Return and Refund Policy

Effective date: 28 July 2026
Last updated: 28 July 2026
Version: 1.0

This Return and Refund Policy (the “Policy”) governs all returns, cancellations, withdrawals and refunds in respect of products and services purchased from the online store operated at [STORE DOMAIN] (the “Store”).

1. Who we are

Seller / data controller	S.C. CODERSHYVE S.R.L. (“Codershyve”, “we”, “us”, “our”)
Registered office	Str. Motorului nr. 5A, ap. 30, Baia Mare, Maramureș 430013, Romania
Trade Register no. / EUID	J2024001049242 / ROONRC.J2024001049242
Sole registration code / VAT ID	50327689 / RO50327689
E-mail	[BILLING / SUPPORT EMAIL]
Telephone	[PHONE]

This Policy forms an integral part of our Terms of Service and of the End User Licence Agreement (“EULA”) applicable to the Software. By placing an order through the Store you confirm that you have read, understood and accepted this Policy.

2. Definitions

• “Software” means the SunGrid Portal software application and any of its components, modules, container images, firmware, agents, add-ons, plug-ins, register maps or documentation supplied by us, in each case supplied electronically and not on a tangible medium.
• “Licence” means any perpetual, term, seat-based, installation-based or hardware-locked (HWID-bound) right to use the Software, including licence keys, activation tokens, entitlements and feature unlocks.
• “Subscription” means any recurring-fee service, including hosted or managed portal access, licence renewal terms, update or image-update entitlements, telemetry, forecasting or relay services.
• “Technical Support” means support plans, support packs, incident bundles, remote-assistance sessions, commissioning assistance, onboarding, training or engineering time sold separately or as part of a plan.
• “Professional Services” means bespoke development, custom integrations, custom register maps, on-site or remote deployment work, and any other work performed to your specification.
• “Consumer” means a natural person acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession, within the meaning of Directive 2011/83/EU and, in Romania, of Government Emergency Ordinance no. 34/2014 (“GEO 34/2014”).
• “Business Customer” means any customer who is not a Consumer, including companies, sole traders, professionals, installers, EPCs, integrators, public bodies and associations, and any person who supplies a VAT identification number or company details at checkout.
• “Customer”, “you” means either a Consumer or a Business Customer, as applicable.

3. Policy at a glance

The table below is a summary for convenience only. It does not replace the detailed provisions in Sections 4 to 10, and it does not limit the mandatory statutory rights described in Section 5.

What you bought	Business Customer	Consumer (EU/EEA/UK)
Software Licence (perpetual, term, seat or HWID-bound)	Final sale. Non-refundable, non-returnable, non-exchangeable.	Final sale once supply has begun with your prior express consent and acknowledgement of loss of the right of withdrawal. Statutory conformity rights are unaffected.
Subscription (current billing term)	Up to 40% of the fee paid for the current billing term, if requested within 14 days of the charge.	The more favourable of (a) your statutory withdrawal entitlement, or (b) the 40% goodwill refund.
Technical Support (unconsumed balance)	Up to 40% of the fee attributable to the unconsumed balance. Support already delivered is non-refundable.	The more favourable of (a) your statutory withdrawal entitlement, or (b) the 40% goodwill refund.
Professional Services already performed	Non-refundable.	Non-refundable to the extent already performed; statutory rights apply to the remainder.
Duplicate charge, non-delivery, unremedied material defect	Full refund of the affected amount.	Full refund of the affected amount.

4. Software Licences are final sales

4.1 The rule

All sales of Licences are final sales. Licences are non-refundable, non-returnable, non-cancellable and non-exchangeable, in whole or in part, once the Licence has been delivered, activated or otherwise made available to you. This applies irrespective of whether you have installed, deployed, activated or actually used the Software.

4.2 Why

The Software is digital content supplied electronically and not on a tangible medium. Once a licence key, activation token or entitlement has been issued and bound to your installation or hardware identifier, it cannot be recalled, verified as destroyed, restocked or resold. Delivery is therefore irreversible and immediate.

4.3 Consumer acknowledgement at checkout

Where you purchase as a Consumer, we will ask you, before you are bound by the contract, to:

1. expressly consent to the immediate performance of the contract and to delivery of the digital content before the end of the 14-day withdrawal period; and
2. acknowledge that, by giving that consent, you will lose your right of withdrawal once supply has begun.

