochka 2 grants you a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited.
3. The content of the Materials is licensed, not sold, to you. This license does not grant you the right to capture screenshots, share account information with others, or engage in illegal downloads of content for sharing on torrent sites. You are strictly prohibited from selling, reselling, subleasing, assigning, licensing, sublicensing, or offering the Services and/or Materials, or any part thereof, to third parties, whether for compensation or otherwise. Reproduction, redistribution, transmission, assignment, sale, broadcasting, renting, sharing, lending, modification, adaptation, editing, creation of derivative works, sublicensing, or any other form of transfer or use of content is prohibited unless explicit permission is granted in a written agreement signed by a Tochka 2 authorized representative.
4. The utilization of the Materials, as well as the content of the Website and any published intellectual property rights objects on the Website, is solely permitted in conjunction with the use of the Services.
5. The User is prohibited from obtaining, modifying, or using the source code of the software utilized for providing the Service.
6. The User is permitted to use a title and/or excerpt from the Website’s content, provided that such usage does not harm Tochka 2, while maintaining the Website’s name attribution and including an electronic link to it and/or its partners, where the material is originally published and from where the texts are sourced. The presentation of the electronic link should not create any misconceptions about Tochka 2 and/or its partners or their services, nor should it confine the user within frames or otherwise connect them to an interface unrelated to Tochka 2 and/or its partners.
7. The information received may not be directly or indirectly modified, distributed and/or reproduced as derivative products. Tochka 2 reserves the right to discontinue the submission of information at any time without prior notice in case of valation of this clause.
8. Any use, reproduction, modification, public display, etc. of part or all of the content of the Materials or other information resources provided in connection with the Service, beyond that specified in the preceding provisions, requires the express written permission of Tochka 2. Reproduction, modification, public display, etc., of any part or all of the content of the Website without the express written permission of Tochka 2 is prohibited.
9. In the event of providing, using, copying, printing, or reproducing Materials and resources beyond the permitted personal use, as specified in these Terms, or in the case of any other infringement of intellectual property rights related to Tochka 2’s Materials and resources provided as part of the Services, the User shall be liable to Tochka 2 for a penalty of EUR 10,000 (ten thousand) for each distinct infringement.
10. The provisions of the preceding Article shall not deprive Tochka 2 of the possibility to claim, on a general basis, the full amount of the damages suffered in excess of the amount of the agreed penalty.
X. Limitation of Liability and Disclaimers
1. Tochka 2 shall not be liable for any loss, damage or loss of profit resulting from the use of the Services. We do not guarantee that the Services, Materials, and information provided will be uninterrupted or error-free. Tochka 2 shall not be liable for any damages, loss of profits, or other adverse effects resulting from the suspension, alteration or restriction of access to the Service, Materials, information, including but not limited to deletion, modification, loss, unreliability, inaccuracy, or incompleteness of any messages, materials or information transmitted, used, recorded or made available in connection with the Services. The Services and the information on the Website are provided “as is.” Tochka 2 disclaims any liability for timeliness, deletion, failure to deliver, or retention of personal settings, as well as for any damages or loss of profits arising from or related to the use of the Service and information, including technical issues, maintenance, and other factors. Tochka 2 is not obligated to guarantee the fulfillment of the User’s individual or specific needs or requirements.
2. Tochka 2 shall not be held liable for any results or benefits not attained by the User during or after the completion of the Services. We are not obligated to refund any fees in the event that the User does not achieve the anticipated outcomes and benefits.Tochka 2 disclaims responsibility for any damage to software, hardware, or other equipment, as well as any loss of data resulting from the use of information or other resources accessed or utilized in any manner through the Website in connection with the Services.
3. Tochka 2 does not warrant that the Website through which the Service is provided is free from computer viruses, Trojan horses or other malicious programs and systems that interfere with normal computer operations.
4. Tochka 2 is not responsible for third-party websites, as well as for their content and products accessible via hyperlinks on our Website. The User assumes all risks associated with accessing and using third-party content, products, and services.
5. The User shall indemnify Tochka 2 and third parties for all direct and indirect damages, including loss of profits, legal fees, and attorney’s fees, resulting from the User’s failure to adhere to the terms specified in these Terms.
6. In case of disputes, a User, which is an individual, may refer to the conciliation commission of the Consumer Protection Commission as the alternative dispute resolution body, in accordance with Article 181n, paragraph 4 of the Consumer Protection Act. Disputes can be addressed through the Commission’s website at kzp.bg.
XI. Communication
1. All communications and notices exchanged between the parties shall be in writing. The written form shall also be deemed to be complied with when they are made by e-mail or other technical means which excludes the possibility of inaccurate reproduction of the statement.
2. The written form shall also be deemed to have been complied with when Tochka 2 places the relevant message or notification in a prominent place on the Website. Messages placed prominently on the Website shall be deemed to have been received by the User without the need for explicit confirmation.
XII. General Provisions
1. The version of these Terms considered applicable and binding will be the latest version published on the Website.
2. Any additions or amendments to these Terms shall become effective against the User upon notification by Tochka 2. The User has 14 days from notification to express any rejection of these changes. Failure to reject within this period implies acceptance.
3. All communications regarding amendments to these Terms will be sent to the email address provided by the User upon registration or placement of Order. Emails sent under this provision are not required to bear an electronic signature to be valid and effective against the User.
4. Continued use of the Services following the publication or notification of amended Terms constitutes the User’s binding acceptance of these revisions.
5. Matters not covered by these Terms will be governed by the laws of the Republic of Bulgaria.
6. Disputes arising under these Terms shall be subject to the jurisdiction of the competent courts in Sofia, Bulgaria.
7. These Terms, along with any policies or operating rules posted by us on the Website, constitute the entire agreement between the User and Tochka 2. Our failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
8. If any part of these Terms is found to be unlawful, void, or unenforceable, that part is severable and does not affect the validity and enforceability of remaining provisions. We reserve the right to assign our rights and obligations under these Terms at any time.
9. The electronic format of these Terms does not affect their validity or enforceability. The lack of signatures by the parties to execute these Terms does not diminish their binding nature.
10. No joint venture, partnership, employment, or agency relationship is created as a result of these Terms or use of the Website.
11. These Terms will not be construed against us by virtue of having drafted them. The User waives any defenses based on the electronic form of these Terms and the absence of a signed agreement.
These Terms came into force for all Users on Jan 26, 2024
Last update Jan 26, 2024