Terms of Service

Valid from: 26 August 2026

The Aqurate Standard Service Terms is a Software-as-a-Service agreement between Aqurate, henceforth called the Company,

and You, the user of the analysis and prediction services, henceforth called the Customer, (each called a “party” and together, the “parties”).

BY CLICKING ON THE “I AGREE” BUTTON, REGISTERING TO USE THE SERVICE, OR USING THE SERVICE, EITHER AS A FREE TRIAL OR A PAID SUBSCRIPTION, REQUESTING A DEMO SESSION, SUBSCRIBING TO A NEWSLETTER, OR SENDING A MESSAGE VIA THE CONTACT SUPPORT FORM IN THE SERVICE, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS, AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS, PERSONALLY AND ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THESE TERMS. IF YOU DO NOT FULLY AGREE TO THESE TERMS, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU SHOULD NOT USE THE SERVICE OR PERFORM ANY OF THE ACTIONS NAMED HEREABOVE

1.1. Affiliate: any company or other entity, which directly or indirectly controls, is controlled by or is under joint control with a party of this agreement. For this purpose, a party is deemed to control a company or entity if it (a) owns, directly or indirectly, at least 50 percent of the capital of the other company, or (b) in the absence of such ownership interest, substantially has the power to direct or cause the direction of the management and set the policies of such company or entity.

1.2. Agreement: these Standard Service Terms, the Privacy Policy, the Data Processing Addendum, the Cookie Policy, and any other Aqurate document/material incorporated therein.

1.3. Aqurate: means MACHINE LEARNING SOLUTIONS SRL, with its registered office in Romania, 2-4 Calea Circumvalatiunii, Timisoara, Timis county, Office 210, VIES (VAT) code: RO40330105, EUID ROONRC.J2018004631357, as per Section 16 - Contracting party and Specific Legislation.

1.4. Billing Period: the recurring period for which the Customer is invoiced, as stated at sign-up or in the order form. Unless stated otherwise, the Billing Period is one month. The Billing Period may be shorter than the Subscription Term.

1.5. Claim: any claim, suit, action, proceeding, losses, liabilities, damages, settlements as per section 9 below.

1.6. Confidential Information: information that may be disclosed or made available by the Disclosing Party to the Receiving Party, including, but not limited to: technical and business information relating to proprietary ideas, patentable ideas and/or trade secrets, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, potential clients, marketing strategies, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.

1.7. Company’s Website: https://www.aqurate.ai, along with all pages and subdomains.

1.8. Developer Subscription: means the Service or other products or features made available by the Company to the Customer for the sole purpose of technical integration or evaluation on a discounted or free basis.

1.9. Disclosing Party: the party or its Affiliates who discloses any Confidential Information.

1.10. End Users: a natural/legal person that is a client or website visitor of the Customer’s and whose data and interaction with the Customer may be provided to the Company through one or more Integrations.

1.11. Integration: a data source such as sales data (e.g., from an eCommerce platform), website traffic data (e.g., from Google Analytics, Aqurate Pixel), or email data (e.g. from Mailchimp, Klavyio) that the Customer authorizes the Company to access and retrieve data in order to provide the Service.

1.12. Paid Subscription: the paid subscription service, as per the prices stated on the Company’s Website or in the order form.

1.13. Personal Data: any information describing or relating to an identified or identifiable individual (where an identifiable individual is an individual who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual).

1.14. Professional Services: the professional services provided to the Customer by the Company, which may include training services, installation, integration, or other consulting services.

1.15. Qualifying Order: an order placed by an End User on a domain covered by the Service and recorded through an Integration, counted when received by the Company regardless of its status, value, currency or payment method, regardless of whether the End User interacted with the Service before placing it, and regardless of whether it is subsequently cancelled, returned or refunded; excluding orders not placed on a covered domain, such as orders taken through a marketplace, a physical point of sale, by telephone or through another offline channel and recorded in the Customer's eCommerce platform, where the Integration permits them to be distinguished. The Company measures Qualifying Orders from Integration data and that measurement governs, subject to article 4.7; where Integration data is unavailable or incomplete for part of a measurement period, the count for the affected days is the daily average of the last 365 days preceding the interruption.