We will provide you with confirmation of that consent and acknowledgement on a durable medium together with the order confirmation. This is the mechanism expressly provided by Article 16(m) of Directive 2011/83/EU and, in Romania, by Article 16(m) of GEO 34/2014. If you do not give that consent, we cannot supply the Licence immediately; supply will instead begin after the 14-day period has expired, and your right of withdrawal will remain available until then.

4.4 What Section 4 does not do

Nothing in this Section 4 excludes, restricts or affects the mandatory statutory rights described in Section 5, in particular your rights where the Software is not in conformity with the contract.

5. Mandatory consumer rights (EU / EEA / Romania)

This Section applies only if you are a Consumer. Nothing in this Policy operates to exclude, restrict or waive rights that the applicable law does not permit to be excluded, restricted or waived. Where any provision of this Policy conflicts with such a mandatory right, the mandatory right prevails and the remainder of this Policy continues in full force.

5.1 Right of withdrawal (14 days)

As a Consumer you have, in principle, 14 calendar days to withdraw from a distance contract without giving reasons, under Directive 2011/83/EU and GEO 34/2014. The period runs from the day of conclusion of the contract for services and digital content.

To exercise it, notify us by an unequivocal statement sent to [BILLING / SUPPORT EMAIL] before the period expires. You may, but are not required to, use the model withdrawal form set out in Annex I(B) to GEO 34/2014.

5.2 When the right of withdrawal does not apply

The right of withdrawal does not apply, among others, to:

• the supply of digital content not supplied on a tangible medium, where performance has begun with your prior express consent and your acknowledgement that you thereby lose the right of withdrawal, and we have provided you with the confirmation referred to in Section 4.3 (Article 16(m) of Directive 2011/83/EU; Article 16(m) of GEO 34/2014);
• services fully performed, where performance began with your prior express consent and with your acknowledgement that you will lose your right of withdrawal once the contract has been fully performed (Article 16(a));
• goods or services made to your specifications or clearly personalised (Article 16(c)), including bespoke integrations, custom register maps and custom deployments.

5.3 Withdrawal from a service or subscription already started

If you asked us to begin providing a Subscription or Technical Support during the withdrawal period and you then withdraw, you must pay us an amount which is in proportion to what has been provided up to the moment you informed us of your withdrawal, in comparison with the full coverage of the contract (Article 14(3) of Directive 2011/83/EU; GEO 34/2014). We will refund the balance.

You bear no cost at all for services performed during the withdrawal period if we failed to give you the pre-contractual information on the right of withdrawal, or if you did not expressly request that performance begin during that period (Article 14(4)).

5.4 Reimbursement

Where you validly withdraw, we will reimburse all payments received from you, less any amount payable under Section 5.3, without undue delay and in any event within 14 days of being informed of your decision. We will use the same means of payment as you used for the initial transaction unless you expressly agree otherwise; you will not incur any fees from us as a result of the reimbursement.

5.5 Conformity of digital content and digital services

Independently of any right of withdrawal, and independently of Section 4, you have statutory rights where the Software, a Subscription or a digital service is not in conformity with the contract, under Directive (EU) 2019/770 and, in Romania, Government Emergency Ordinance no. 141/2021 (“GEO 141/2021”). In summary:

1. you may first require us to bring the digital content or digital service into conformity, free of charge, within a reasonable time and without significant inconvenience to you;
2. if we fail to do so, refuse to do so, or the non-conformity persists or is serious, you may be entitled to a proportionate price reduction or to terminate the contract;
3. where the contract provides for continuous supply over a period, our liability for non-conformity extends throughout that period;
4. on termination, we will reimburse you the price paid for the period during which the digital content or digital service was not in conformity, and any part of the price paid in advance for any period remaining had the contract not been terminated;
5. you may withhold payment of any outstanding part of the price until we have brought the digital content or digital service into conformity.

These remedies are not conditional on this Policy, are not subject to the 40% cap in Section 6, and are not affected by any “final sale” designation.

5.6 Unfair terms

Any term of this Policy which would, contrary to the requirement of good faith, cause a significant imbalance in the parties’ rights and obligations to your detriment as a Consumer, within the meaning of Council Directive 93/13/EEC and Romanian Law no. 193/2000, is not binding on you. The remainder of this Policy continues to apply.

