BadMars — Terms of Service

legal reviews (deep-research-report.md → v0.3, _v2.md → v0.4, _v3.md → v0.5, _v4.md → v0.6). v4 validated the v0.5 architecture and returned a targeted patch: classification-neutral withdrawal (post Sky Österreich C-234/25), all-customer Payload/Output confidentiality, Rome I governing-law wording, Paddle mandatory-obligation clarity, AI-transparency as implemented state, and guarantee disclosure. Still pending: a qualified Romanian lawyer’s sign-off, the Romanian consumer version (mandatory), and the remaining checkout/vendor verification (see finalization-punch-list.md). must match the published text — do not publish until every placeholder is removed.

Who we are and agreement to these Terms

BadMars is operated by Nivobit Digital SRL, Romania (“BadMars,” “we,” “us,” or “our”). Our company and contact details are in the Legal Notice.

These Terms of Service (“Terms”) govern your access to and use of the BadMars service, including one-off analyses, subscription access, generated reports, Debrief features and related functionality (the “Service”).

You accept these Terms through the affirmative acceptance mechanism presented when you create an account, purchase or first use a feature that requires acceptance. If you do not agree, do not use the Service.

If you use BadMars for a company or other organization, you represent that you have authority to bind that organization. A separately executed business order, Enterprise agreement or Data Processing Agreement controls over these online Terms to the extent it expressly says that it does.

Purchases processed by Paddle are also subject to the applicable Paddle Buyer Terms. The Privacy Policy explains how we process personal data. The Privacy Policy is a privacy notice and is not incorporated as a contractual warranty except where these Terms expressly say otherwise.

Definitions

A Payload is the business-plan text or other material you submit to BadMars for analysis.

An Output is a report, Score, Verdict, Finding, Debrief response or other material generated by the Service from or in connection with a Payload.

A Program is the record of Missions, reports and related history associated with your BadMars account.

A Consumer is an individual using the Service for purposes outside that individual’s trade, business, craft or profession.

A Business Customer is a person or organization using the Service for purposes relating to a trade, business, craft or profession.

A Product is a particular paid or unpaid BadMars offering, tier, one-off analysis, subscription or business service made available as part of the Service.

Customer Content is Payloads and other content submitted to the Service by or for a Business Customer, excluding BadMars technology and operational data that BadMars generates independently.

Customer Personal Data is personal data contained in Customer Content that BadMars processes on behalf of a Business Customer as a processor under the applicable Data Processing Agreement.

Purchase Information is the product, price, billing interval, renewal terms, guarantee terms and other contractual information displayed to you for a particular order and reproduced or referenced in the order confirmation.

A Business Order is an order form, statement of work or other written agreement between BadMars and a Business Customer that identifies Products, fees, usage rights or other commercial terms and expressly incorporates these Terms.

A Data Processing Agreement or DPA is the data-processing terms entered into between BadMars and a Business Customer governing Customer Personal Data for which BadMars acts as a processor.

An Authorized User is an individual whom a Business Customer authorizes to access the Service under its account or an assigned seat. A Business Customer is responsible for its Authorized Users’ use of the Service to the extent permitted by applicable law.

Eligibility and account

You must be at least 18 years old to create an account or use the Service.

You must provide accurate account information and keep your login credentials secure. You are responsible for activity carried out through your account except to the extent that applicable law provides otherwise.

Individual accounts are for the named account holder and may not be shared. Business seats are for their assigned users. Applicable seat, usage and quota limits are shown in the Service.

Please tell us promptly if you believe an account or credential has been compromised.

The Service and your right to use it

Subject to these Terms and the limits of your selected product or tier, BadMars grants you a limited, non-exclusive, non-transferable right to access and use the Service for its intended purposes.

We may maintain, improve and modify the Service for security, legal or regulatory reasons, to maintain or improve functionality, to address technical requirements or to develop the Service.

For an ongoing paid consumer subscription, we will not materially reduce the core contracted functionality except in accordance with applicable law. Where mandatory consumer law requires notice, a right to terminate or another remedy because of a change, that right applies.

