This Terms of Use and Data Processing Agreement (“Agreement”) governs your use of the Nedion mobile application and any related services (“Services”) offered by 7Stockapp OÜ (“Company”, “we”, “us”, or “our”). This Agreement also incorporates the data processing agreement between the Company as the Data Controller and the Company as the Data Processor.

1.Definitions

GDPR: General Data Protection Regulation (EU) 2016/679 of 27 April 2016.
Personal Data: Any information relating to an identified or identifiable natural person (‘data subject’) as defined in Article 4(1) of the GDPR.
Processing: Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, as defined in Article 4(2) of the GDPR.
Data Controller: The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. (In this case, 7Stockapp OÜ)
Data Processor: A natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. (In this case, 7Stockapp OÜ)
User Content: Any content posted by users on the Application.

2.Use of the Application

2.1 Acceptance
By using the Application or accessing the Services, you represent that you have read, understood, and agree to be bound by this Agreement. If you do not agree to this Agreement, you must not use the Application or access the Services.

2.2 Comments
User Content: You are solely responsible for the accuracy, completeness, and legality of any content you post on the Application (“User Content”).
Prohibited Content: You are prohibited from posting any of the following types of User Content on the Application:
Illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, hateful, or otherwise objectionable content.
Content that infringes on the intellectual property rights of others.
Spam, chain letters, or pyramid schemes.
Content containing viruses or other harmful code.
Content Moderation: The Company reserves the right, but is not obligated, to monitor and remove any User Content posted on the Application.
Reporting: If you see any prohibited User Content on the Application, please report it to us.

2.3 Privacy
Your use of the Application is subject to our Privacy Policy, which is available at https://nedion.org/privacy-policy-3/. Our Privacy Policy explains what information we collect, how we use and share that information, and what steps we take to protect your privacy.

2.4 Intellectual Property
The Application and Services are owned by the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws.

2.5 Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION OR SERVICES. THE APPLICATION AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
THE COMPANY DOES NOT WARRANT THAT THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT ANY DEFECTS OR VIRUSES OR OTHER HARMFUL COMPONENTS WILL BE CORRECTED.

2.6 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Estonia.

2.7 Amendments
The Company reserves the right to amend this Agreement at any time. Amended Agreement shall come into force upon its publication in the Application.

3.Data Processing

Since the Company acts as both the Data Controller and the Data Processor, the Company ensures that it complies with all obligations under the GDPR for both roles.

3.1 Data Processing Obligations
Compliance with Instructions: The Company as Data Processor will process personal data only on documented instructions from the Company as Data Controller.
Confidentiality and Security: The Company will implement appropriate technical and organisational measures to ensure the confidentiality and security of personal data.
Sub-processors: The Company will not engage any sub-processors without the prior written consent of the Company as Data Controller.
Data Subject Rights: The Company will assist in fulfilling its obligations to respond to requests regarding data subject rights.
Data Breaches: In the event of a personal data breach, the Company will notify the relevant supervisory authority within 72 hours of becoming aware of the breach, where feasible. Users potentially impacted by the breach will be informed without undue delay when the breach is likely to result in a high risk to their rights and freedoms.
Record Keeping and Deletion: The Company will keep personal data only for as long as necessary for the purpose of the processing and shall delete it thereafter.

3.2 Data Controller Obligations
Lawful Processing: The Company will comply with all applicable laws and regulations regarding the processing of personal data.
Instructions: The Company as Data Controller will provide clear and written instructions to the Company as Data Processor regarding the processing of personal data.
Auditing: The Company as Data Controller may carry out audits to ensure that the Company as Data Processor is acting in accordance with the GDPR.

3.3 Processing of Personal Data
The Company may process the following personal data relating to the Application’s comment system:
Username
Comments
IP Address
Date and time of comment
This personal data will be processed for the purposes of publishing and managing comments and improving the functionality of the Application.

4.Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Estonia. Any dispute between the parties shall be resolved amicably through good-faith negotiation. If no agreement can be reached, the dispute shall be settled in the competent courts of Estonia.

5.Term and Termination

This Agreement shall enter into force on the date it is signed and shall remain in force until it is terminated by either party in writing.

6.Acceptance

By using the Application, Users agree to be bound by this Agreement and to comply with the terms set forth herein.

7.Disclaimer

THE COMPANY MAKES NO WARRANTIES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT AND DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATED TO THE USE OF THE APPLICATION OR SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.