Updated Jan 17, 2024
You agree to be bound by these Terms of service (these “Terms” or this “Agreement”) of www.the-egg.com (the “Site”), owned and operated by filfred – programas informáticos, lda, a portuguese corporation (“we” or “us” or “Filfred”) any time you use or access the Site, our applications (“Applications”) and any of our other products or services located on the Site or through the Applications (together with the Site and the Applications referred to herein as the “Services”). Your use of the Services is subject to your acceptance and compliance with these Terms. If you do not agree to these Terms, do not use the Services. Each time you access or use the Services, the current version of these Terms will apply. These Terms will always be available on the Site.
Your use of the Services is also subject to our Privacy Policy, available on the Site and incorporated into these Terms by reference; in addition, you agree to abide by our rules, policies, and procedures we may publish on the Services from time to time, including policies and terms applicable to Subscriptions (as defined below). We reserve the right at any time and without notice to change these Terms.
Additionally, we continually test various aspects of our Services, including but not limited to our Site, Applications, user interfaces, service levels, plans, promotional features, and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. If you have questions regarding these Terms, please contact us.
THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE SITE, AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE SERVICES OR APPLICATIONS. BY ACCESSING OR USING THE SITE, SERVICES, AND/OR APPLICATIONS, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE BETWEEN 13 AND 17 YEARS OLD, INCLUSIVE, THAT YOU ARE USING THE SITE, SERVICES AND/OR APPLICATIONS ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
1. Services, registration & account
1.1 Services.
The Services we offer primarily consist of a subscription-based service in which investors (“Investors”) can access projects created by entrepreneurs (“Entrepreneurs”). In order to Entrepreneurs initiate a conversation with Investors, there needs to be a match and Entrepreneurs need to have credits on their account.
1.2 Registration.
You may be asked to register for an account (an “Account”) on the Site or through the Applications before using the Services. When you register for an Account, you agree to (i) provide accurate, current, and complete information about yourself as prompted by our registration form and (ii) maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, you will have materially breached these Terms, and we reserve the right to terminate this Agreement and your use of the Services. As part of the registration process, you may be asked to provide a username and password unique to the Account (collectively referred to as “Login Information”). You will be responsible for the confidentiality and use of your Login Information and agree not to transfer or resell your use of or access to the Services to any third party. If you have reason to believe that your Account is no longer secure, you must immediately notify us of the problem.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account. You further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to our benefit. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities are conducted through your Account. You may use our Services only if you are at least the age of majority in the jurisdiction in which you reside.
If you open or operate an Account on behalf of an entity, you represent and warrant that you are an authorized representative of such entity and that you have authority to bind such entity to these Terms.
1.3 Our Rights.
WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AND/OR TERMINATE OR SUSPEND YOUR ACCESS TO THE SERVICES AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE, WITHOUT ANY LIABILITY TO YOU WHATSOEVER. You acknowledge and agree that we are not required to notify you before suspending or terminating your Account and/or your access to the Services.
1.4 Your Rights.
You have the right to cancel your Account, if applicable, at any time. You understand and agree that, except as expressly provided by law and otherwise herein, the cancellation of your Account and the cessation of your use of the Services is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to or arising out of (i) this Agreement or our enforcement or application thereof or (ii) your ability to access and/or use the Services.
2. The Services
2.1 General Information.
The Services are mainly comprised of a platform that permits Entrepreneurs to find Investors for their ideas. There must be a match and therefore Investors need to purchase subscription to access all projects.
To start a conversation Entrepreneurs need to purchase credits.
If you purchase a subscription (a “Subscription”) or credits (“Credits”), you agree to pay the subscription price listed on the purchase page for the subscription period indicated thereon. Your Subscription will not renew automatically at the end of the subscription period. If you are directed to our third-party payment processor(s), you may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services.
We may change our Subscription types and prices of our Services from time to time.
Your Credits will not expire and you can purchase more whenever you want.
2.2 Your credits and subscription.
Any Credits and Subscriptions shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Credits and Subscriptions do not incur fees for non-use, however, the license granted to you in Credits and Subscriptions will terminate in accordance with the terms of this Agreement, when Filfred ceases providing the Service or your account is otherwise closed or terminated. Filfred, in its sole discretion, reserves the right to charge fees for the right to access or use Credits and Subscriptions and may distribute Credits and Subscriptions with or without charge. Filfred may manage, regulate, control, modify or eliminate Credits and Subscriptions at any time. Filfred shall have no liability to you or any third party in the event that Filfred exercises any such rights. Credits and Subscriptions may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF CREDITS AND SUBSCRIPTIONS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Credits and Subscriptions for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Credits and Subscriptions. YOU ACKNOWLEDGE THAT FILFRED IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF CREDITS OR SUBSCRIPTIONS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED CREDITS OR SUBSCRIPTIONS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
2.3 Refunds.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area - in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
For subscribers and purchasers of Credits residing in the Republic of Korea – in accordance with local law, you are entitled to a full refund of your subscription and/or unused Virtual Items during the 7 days following the purchase. Please note that this 7-day period commences upon the purchase.