Experimental or beta functionality will be identified where reasonably practicable and may change more frequently than generally available functionality.

Purchases, Paddle and prices

Purchases made through Paddle are sold by Paddle as our authorized reseller and Merchant of Record.

For the purchase transaction, you contract with Paddle under the applicable Paddle Buyer Terms. Paddle handles the checkout transaction, collection of the purchase price, transaction taxes, invoicing and receipts, recurring subscription billing and execution of transaction refunds or withdrawals through its systems.

BadMars supplies, licenses and operates the BadMars Product under these Terms and remains responsible for the Product, its functionality and support and for every obligation that applicable law places on BadMars. Paddle’s role does not transfer, exclude or reduce any mandatory obligation imposed on BadMars, and BadMars’s role does not exclude any mandatory obligation imposed on Paddle.

Nothing in these Terms transfers, excludes or reduces any mandatory consumer right.

You may contact BadMars about a Product complaint, conformity issue, statutory withdrawal or refund request even where Paddle must execute the corresponding payment action. Where Paddle must perform a billing, tax or transaction action, we will coordinate or route that action as reasonably necessary; you are not required to determine the legal allocation between BadMars and Paddle before contacting us.

The price displayed to a Consumer before the order is placed is the total price, including VAT and other taxes required to be included at that stage. The checkout shows the final transaction total and available tax information before the order is submitted.

Subscriptions renew for the billing period disclosed at checkout until cancelled. You may cancel future renewal using Paddle’s buyer portal or another cancellation method we make available. Cancellation takes effect as stated at the time of cancellation and stops later renewals; it does not by itself delete your BadMars account or Program. Cancellation prevents renewal after the applicable paid period and does not by itself entitle you to a refund for that period, except where these Terms, the Purchase Information or applicable law provides otherwise.

Consumer withdrawal rights

Nothing in this section limits any mandatory withdrawal right.

For Romanian and other EEA consumers, distance purchases may carry a statutory 14-day withdrawal period under applicable consumer law.

A one-off analysis involves the performance of a digitally supplied analysis service that processes your Payload and generates an Output. We do not treat the delivery of an Output, by itself, as automatically eliminating a statutory withdrawal right under the rules applicable to digital content.

If you expressly request that performance of the service begin during a statutory withdrawal period, we will obtain the request and acknowledgement required by applicable law. Your right to withdraw from that service ends on full performance only where applicable law permits that result and, before performance began, you expressly requested immediate performance and gave the acknowledgement required by law. If you lawfully withdraw before full performance, you pay only any proportionate amount that applicable law permits, and only where its statutory conditions have been satisfied.

If a purchased Product includes a legally distinct component that constitutes digital content not supplied on a tangible medium, any loss of the withdrawal right for that component occurs only where mandatory law permits it and only after a separate prior express consent and acknowledgement satisfying the statutory requirements. We will not bundle the service-performance request and a digital-content consent into a single, ambiguous acknowledgement.

These requests, consents and acknowledgements are not inferred from your acceptance of these Terms and are not pre-selected; each identifies the legal consequence to which it relates. We supply the required contractual confirmation on a durable medium and retain evidence of the wording presented, the language, the applicable version and the time of your affirmative action. If our checkout cannot reliably capture the statutory request, consent, acknowledgement and durable-medium evidence required for a particular Product, we will not rely on an exception that would end the statutory withdrawal right.

For an ongoing subscription, a consumer retains the applicable statutory withdrawal right except to the extent mandatory law provides otherwise. Activating access or completing an individual Mission does not, by itself, constitute full performance of the subscription — an ongoing subscription is not fully performed merely because you used one feature during its first day. If you expressly request that performance begin during a withdrawal period and then lawfully withdraw, you may be required to pay an amount proportionate to performance already supplied only where applicable law permits that charge and its statutory prerequisites have been satisfied.

You may exercise a statutory withdrawal right through the route identified in the Paddle checkout/transaction confirmation, or by sending an unequivocal withdrawal request to us at the contact address in these Terms. If Paddle must execute the resulting transaction refund, we will route the request accordingly.