1.16. Receiving Party: the party or its Affiliates who receives or otherwise obtains any Confidential Information.

1.17. Service: any of the web-based applications, tools, APIs and platforms available as a subscription, developed, operated and maintained by the Company, accessible via https://aqurate.ai or another designated URL, any ancillary products and services, including cloud hosting, and any Professional Services provided to the Customer.

1.18. Subscription Term: the initial term of the Customer’s subscription to the applicable Service as stated at sign-up or in the order form, and each subsequent renewal term. For Free/Trial Subscriptions, the Subscription Term will be the period during which the Customer has an account to access those Services.

1.19. Trial/Free Subscription: means the Service or other products or features made available by the Company to the Customer on an unpaid trial or free basis.

2.1. By using the Service, the Customer agrees to be bound by the latest version of the Standard Service Terms, all applicable laws and regulations, and agrees to be responsible for compliance with any applicable local laws or regulations.

2.2. The Company may amend this Agreement and any policies incorporated into it. The Company will notify the Customer of any material change by email to the address specified in the Customer's account, and the change takes effect 15 days after that notice. Changes that do not materially affect the Customer's rights or obligations take effect on publication. If the Customer does not accept a material change, the Customer may terminate the affected subscription without penalty by notice given before the change takes effect, and continuing to use the Service after that date constitutes acceptance. The effective date of a change to pricing, subscriptions and usage plans is governed by article 4.1. Where the Subscription Term is longer than the Billing Period, a material change applies to that subscription from the start of its next Subscription Term, except where the change is required by law or is necessary to protect the security or integrity of the Service, in which case it applies from the date stated in the notice.

2.3. The Company licenses a non-exclusive, non-transferable, non-sub-licensable right of use of its Service to the Customer, conditioned by the compliance with this Agreement.

2.4. The Customer will use the Service only for its own purpose and refrain from reselling, distributing, renting or leasing the Service to third parties. A separate agreement to be executed between the parties is required for the Customer to use the Service in connection with third parties.

2.5. Customers using a Developer Subscription will not use the Service for commercial purposes, and will only use the Service in staging/development environments.

2.6. The Service shall not be used on more domains than included in the Paid Subscription. The default number of included domains is one.

2.7. Trial/Free Subscriptions, extensions of a trial period, and any further trial are made available at the Company's discretion, for the period and on the terms stated by the Company at the time, subject to the required Integrations, Paid Subscription tier, and other reasonable business considerations of the Company. Granting any of these creates no entitlement to a further grant.

2.8. The Service’s analysis and prediction features are not guaranteed to have perfect correctness and are subject to the quality and cleanliness of the datasets provided via Integrations. The Company shall not be liable for any of the Customer’s business decisions and automated business processes resulting from the use of the Service.

2.9. The Customer will not interfere with or disrupt the integrity or performance of the Service.

2.10. The Customer must notify the Company of any defect of the Service immediately after its detection. The Company will use commercially reasonable efforts to repair the defect within a reasonable period.

2.11. The intellectual property (including copyright) over the know-how, the software and design that runs the Service (source code and binaries), the Aqurate name (“Aqurate” is a trademark and logomark registered with EUIPO under no. 018657607 and 018739632), as well as any information on the Company’s Website (including but not limited to descriptions of subscription packages, feedback, derivative works, enhancements to the Service with or without the support of the Company's Customers) belongs exclusively to the Company. All modifications that may be made to it as a result of the cooperation between the parties, even suggestions of improvements made by the Customer, which may be developed by the Company (at the Company’s option) and will belong to the Company. The Customer will have no ownership, not even partial, over the intellectual property in or to the Service, including the algorithms, software and systems of the Service.

2.12. The Company manages and maintains all the servers, including proprietary or third-party software. No direct access to the infrastructure or software is provided to the Customer.

2.13. The Company is entitled to carry out maintenance work that can disrupt the Service. The planned maintenance work shall be notified in advance by email (sent to the email address specified in Customer’s account) or by means of a notice on the Company’s Website.