Except as noted above for members resident in the Republic of Korea, purchases of Credits are FINAL AND NON-REFUNDABLE.
3. Customer conduct
3.1 User Content.
The Services are provided for your own use. You are responsible for all of your activity in connection with the Services. The Services may include interactive areas in which you may post public content and information, (in whatever form, referred to herein as “User Content”). You are solely responsible for, the User Content you post to the Services. You are also solely responsible for your use of such interactive features and use them at your own risk. We reserve the right to remove or modify User Content for any reason at our sole discretion. You represent and warrant that no User Content is false, misleading, untruthful, or inaccurate and that the User Content you post does not infringe any patent, trademark, copyright, trade secret, right of publicity, or any other right of any other person or entity.
When you post User Content to the Services, you give us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a user profile on the Services, the foregoing license includes a right to reproduce your profile, and any name, likeness, or photograph contained in such profile.
If your Content is subject to data protection laws (“Personal Data”) and is processed by us as a data processor acting on your behalf (in your capacity as data controller), we will use and process your Content in order to provide the Services and fulfill our obligations under the Terms and in accordance with your instructions as represented in these Terms. Notwithstanding anything to the contrary, this section of the Terms expresses the entirety of our obligations with respect to your Content. “Content” means any of your, or your users’ data, files, documents, and other information that is uploaded to your Service account for storage or used, presented, or shared with third parties in connection with the Service.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
3.2 Your Conduct.
All User Content shall be free of violent, threatening, vulgar, discriminatory, harassing, illegal, or sexually objectionable content (“Impermissible Content”). You acknowledge and agree not to post any Impermissible Content, not to use the Services for or to further any illegal activity, and to otherwise comply with any policies related to User Content we may implement from time to time. You also acknowledge and agree that nothing in this paragraph limits our rights under Section 1.3 of these Terms.
4. General terms
4.1 Termination.
This Agreement shall continue until you cease using the Services, close your Account and uninstall our Applications, if applicable, in accordance with our standard procedures or until sooner terminated according to these Terms. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
4.2 Indemnification.
You agree to indemnify and hold harmless us, our affiliates, and our and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and third party service providers (collectively, the “Indemnitees”) from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly result from your information, use of the Services, or your breach of these Terms. You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against any Indemnitee provided that you will not agree to any settlement that imposes any obligation or liability on any Indemnitee without our prior express written consent.
4.3 Electronic Notices and Disclosures.
You agree that we are able to provide you notices electronically to you through your Account or other electronic means all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship. You can receive all the disclosures and notices electronically. By using electronic disclosure, all pertinent delivery fees are waived as charged to you by third parties, including, but not limited to, text rates, bills, and surcharges.
We may give you notices by posting on the Site or by sending them to your Account or to the email address on file for you. It is your responsibility to ensure that your email address and other contact information is updated, current, and correct. All notices to us shall be sent via recognized overnight courier or certified mail, return receipt requested, to filfred – programas informáticos, lda, rua da pousada , nº 9 azurém guimarães 4800-056 guimarães,portugal.
4.4 Warranty Disclaimer.
YOU EXPRESSLY AGREE THAT THE SERVICES ARE AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICES, OR ANY PART THEREOF, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT OUR WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF OUR CONTROL. THE SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING THE INHERENT RISKS OF THE INTERNET.
4.5 Limitation Of Liability.
IN NO EVENT SHALL WE, OUR DIVISIONS, SUBSIDIARIES AND AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, OWNERS, AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (I) THE ACCESS, CONSUMPTION OR USE OF OR THE INABILITY TO ACCESS OR USE ANY PART OF THE SERVICES; (II) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (III) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (V) ANY WEBSITE REFERENCED OR LINKED TO FROM THE SERVICES; (IV) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE; (V) YOUR RELIANCE UPON ANY MATERIAL, PRODUCT, SERVICE OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SERVICES; OR (VI) THE LOSS OR CORRUPTION OF DATA OR INFORMATION.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO YOUR USE OF THE SERVICES IS LIMITED TO THE GREATER OF $100 AND THE SUBSCRIPTION FEES COLLECTED PAID BY YOU DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
BECAUSE WE ARE NOT RESPONSIBLE FOR DEVELOPER CONTENT, IF A DISPUTE ARISES BETWEEN A CUSTOMER AND DEVELOPER WITH RESPECT TO DEVELOPER CONTENT (OTHER THAN REGARDING THE DELIVERY OF SUCH DEVELOPER CONTENT), THEN YOU RELEASE US (AND OUR AFFILIATES, AGENTS, AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, THEN YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT AND THAT WITHOUT SUCH WAIVER, WE WOULD NOT HAVE ENTERED INTO THESE TERMS.
4.6 Intellectual Property.
The Services are protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the same violates these Terms and may violate applicable law. Except as expressly provided herein, we do not grant you any express or implied right to use the Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer any of the Services. In addition, you agree not to take any action that may infringe on our Intellectual Property Rights.