A consumer may use the following as an example of an unequivocal withdrawal notice (the statutory model form, where one applies, is provided with the durable-medium confirmation):

I hereby give notice that I withdraw from my contract for the following BadMars purchase: [product]. Order date: [date]. Account/purchase email: [email]. Name: [name]. Date: [date].

The voluntary BadMars guarantee described below is additional to, and does not replace, statutory withdrawal, conformity, refund, price-reduction or other consumer remedies.

Acceptable use

You must use the Service lawfully and only for purposes permitted by these Terms.

You must not use the Service to infringe another person’s intellectual-property, privacy, confidentiality or other rights; obtain unauthorized access to systems or accounts; interfere with, overload or attack the Service; circumvent usage limits or security controls; resell access except where your product expressly permits it; use Outputs to build or train a competing service in violation of our rights; or use the Service to make a consequential decision about another person in areas such as credit, employment, housing, insurance or medical care.

BadMars is a tool for analysing business plans and comparable strategic material. It is not a medical, psychological, safety or emergency service and is not designed or staffed for those purposes. You must not use the Service to seek personal medical or psychological advice about yourself or another person, to obtain a judgment about a person’s health, safety or wellbeing, or in place of an emergency or crisis service. Requests of that kind are outside the intended purpose of the Service, and the Service may decline to analyse them. Where an analysis touches legal, regulatory or contractual matters, the Service may still provide it, but the Output is AI analysis, not legal advice, and is not a substitute for review by a qualified lawyer.

You must not reverse-engineer, decompile, extract or attempt to reconstruct BadMars source code, prompts, protected scoring methods or other non-public technical material, except to the extent applicable law gives you a right that cannot contractually be restricted.

You must not conduct vulnerability or penetration testing against the Service without our prior authorization.

Payloads and prohibited data

You must have all rights and permissions legally necessary to submit a Payload and to allow BadMars to process it as described in these Terms and the Privacy Policy.

The consumer Service is not designed to process personal data about other people or special-category personal data.

You must not put into a consumer Payload another person’s personal data, health information, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data, biometric data used for identification, information concerning sex life or sexual orientation, criminal-offence information, government identification numbers, payment-card information or other highly sensitive information.

Having permission from a person does not by itself expand the categories of information that the consumer Service permits you to upload.

A business feature may permit specified categories of personal data only where that feature expressly says so and the applicable business terms and Data Processing Agreement are in force. Until those terms are in force, a Business Customer must not submit personal data belonging to its clients, employees or other individuals through a feature that has not been approved for that processing.

Submitting prohibited data does not authorize BadMars to process it. We may reject, isolate or delete material that appears to violate this section and may suspend or stop the relevant analysis where reasonably necessary to minimize unauthorized processing, protect individuals, comply with law or enforce these Terms.

Your material, Outputs and BadMars intellectual property

You retain the rights you have in your Payload.

You grant BadMars a limited, non-exclusive right to host, copy, transmit and otherwise process your Payload only as reasonably required to provide, secure and operate the Service and as otherwise described in the Privacy Policy and any applicable Data Processing Agreement.

As between you and BadMars, and to the extent BadMars has transferable intellectual-property rights in an Output generated for you, BadMars assigns those rights to you after lawful generation of that Output.

The assignment of transferable rights in an Output does not transfer ownership of BadMars technology, methodologies, prompts, taxonomies, templates, trademarks or other pre-existing materials. To the extent any such material is incorporated into an Output and is necessary to use that Output, BadMars grants you a worldwide, perpetual, non-exclusive, royalty-free licence to use, reproduce and distribute that incorporated material as part of the Output.

We do not represent that every AI-generated Output qualifies for copyright or another exclusive intellectual-property right, or that an Output is unique. Similar or identical material may be generated for different users.

BadMars and its licensors retain all rights in the Service itself, including the software, design, trademarks, branding, prompts, non-public methodologies, taxonomies, scoring systems, documentation and other BadMars technology and materials.