2.14 The Company may modify the Service and may discontinue any feature or Integration. Where a change significantly reduces the functionality available to the Customer, the Company will give 30 days' notice by email, and the Customer may terminate the affected Paid Subscription by notice given before the change takes effect.

3.1. The Company collects, stores and further processes personal data as a result of, or in the course of, providing the Aqurate products and services hereunder. Please review our Privacy Policy, available here, which regulates how we process personal data. Continuing use of the Aqurate products and/or services shall be considered as agreement to the terms of the Privacy Policy. The Customer is hereby advised that the Company may update or amend the Privacy Policy from time to time to reflect changes regarding information practices. If the Company makes any material changes, the Company will notify the Customer by email (sent to the email address specified in Customer’s account) or by means of a notice on the Company’s Website prior to the change becoming effective. Continuing use of any Aqurate products and/or services shall be considered as consent/agreement to such updated terms of the Privacy Policy.

3.2. The Customer is responsible to obtain the consent to record, store and process data from its End Users, in accordance with the applicable laws and regulations regarding Personal Data, as necessary for Company and its Affiliates to provide the Service.

3.3. The Customer shall not send/transfer/disclose to the Company any sensitive personal information of its End Users. If it is necessary for Customer to share/disclose/transfer such personal information to the Company, it shall always be de-personalised, anonymised and/or otherwise encrypted (or hashed) so as to no longer constitute Personal Data within the meaning of the EU General Data Protection Regulation 2016/679 or any other legislation regarding personal data before disclosure/transfer to the Company.

3.4. If Customer is unable to comply with such pre-disclosure encryption / de-personalisation / anonymisation / hashing requirement and sends the Company personal data of its End Users, the Customer is exclusively responsible to inform about, and to obtain the consent to record, store and process data from its End Users, in accordance with the applicable laws. The Customer hereby undertakes to procure that such End User consent extends also to the Company and its Affiliates, to allow the latter to record, store and process this information on behalf of the Customer. The relationship between Customer, on one hand, and Company on the other hand, in relation to such data processing will be governed by the Data Processing Addendum available here, which shall become an integral part of this Agreement.

3.5. The Company reserves the right to delete any End User data: (i) not legally obtained, or (ii) obtained without the End Users consent, or (iii) legally obtained with the End User's consent, but on the explicit request from the End User.

3.6. The Company may collect information about the Customer’s usage patterns (e.g., when and how you interact with the Service). We may aggregate and anonymize this information and share it with third parties provided that we do not identify End Users.

3.7. The Company may collect and use the Customer and End User data in an anonymised manner to improve its services and products, training AI/ML models, or create new services and products, as well as publish industry reports and analyses.

4.1. The Customer shall pay the Company for the use of the Service a remuneration as per the selected subscription, and all amounts paid are non-refundable except as otherwise provided in this Agreement or required by law. The payment shall be made through a payment platform chosen by the Company. Company may change pricing, subscriptions, and usage plans by publishing the change on the Company's Website. For a Customer with an active Paid Subscription, such changes takes effect on the first billing date falling at least 15 days after being notified by email to the address specified in the Customer's account. The Customer may terminate the affected Paid Subscription without penalty before the change takes effect. Automatic reassignment of a volume tier under article 4.6 is not a change of price for the purposes of this article. The Parties may negotiate and agree custom terms for the Service through an order form.

4.2. For invoicing purposes, the Customer shall also provide the VAT ID (if applicable) or other tax identification as and if requested.

4.3. The Customer shall pay all invoices at the time of issue, unless otherwise agreed with the Company and stipulated on the invoice. Any amount not paid when due bears interest at 0.1% for each day of delay, accruing from the due date until payment in full. Where any invoice remains unpaid 15 days after its due date, the Company may terminate the subscription or the Agreement with immediate effect on written notice; the Company is under no obligation to exercise this right, and any forbearance does not waive it or limit its exercise on a later occasion. Termination under this article does not extinguish any amount owed: all outstanding invoices remain payable, no refund is due, and where the Paid Subscription is priced on a committed volume the fees for the remainder of the Subscription Term become immediately due.