4.7 Governing Law.
This Agreement shall be governed by the laws of Ireland without giving effect to conflicts of law principles. Any claim against us arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party. Any action relating to this Agreement must be brought in the courts located in Ireland, and you irrevocably consent to the jurisdiction of such courts.
4.8 Miscellaneous.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. You shall not assign or transfer these Terms or any right or obligation hereunder to any third party. These Terms, together with any other documents or agreements referred to herein, set forth the entire Agreement between you and us.
5. Your commitments to Egg and our community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
5.1 Who can use Egg
When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:
Provide for your account the same name that you use in everyday life.
Provide accurate information about yourself.
Create only one account (your own) and use it for personal purposes.
Not share your password, give access to your Egg account to others, or transfer your account to anyone else (without our permission).
We try to make Egg broadly available to everyone, but you cannot use Egg if:
You are under 17 years old.
We've previously disabled your account for breaches of our Terms or terms and policies that apply to your use of Egg. If we disable your account for a violation of our Terms or other terms and policies, you agree not to create another account without our permission. Receiving permission to create a new account is provided at our sole discretion, and does not mean or imply that the disciplinary action was wrong or without cause.
You are prohibited from receiving our products, services, or software under applicable laws.
5.2 The permissions you give us
We need certain permissions from you to provide our services:
Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
You retain ownership of the content that you create and share on Egg and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content.
However, to provide our services we need you to give us some legal permissions (known as a "license") to use this content.
Specifically, when you upload content that is covered by intellectual property rights you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Egg, you give us permission to store, copy, and share it with others (again, consistent with your settings). This license will end when your content is deleted from our systems.
You can delete individual content you upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. Learn more about how to delete your account. Account deletion does not automatically delete your content.
It may take up to 90 days to delete content after we begin the account deletion process or receive a content deletion request. While the deletion process for such content is being undertaken, the content is no longer visible to other users. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.
Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted);
where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
where immediate deletion would restrict our ability to:
investigate or identify illegal activity or violations of our terms and policies);
protect the safety, integrity, and security of our Products, systems, services, and users, and to defend ourselves;
comply with legal obligations for the preservation of evidence and preserve to comply with any record keeping obligations required by law; or
comply with a request of a judicial or administrative authority, law enforcement, or a government agency;
in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
In each of the above cases, this license will continue until the content has been fully deleted.
Permission to use your name, profile picture, and information about your actions: Your name and profile picture and information about actions you have taken on Egg can be used next to or in connection with ads, offers, and other sponsored or commercial content that we display across our platform, without any compensation to you.
Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
6. Additional provisions
6.1 Updating our Terms
We work constantly to improve our services and develop new features to make our platform better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices to promote a safe and secure experience on our platform and services, and/or to comply with applicable law. We will only make any changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests or if the changes are required for safety and security purposes or to comply with applicable law.
We will notify you (for example, by email or through our platform) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our platform.
We hope that you will continue using our platform, but if you do not agree to our updated Terms and no longer want to be a part of the Egg community, you can delete your account at any time.
6.2 Account suspension or termination
We want Egg to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, we may suspend or permanently disable your access to Egg, and we may permanently disable or delete your account. We may also disable or delete your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons. Learn more about how we deal with repeated violations of our content policies here.
We may disable or delete your account if after registration your account is not confirmed, your account is unused and remains inactive for an extended period of time, or if we detect someone may have used it without your permission and we are unable to confirm your ownership of the account. Learn more about how we disable and delete accounts.
Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or platform; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
You can learn more about what you can do if your account has been disabled and how to contact us if you think we have disabled your account by mistake.
If you delete or we disable or delete your account, these Terms shall terminate as an agreement between you and us.
6.3 Limits on liability
Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights.
We will exercise professional diligence in providing our platform and services to you and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.
6.4 Disputes
If a claim or dispute arises out of or relates to your use of Egg as a consumer, both you and us agree that you may resolve your individual claim or dispute against us, and we may resolve our claim or dispute against you, in any competent court in the country of your main residence that has jurisdiction over your claim or dispute, and the laws of that country will apply without regard to conflict of law provisions.
If a claim or dispute arises between us that relates to use of Egg in any other capacity, including, but not limited to, access or use of Egg for a business or commercial purpose, or that an entity brings on your behalf, you agree that any such claim or dispute must be resolved in a competent court in Portugal and Portuguese law will apply to such claim or dispute without regard to conflict of law provisions.
6.5 Other
These Terms make up the entire agreement between you and Egg regarding your use of our platform. They supersede any prior agreements.
To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
If any portion of these Terms is found to be unenforceable, the unenforceable portion will be deemed amended to the minimum extent necessary to make it enforceable, and if it can’t be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
We may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
We always appreciate your feedback and other suggestions about our products and services. But we may use feedback and other suggestions without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
If the ownership or control of all or part of our platform or their assets changes, this could result in a transfer of your information to the new owner.