- 1. Who we are
- 2. Definitions
- 3. Accounts and eligibility
- 4. Trial
- 5. Fees and payment
- 6. Late or failed payment
- 7. Cancellation
- 8. Acceptable use
- 9. Customer Data
- 10. Availability, changes and support
- 11. Intellectual property
- 12. Suspension
- 13. Warranties and liability
- 14. Termination
- 15. Changes to these Terms
- 16. Governing law and disputes
- 17. Contact
These Terms of Service (“Terms”) govern the use of OFSKI EMS, an online back-office system for live event companies (the “Service”), provided by Ofski, MB.
1. Who we are
The Service is provided by Ofski, MB, a small partnership registered in the Republic of Lithuania:
- Company code: 304215619
- VAT code: LT100017401918
- Registered address: Naugarduko g. 26-13, LT-03225 Vilnius, Lithuania
- Email: info@ofski.dev
In these Terms, “we”, “us” and “our” mean Ofski, MB.
2. Definitions
- Workspace: a separate environment for one company or person, with its own data.
- Customer or you: the company or the individual who accepts these Terms. If you accept them on behalf of a company, you confirm that you are authorised to bind it.
- User: a person invited by the Customer to use a Workspace.
- Customer Data: all data that the Customer or its Users enter into or upload to a Workspace.
- Consumer: a Customer who is a natural person acting for purposes outside their trade, business or profession.
3. Accounts and eligibility
3.1. The Service is available to companies and to individuals. You must be at least 18 years old.
3.2. You must give accurate sign-up information and keep it current. Each person must use their own login.
3.3. You are responsible for keeping login details secure and for everything done through your Workspaces, including by your Users. You decide who has access and with which permissions, and you are responsible for your Users’ compliance with these Terms.
3.4. Tell us at once at info@ofski.dev if you suspect unauthorised access.
4. Trial
4.1. A new Customer may try the Service free of charge for an agreed trial period, with no payment obligation.
4.2. If the trial is not converted into a paid subscription, the Workspace is deleted 30 days after the trial ends.
5. Fees and payment
5.1. Fees, the billing period and the number of Users are agreed in writing before the subscription starts, and are shown on each invoice.
5.2. Fees are paid in advance, by bank transfer, within the term stated on the invoice. VAT is added where it applies.
5.3. Paid fees are not refundable, except where the law requires it. If you cancel, the Service stays available until the end of the paid period.
5.4. We may change prices for a following billing period. We will tell you at least 30 days before the change, and you may cancel before it takes effect.
6. Late or failed payment
6.1. If an invoice is not paid by its due date, we will send a reminder.
6.2. If it stays unpaid, we may lock the Workspace. A locked Workspace cannot be used, but its data is kept.
6.3. A Workspace that stays locked for 60 days may be deleted with its data. Export your data before that.
7. Cancellation
7.1. You may cancel at any time, with effect from the end of the current paid period. Tell us at info@ofski.dev.
7.2. After cancellation the Workspace stays available until the end of the paid period, and is then deleted within 30 days. Export your data before that.
7.3. Consumers who buy the Service online have the statutory right to withdraw within 14 days. By asking us to start the Service immediately, you accept that the right is lost once the Service has been fully provided.
8. Acceptable use
You must not:
- use the Service to break the law or to infringe the rights of others;
- upload malicious code, or content you have no right to upload;
- attempt to access other Workspaces, our systems or data that is not yours;
- test, scan or overload the Service without our written permission;
- resell or sublicense the Service without our agreement;
- copy, decompile or reverse engineer the Service, except as the law allows.
9. Customer Data
9.1. Customer Data belongs to you. We do not sell it and do not use it for any purpose other than providing and supporting the Service.
9.2. You give us the limited right to store and process Customer Data in order to provide, secure and support the Service.
9.3. You are responsible for having a lawful basis for the data you enter, and for informing the people whose data it is. Where we process personal data on your behalf, the Data Processing Agreement applies.
9.4. You can export your data at any time while the Workspace is active.
10. Availability, changes and support
10.1. We aim to keep the Service available at all times, but we do not guarantee uninterrupted operation and we do not offer a contractual uptime level.
10.2. Planned maintenance is normally carried out at night. We will give notice of maintenance that we expect to cause a longer interruption.
10.3. We may add, change or remove features as the Service develops. We will not remove a feature you depend on without reasonable notice.
10.4. Support is provided by email at info@ofski.dev on business days.
11. Intellectual property
The Service, its software and its design belong to us. You get a non-exclusive, non-transferable right to use the Service during the subscription. No other rights are granted.
12. Suspension
12.1. We may suspend access at once if the Service is used unlawfully, if it threatens the security or stability of the Service, or in the case of a serious breach of these Terms.
12.2. We will tell you why, and restore access as soon as the cause is removed.
13. Warranties and liability
13.1. The Service is provided “as is” and “as available”, to the extent permitted by law.
13.2. We are not liable for indirect or consequential loss, including lost profit, lost revenue or loss of data caused by your own failure to export it.
13.3. Our total liability in any 12-month period is limited to the fees you paid for the Service in that period.
13.4. Nothing in these Terms limits liability for intentional misconduct, gross negligence, or anything else that cannot be limited by law. Consumers keep their statutory rights.
14. Termination
14.1. Either party may terminate the agreement with 30 days’ written notice, with effect from the end of the paid period.
14.2. We may terminate at once in the cases listed in section 12.
14.3. After termination, the Workspace is kept for 30 days so you can export your data, and is then deleted.
15. Changes to these Terms
We may update these Terms. We will tell you by email at least 30 days before material changes take effect. If you do not accept them, you may cancel before they apply.
16. Governing law and disputes
16.1. These Terms are governed by the law of the Republic of Lithuania.
16.2. We will first try to resolve any dispute by agreement. If that fails, disputes are resolved by the courts of Vilnius, Lithuania.
16.3. A Consumer may also apply to the State Consumer Rights Protection Authority (Valstybinė vartotojų teisių apsaugos tarnyba, www.vvtat.lt).
17. Contact
Ofski, MB · Naugarduko g. 26-13, LT-03225 Vilnius, Lithuania · info@ofski.dev