4.4. For Customers participating in a Trial Subscription, at the end of the trial period the Trial Subscription converts automatically into the matching Paid Subscription and becomes subject to that Subscription's terms. The Customer may prevent conversion by cancelling at any time before the trial period ends, in which case termination is effective immediately.

4.5. Notwithstanding article 4.4, where a Trial Subscription converts into a Paid Subscription the Customer may request a full refund of the first amount charged after conversion, by written notice given within 3 calendar days of that charge. The Paid Subscription terminates on the date the refund is issued.

4.6. Upgrades, downgrades, additions and removals of products requested by the Customer take effect at the start of the next Billing Period, or during the current Billing Period on a prorated basis where the Company makes that option available.

4.7. Where a Paid Subscription is priced by volume according to the volume tiers published on the Company’s Website, the volume is measured in Qualifying Orders as defined in article 1.14. The applicable tier and price are determined by the number of Qualifying Orders in the 30 days ending on each billing date. The tier is reassessed at each billing date and moves up or down automatically to match actual volume. No notice is required and the change applies to the Billing Period then starting.

4.8 The volume tiers published on the Company's Website apply only up to the highest volume stated in them. Where the Customer's Qualifying Orders exceed that volume, continued use of the Service requires a Paid Subscription priced on a committed volume agreed in an order form. The Company will notify the Customer, and the Parties will agree an order form within 30 days of that notice. Until the order form takes effect the Customer continues to be billed at the highest published tier. If no order form is agreed within that period, the Company may terminate the Paid Subscription on 30 days' written notice.

4.9. The Customer may dispute the number of Qualifying Orders used for an invoice by written notice within 30 days of the invoice date, accompanied by a report from the Customer's eCommerce platform covering the same period. Where the discrepancy is confirmed, the Company will exclude the non-qualifying orders at source where the relevant Integration supports it, or otherwise apply an agreed weighting factor to the counted orders, and will issue a credit note for the amount overcharged, applied against the next invoice and any subsequent invoices until exhausted. No interest under article 4.3 accrues on any amount for which a credit note is issued. Invoices not disputed within 30 days are deemed accepted.

4.10. For Paid Subscriptions billed in RON, the EUR price is converted using an exchange rate rounded to the second decimal in RON of the official EUR/RON reference rate published by the National Bank of Romania. Aqurate may update this rate periodically to reflect changes in the BNR reference rate, with such updates taking effect at the start of the subsequent billing cycle.

5.1. THE SERVICE IS PROVIDED AS-IS AND WITHOUT WARRANTY OF ANY KIND; TO THE EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR AN INTENDED PURPOSE, INTEGRATION, AVAILABILITY, NON-INFRINGEMENT, AND PERFECT ACCURACY. However, the Company will use commercially reasonable efforts to make the Service available 99% of the time during each month, with the mention that Company will not be liable for the consequences of any interruptions or errors.

5.2. The Service commitment does not apply to any unavailability, suspension or termination of Agreement, or any other performance issues that result from:

(a) a suspension / termination of this Agreement,

(b) planned maintenance work on the Service, notified 24 hours in advance,

(c) factors outside Company’s reasonable control, including any force majeure event, host provider’s service, or related problems beyond Company’s demarcation point,

(d) any Customer’s actions or inactions or any related third party, or

(e) Customer’s equipment, software or other technology and/or third-party equipment, software or other technology (other than Customer’s infrastructure under Company’s direct control).

6.1. The Customer may request technical support, by using the channels provided on the Company’s Website or by emailing support@aqurate.ai.

6.2. The Company does not guarantee any specific response time for technical support, unless otherwise provided for a specific subscription. The Company may limit or deny Customer access to support if it determines, in Company’s reasonable discretion, that the Customer is acting, or has acted, in a way that results or has resulted in misuse of support or abuse of Company’s representatives.

7.1. The Customer grants to the Company the right to use the Customer’s name and logo on marketing materials (including, but not limited to the Company’s Website and presentations). To object to this use, the Customer can send an email to office@aqurate.ai.