BadMars may use genuinely anonymous and aggregated information that no longer constitutes personal data and does not contain customer content to maintain and improve the Service. The Privacy Policy explains that processing.

We do not use Payloads or Outputs to train our own general-purpose AI model, and our use of third-party model providers is described in the Privacy Policy and Sub-processor List.

Nature of AI-generated analysis

BadMars uses artificial intelligence to generate its analyses.

Outputs are probabilistic and can contain factual, logical or analytical errors. Scores, Findings, Verdicts, reports and Debrief responses are tools for evaluation, not decisions made on your behalf.

Outputs are provided for informational and analytical purposes. They are not legal, tax, investment, financial, medical, employment or other regulated professional advice and are not a substitute for advice from an appropriately qualified professional where professional advice is required.

The Service is not an emergency, crisis, medical or mental-health service and is not monitored for emergencies. If you are in crisis, or you or another person may be at risk of harm, contact your local emergency number or a qualified professional or crisis service immediately — do not rely on the Service.

No assumed duty for prohibited or out-of-scope material. By offering the Service or receiving a Payload, BadMars does not assume any professional, medical, psychological, legal, safety, monitoring, supervisory or duty-of-care obligation. Submitting prohibited or out-of-scope material — including another person’s sensitive personal data, a request for personal professional advice, or crisis or self-harm content — does not create any such duty, does not make BadMars responsible for the subject-matter, and does not transfer to BadMars any responsibility that rests with you or with a qualified professional. You are solely responsible for what you submit and for obtaining appropriate professional or emergency help where it is needed. Nothing in this paragraph excludes or limits any liability that mandatory law does not permit us to exclude.

You should independently evaluate information that is important to a decision you make.

These disclosed characteristics form part of the description of the Service. They do not exclude or reduce any mandatory consumer right concerning conformity, performance or remedies.

BadMars identifies the AI-generated interactions and Outputs required to be identified under applicable law, and applies machine-readable marking or provenance information to generated content where Article 50 of the EU AI Act or other applicable law requires it. You must not knowingly remove, conceal or falsify a transparency or provenance marking where doing so would breach applicable law or misrepresent the origin of an Output.

The BadMars voluntary guarantee

Where the relevant offer states that a first one-off purchase qualifies for the BadMars 48-hour (2-day) guarantee, that guarantee applies on the conditions disclosed with the offer and confirmed with the purchase. The Purchase Information states the Product covered, when the guarantee period begins, the eligibility rules, the claim method and any material exclusion. A condition that was not disclosed before purchase and reproduced or referenced in the durable-medium confirmation will not be used to reduce a Consumer’s rights under the voluntary guarantee.

The guarantee applies once per eligible person. We may maintain a minimized anti-fraud marker for the stated retention period to prevent account deletion, aliasing or repeated registration from improperly resetting a one-time guarantee.

If a voluntary guarantee refund is granted, we may disable downloadable or shareable deliverables associated solely with that refunded purchase and mark the purchase as refunded in account history, to the extent permitted by applicable law.

Where a qualifying purchase was made through a mobile app store (Apple App Store or Google Play), that store is the merchant of record for the purchase and executes any cash refund under its own policy; we cannot execute a store refund directly. In that case we honour the voluntary guarantee by applying a BadMars Mission credit of equivalent value to your account, and you may also use the store’s own refund process. This concerns the voluntary guarantee only and does not affect any refund the store or applicable law requires, nor your mandatory statutory rights.

A voluntary guarantee does not reduce or replace a consumer’s mandatory statutory rights.

Consumer conformity and mandatory rights

If you are a Consumer, the Service and digital content are subject to any mandatory statutory requirements concerning conformity, supply, performance, updates and remedies that apply to your purchase.

Nothing in these Terms removes a mandatory right to have non-conformity remedied, obtain a proportionate reduction in price, terminate the applicable contract, obtain a refund or exercise another statutory remedy where applicable law provides that right.

Any exclusion, disclaimer, limitation, suspension rule, refund rule or other provision in these Terms applies only to the extent it is consistent with those mandatory rights.