8.1. The Receiving Party shall keep the Confidential Information in strict confidence and shall not use or disclose any of the Confidential Information to any third party in any manner whatsoever other than to perform its obligations or exercise its rights under this Agreement; provided, however, that the Receiving Party may make a disclosure of information contained in the Confidential Information to which the Disclosing Party gives its prior written consent; Company may engage subcontractors and disclose information to them to facilitate the provision of the Service.

8.2. This Agreement imposes no obligation upon the parties with respect to any Confidential Information (a) that was rightfully possessed before receipt; (b) is or becomes a matter of public knowledge through no fault of the Receiving Party; (c) is rightfully received from a third party not owing a duty of confidentiality; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of the Disclosing Party; or (e) is independently developed by the other party.

9.1. The Customer will indemnify, defend and hold the Company and its Affiliates and successors (and the officers, directors, employees, agents, service providers, licensors) harmless, at Customer’s expense, against any claim, suit, action, proceeding losses, liabilities, damages, settlements which may arise out of or relate to:

(a) unauthorized or illegal use of the Service by the Customer,

(b) Customer’s noncompliance with or breach of this Agreement,

(c) the unauthorized use of the Service by any other person using the Customer’s End User or other information,

(d) the unauthorized disclosure or use of the Personal Data, or

(e) reliance on the Service’s analytics and prediction features to make business decisions and automate business processes.

9.2 The Company will indemnify, defend and hold the Customer harmless against any third-party claim alleging that the Service, as provided by the Company and used in accordance with this Agreement, infringes that third party's copyright, trademark, patent or trade secret, and against damages and costs finally awarded against the Customer or agreed in settlement of such a claim. This indemnity does not apply to a claim arising from:

(a) modification of the Service by anyone other than the Company,

(b) combination of the Service with products, data or services not supplied by the Company, where the claim would not have arisen but for that combination,

(c) use of the Service other than in accordance with this Agreement or after the Company has notified the Customer to stop, or

(d) any data, content or materials provided by the Customer or its End Users.

Where such a claim arises or is likely to arise, the Company may at its option procure the right for the Customer to continue using the Service, modify or replace the Service so that it is no longer infringing, or terminate the affected Paid Subscription and refund any prepaid fees for the unused remainder of the Subscription Term. This article states the Company's entire liability and the Customer's exclusive remedy for any claim of infringement, and the Company's liability under it is subject to the limit in article 12.3.

9.3. A party seeking indemnification will notify the indemnifying party promptly in writing after becoming aware of the claim, will give the indemnifying party sole control of the defence and settlement of the claim, and will provide reasonable information and assistance at the indemnifying party's expense. Failure to notify promptly relieves the indemnifying party of its obligations only to the extent it is prejudiced by the delay. The indemnifying party shall not accept any settlement that (a) imposes an obligation on the indemnified party, (b) requires the indemnified party to make an admission, or (c) imposes liability not covered by the indemnity or places restrictions on the indemnified party, without the indemnified party's prior written consent.

9.4. The obligations of the Agreement shall extend to all entities that constitute “Customer,” including all Affiliates, even though each such entity is not specifically named as a party to this Agreement. As such, Customer and its successors and assigns will be and remain liable for all of the obligations of all entities that constitute “Customer” under the Agreement, including all Affiliates, and the Company will look to Customer and its successors and assigns for enforcement of Company’s rights under the Agreement.

10.1. The force majeure protects against liability to the extent and for the period that the party is prevented, hindered, or delayed to fulfil its obligation because of the force majeure event. The party that invokes the force major will communicate in writing, to the other party, the proof of the force major event, in maximum 5 days from its appearance. The same procedure of notification will apply in case of cessation of the force majeure event. If due to the force majeure event one of the parties is hindered to fulfil, totally or partially, its contractual obligations for a period longer than 30 (thirty) days, then the other party will have the right, to cancel the Agreement, through a written notification sent to the other party.

11.1. The term of this Agreement is equal to the Subscription Term as stated at sign-up or in the order form. The Subscription Term renews automatically for periods of identical length unless terminated as follows:

• Customers on a Trial/Free Subscription may notify the Company about the intent to terminate their subscription or the entire Agreement at any time. The termination shall be effective immediately.