Business warranties

This paragraph applies to Business Customers rather than Consumers.

Except for express commitments in these Terms or an applicable business order, the Service is provided on an “as available” basis to the maximum extent permitted by law. BadMars does not warrant uninterrupted or error-free operation or that an AI Output will be accurate, complete or suitable for a particular business decision.

Any implied warranty or condition is excluded to the maximum extent applicable law permits in a business-to-business contract.

Nothing in this paragraph limits liability that cannot legally be excluded.

Liability

Consumers. The Business Liability Cap and the B2B exclusions of damages in this section do not apply to Consumers. Nothing in these Terms excludes or restricts a Consumer’s mandatory statutory rights, remedies or any liability that cannot lawfully be limited.

Any question of causation, foreseeability or mitigation is determined under applicable law. Nothing in this paragraph restricts a Consumer’s mandatory rights.

Business Customers. To the maximum extent permitted by law, BadMars’s total aggregate liability arising out of or relating to the Service to a Business Customer will not exceed the greater of:

(a) the amount paid for the relevant BadMars Products through Paddle or directly to BadMars during the 12 months preceding the event giving rise to the claim; or

(b) €100.

To the maximum extent permitted by law, neither party is liable to the other in a business-to-business relationship for indirect, special, incidental, exemplary, punitive or consequential damages, or for lost profits, lost revenue or lost business opportunities.

The limitations in this section do not apply where and to the extent applicable law prohibits the limitation, including liability that cannot lawfully be excluded because of the nature or cause of the loss.

A separate Enterprise order may establish different caps or liability categories.

Business indemnification

This section applies only to Business Customers. A Consumer does not indemnify BadMars under these Terms.

A Business Customer will defend and indemnify BadMars against a third-party claim to the extent the claim arises from Customer Content that infringes that third party’s intellectual-property, confidentiality, privacy or other proprietary rights, or from unlawful use of the Service by the Business Customer.

For paid Business Customers, BadMars will defend and indemnify the customer against a third-party claim that the unmodified BadMars Service, when used as permitted under these Terms, infringes that third party’s intellectual-property rights. This does not apply where the claim results from Customer Content, customer modifications, unauthorized use, combination with material not supplied by BadMars where the combination causes the claim, or continued use of an obsolete version after BadMars has provided a non-infringing replacement.

An indemnified party must promptly notify the indemnifying party of a covered claim, provide reasonable cooperation at the indemnifying party’s expense and allow the indemnifying party to control the defense and settlement. The indemnifying party may not settle a claim in a way that admits fault by, imposes a non-monetary obligation on or materially prejudices the indemnified party without that party’s consent.

Unless a separate business agreement states otherwise, these indemnification obligations are subject to the Business Liability Cap.

Confidentiality of Payloads and Outputs (all customers)

Regardless of whether you are a Consumer or Business Customer, BadMars will treat your non-public Payloads and Outputs as confidential. We will use and disclose them only as reasonably necessary to provide, secure and support the Service, comply with law, enforce these Terms or exercise rights you expressly grant. Persons and service providers given access must be subject to appropriate confidentiality obligations.

This obligation does not apply to information that becomes public without breach by BadMars, was lawfully known to BadMars without a confidentiality restriction, is independently developed without use of the Payload or Output, or is lawfully received from another source without restriction. It does not restrict BadMars’s use of information only after it has been demonstrably anonymised so that it no longer constitutes Customer Content or personal data and cannot reasonably be linked back to a customer, Payload or individual.

Confidentiality (Business Customers)

Each party may receive non-public information that a reasonable person would understand to be confidential (“Confidential Information”). The receiving party will use Confidential Information only to perform or exercise rights under these Terms, protect it using at least reasonable care, and disclose it only to personnel and service providers who need to know it and are bound by confidentiality obligations.

Confidential Information does not include information that is independently developed without use of the other party’s information, was lawfully known without restriction, is lawfully received from another source without restriction, or is publicly available through no breach of these Terms. A party may disclose Confidential Information where legally required, after giving any legally permitted notice.