• Customers on a Paid Subscription may notify the Company about the intent to terminate their subscription or the entire Agreement at any time. Where the Subscription Term is equal in length to the Billing Period, termination takes effect at the end of the current Billing Period. Where the Subscription Term is longer than the Billing Period, termination takes effect at the end of the current Subscription Term, and notice must be given at least 30 days before its expiry to prevent automatic renewal for a further term. In all cases the Customer remains liable for fees invoiced or accrued up to the effective date, and amounts already paid are non-refundable.

• The Company may terminate the subscription or the Agreement for convenience on 30 days' written notice to the Customer, and will refund any prepaid fees for the unused remainder of the Subscription Term.

• Either party may terminate the subscription or the Agreement where the other commits a material breach and fails to cure it within 15 days of written notice specifying the breach.

• The Company may terminate the subscription or the Agreement with immediate effect on written notice where the Customer: (a) commits a material breach that is not capable of cure; (b) uses the Service unlawfully, resells or otherwise makes the Service available to a third party, uses it on domains not covered by the Paid Subscription, or interferes with the integrity or performance of the Service; (c) becomes insolvent, enters insolvency, reorganisation or liquidation proceedings, or ceases to carry on business; or (d) repeats a breach that it previously cured following notice under this article. No refund is due on termination under this paragraph.

• Termination for non-payment is governed by article 4.3.

11.2. The Company may suspend the Service, in whole or in part, with immediate effect and without prior notice, where necessary to prevent or stop a security incident or a threat to the integrity of the Service, unlawful use of the Service, or a breach of this Agreement that is causing or is reasonably likely to cause harm to the Company, to other customers or to End Users. The Company may act on reasonable suspicion in the case of a security incident or unlawful use. The Company will notify the Customer of any suspension without undue delay and will restore the Service once the cause has been resolved. Suspension does not relieve the Customer of the obligation to pay fees, except where the suspension was not justified, in which case the Company will credit the fees for the period of suspension.

11.3. Upon termination the Customer is prohibited from using the Service.

12.1. IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, PRODUCTIVITY, OPPORTUNITY OR PROFIT, OR DUE TO BUSINESS INTERRUPTION), UNDER ANY LEGAL THEORY OR CLAIM EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING WITHOUT LIMITATION LIABILITY ARISING OUT OF BREACH OF CONTRACT, TORT, OR THE USE, INABILITY TO USE, POOR PERFORMANCE, OR DEFECTS OF THE SERVICE.

12.2. The Company is not liable for any use of the Service by the Customer or End Users in violation of any laws and regulations, including the European Union or U.S. laws, the Customer’s local laws or regulations, or the End Users local laws or regulations.

12.3. In any case, the Company is not liable, per claim or in the aggregate, for an amount greater than the Company was paid by the Customer during the 12 months prior to a claim.

13.1. All notices, requests, registrations or any other documents communicated between the Parties, except for technical support requests, shall be made in writing and sent via:

• email to office@aqurate.ai and, respectively, the address provided by the Customer
• the dedicated section of the Service

13.2. All notices, requests, registrations or other documents communicated between the Parties, shall be sent in Romanian or in English.

13.3. Any notice so given shall be deemed to have been given on the next day of transmission of the e-mail/message if sent on a business day, or on the first working day following the day of transmission if sent outside of business days.

13.4. Verbal notifications shall not be taken into account by either Party unless they are confirmed by one of the means set out in the preceding paragraphs.

14.1. The Customer shall not assign, without the prior written approval of the Company, in whole or in part, this contract or the rights/obligations arising therefrom, regardless of the form of such acts and whether they are free of charge or for consideration. The Company may freely assign or transfer the contract to another service provider, together with and/or any of its obligations.

15.1. If any provision of this Agreement shall be held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of this Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic effect.

16.1. The Customer is contracting with MACHINE LEARNING SOLUTIONS SRL and this Agreement shall be governed by the laws of Romania. Both parties consent to the exclusive jurisdiction and venue of the courts in Bucharest, Romania, for all disputes arising out of or relating to this Agreement or the use of the Service.