Customer Content and each party’s non-public security, technical, commercial and pricing information are Confidential Information. On termination or written request, the receiving party will delete or return Confidential Information that it no longer needs, except for copies required by law or retained in routine backups, which remain protected under this section. These obligations survive termination for three years, except that obligations concerning trade secrets continue for so long as the information remains protected as a trade secret under applicable law.

For Consumers, the confidentiality of personal data is governed by the Privacy Policy rather than this section.

Data export and switching (EU Data Act schedule)

Self-serve export. You can download your Payloads, Outputs and Debriefs at any time from your account settings, as a single machine-readable JSON file. Anonymous coded pattern records are not personal data and are not included. Before deleting an account, download anything you wish to keep.

Scope. BadMars is a data-processing service (Software-as-a-Service) within the meaning of the EU Data Act (Regulation (EU) 2023/2854). The following switching and portability terms apply to customers of the Service; Consumers retain these rights to the extent the Data Act and other mandatory law grant them.

Switching (Art. 25).

• You may switch to another provider or to your own on-premises solution and retrieve your exportable data and digital assets.
• Initiation: you may start switching on notice of no more than two months.
• Transition: we complete the switch within a maximum of 30 calendar days after the notice period, extended only where the switch is technically unfeasible in that time, in which case we notify you of the justified longer period.
• Retrieval window: after termination or the transition you have at least 30 days to retrieve your exportable data; we then delete it, subject to the retention exceptions in the Privacy Policy and the DPA.
• Exportable data means the data you provided (Payloads) and generated with the Service (Outputs, Debriefs), in the format described below.
• No switching charges. We do not impose charges for switching.

Procedures and formats (Art. 26). The switching procedure and the structures and formats of the exportable data (the badmars.account-export JSON schema) are described in an up-to-date register: the Data Portability & Switching page.

Infrastructure jurisdiction and governmental access (Art. 28). Customer data is processed and stored in the European Union (Hetzner, Germany); sub-processors, their locations and transfer mechanisms are in the Sub-processor List. We apply technical, organisational and contractual measures to prevent international or third-country governmental access to, or transfer of, non-personal data where that would conflict with EU or Member State law.

Where other mandatory law grants additional export or switching rights, those apply.

Suspension and termination

You may stop using the Service at any time. You may cancel a subscription separately from deleting your account.

We may temporarily restrict or suspend access where we reasonably believe that an account is being used unlawfully, is materially violating these Terms, threatens the security or operation of the Service or another person, is involved in fraud or abuse, or where suspension is required by law or a competent authority.

Where the issue is capable of remedy and it is reasonable and lawful to do so, we will provide notice and a reasonable opportunity to correct a material breach before permanent termination.

We may act immediately without advance notice where delay would create a meaningful security, fraud, legal or safety risk or where a competent authority or applicable law prevents notice.

Any termination or suspension is subject to mandatory consumer rights, including any refund or termination remedy required by applicable law.

Account deletion removes customer material in accordance with the Privacy Policy and applicable retention obligations.

Cancelling or downgrading a subscription does not automatically mean deleting the account. Where the Service continues to provide a free or inactive account state, Program history may remain available under the retention rules disclosed in the Privacy Policy until you delete the account or another stated retention trigger occurs.

Changes to these Terms

We may update these Terms prospectively to reflect changes to the Service, law, security requirements, our business or other legitimate operational requirements.

We will identify the effective date of each version and keep appropriate version records.

If a change materially affects an existing consumer’s rights or use of an ongoing paid Service, we will provide clear advance notice on a durable medium where applicable law requires it. Where practicable, material changes will ordinarily be notified at least 30 days in advance.

If applicable law gives a consumer the right to terminate because of a modification, that right applies.

Continued use of the Service after an update will not be treated as contractual consent where applicable law requires express acceptance. Changes that require express acceptance will be presented through an affirmative acceptance mechanism.

Privacy and business data processing

Our Privacy Policy explains how Nivobit Digital SRL processes personal data in its role as controller.

Where a Business Customer uses an expressly enabled feature for which BadMars acts as a processor on behalf of that customer, the applicable Data Processing Agreement governs that processing and controls over these Terms in the event of a conflict concerning that processing.

A business feature that requires a Data Processing Agreement must not be used for the relevant personal data until the required Data Processing Agreement is in force.

Third-party services

The Service uses or integrates third-party services, which may include Paddle, authentication providers, hosting, email, security, analytics and AI providers.

A third party’s own terms apply to that third party’s separate service where stated. Those third-party terms do not eliminate any obligation BadMars itself has under these Terms or mandatory law.

Our current Sub-processor List and Privacy Policy identify the material data-processing providers and data-transfer information applicable to BadMars processing.

Governing law and disputes

These Terms are governed by Romanian law.

If you are a Consumer, that choice of law does not deprive you of the protection of provisions that cannot be derogated from by agreement under the law that would apply in the absence of this choice under applicable conflict-of-laws rules.

For Business Customers, the courts of Bucharest, Romania have exclusive jurisdiction unless a Business Order expressly provides otherwise or applicable law requires another forum. If you are a Consumer, nothing in these Terms limits your right to bring or defend proceedings in any court available to you under mandatory jurisdiction rules, including a court of your habitual residence where applicable.

No provision of these Terms requires a Consumer to submit a dispute to pre-dispute arbitration.

Before starting proceedings, either party may contact the other in an effort to resolve the dispute informally.

Romanian consumers may contact the Autoritatea Națională pentru Protecția Consumatorilor (ANPC) and may access the applicable Romanian alternative dispute resolution mechanism described in the Legal Notice.

BadMars does not make a general contractual commitment to participate in a particular optional SAL procedure except where participation is required by law or BadMars agrees to participate in the specific dispute.

The discontinued former EU Online Dispute Resolution platform is not an available dispute route.

Languages

For Business Customers, the English version of these Terms is the working contractual version unless a Business Order states otherwise.

For Consumers in Romania, the Romanian-language version of these Terms and the mandatory pre-contractual information is the controlling consumer version. Any English or other translation is provided for convenience only. Nothing in this language clause limits any mandatory right or protection applicable to the Consumer under Romanian law, EU law or otherwise applicable mandatory consumer law.

For other customers, the English version applies unless mandatory law requires the contract or specified information to be provided in another language.

Miscellaneous

If any provision of these Terms is invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law.

A failure to enforce a provision is not a waiver of that provision.

Neither party is liable for delay or failure caused by an event beyond its reasonable control to the extent the law permits that result. This does not remove a mandatory consumer right to terminate, obtain a refund or exercise another statutory remedy.

You may not assign these Terms without our consent except where applicable law gives you a right to do so. We may assign these Terms as part of a merger, restructuring or sale of the relevant business, provided that the assignment does not reduce a Consumer’s mandatory rights.

If you voluntarily send us feedback about the Service, we may use that feedback without payment or other obligation to you, provided that doing so does not give us rights in your Payload or other customer material.

Section provisions that by their nature need to continue after termination — including intellectual-property ownership, accrued payment obligations, applicable liability provisions, business indemnification, governing law and dispute provisions — continue to the extent necessary.

These Terms, the applicable Purchase Information, any separate Business Order and, solely for processing within its scope, the DPA constitute the contractual terms between you and BadMars concerning the Service. In the event of a conflict, a DPA prevails only regarding the processing of Customer Personal Data within its scope, and a Business Order prevails for an expressly conflicting commercial or Product term; these Terms otherwise apply. Paddle’s Buyer Terms separately govern the Paddle purchase transaction and do not modify BadMars’s obligations under these Terms. The Privacy Policy is the statutory notice describing personal-data processing rather than part of the contractual entire-agreement clause except where expressly incorporated.

We may send contractual notices to the email address associated with your account or through another durable electronic method permitted by law. You may send legal or contractual notices to:

Nivobit Digital SRL Str. Prahova nr. 40, Sector 1, București, România Email: [email protected] Telephone:

Privacy requests may be sent to [email protected].