6. Subscriptions and Technical Support — 40% goodwill refund

6.1 The entitlement

Outside any statutory entitlement, and as a voluntary commercial concession, we will refund up to 40% (forty per cent) of:

• the fee paid for the current billing term of a Subscription; and
• the fee attributable to the unconsumed balance of a Technical Support plan, pack or block of hours,

provided that a written refund request is submitted in accordance with Section 8 within 14 calendar days of the date of the relevant charge. This window is a strict deadline. It is not extended by non-use of the service, by absence, by holidays, or by any discussion, negotiation or support ticket that does not itself constitute a refund request.

6.2 Why 40% and not 100%

The 60% we retain is a genuine and reasonable pre-estimate of costs that we incur irrevocably on your order and cannot recover. These include, without limitation: payment processing and platform fees; value added tax, sales tax, withholding tax and other levies remitted to tax authorities and not recoverable by us; provisioning, activation and licence-infrastructure costs; third-party service fees committed on your behalf; and support and engineering capacity reserved for you and therefore unavailable to other customers. The 40% figure represents the residual amount we can return without loss.

6.3 What is excluded from the 40%

• Fees paid for billing terms that have already ended. Only the current billing term is eligible.
• Technical Support already delivered, including hours consumed, incidents opened, remote sessions performed and travel undertaken. Delivered support is 100% non-refundable.
• One-off charges: activation, onboarding, commissioning, migration, training, hardware-identifier re-issue and licence re-binding.
• Professional Services already performed.
• Any charge older than 14 calendar days at the time of the request.
• Amounts passed through to third parties (for example cloud, connectivity, mapping, forecasting, device-cloud or relay providers).

6.4 Interaction with statutory rights

If you are a Consumer and a statutory entitlement (Section 5) produces a higher refund than Section 6, you receive the higher amount. Section 6 never reduces a statutory entitlement; it only adds to what the law requires.

6.5 One request per term

The goodwill refund may be claimed once per Subscription per billing term. A refund under this Section terminates the corresponding Subscription or Support plan with immediate effect, and access, entitlements and licence renewals dependent on it will cease.

6.6 No refund after the 14-day window

By ticking the express acceptance box referred to in Section 18 before placing your order, you agree that after the expiry of the 14-day window in Section 6.1 no refund, credit, set-off, price reduction or other repayment of any kind will be available on a discretionary or commercial basis, and you irrevocably waive any such claim. The 14-day window is the entire extent of our voluntary refund commitment.

This waiver is subject to the following, which survive it in all cases and are not affected by the passage of the 14-day window:

• your statutory rights as a Consumer where the Software, a Subscription or a digital service is not in conformity with the contract (Section 5.5), including the right to have it brought into conformity and, failing that, to a proportionate price reduction or termination with reimbursement. Those rights run for the whole period of supply of a Subscription and for the statutory period in the case of a one-off supply, and cannot be waived or shortened by this Policy or by any acceptance given at checkout;
• refunds due under Section 7 for duplicate charges, charges taken in error, non-delivery, and unauthorised or fraudulent transactions;
• any repayment obligation imposed on us by mandatory law or by a competent authority or court.

For the avoidance of doubt, we do not shorten, and do not purport to shorten, any statutory limitation or prescription period. Any attempt to do so would in any event be void under Article 2515(5) and (6) of the Romanian Civil Code.

7. Full refunds, and non-refundable items

7.1 Situations in which we refund in full

Irrespective of Sections 4 and 6, and irrespective of the 14-day window, we refund the affected amount in full, without deduction, where:

• you were charged more than once for the same item;
• you were charged in error, or charged an amount other than the price displayed at checkout;
• we failed to deliver the Licence, activation token, entitlement or access you paid for, and we are unable to deliver it within a reasonable time after you notify us;
• the transaction was unauthorised or fraudulent and not attributable to you;
• a Subscription was renewed and charged after you had validly cancelled it;
• a material non-conformity exists which we do not remedy within a reasonable time after being notified, and the remedy owed to you under Section 5.5 or under an express written warranty is a full reimbursement.

7.2 Non-refundable items and situations

To the maximum extent permitted by applicable law, and without prejudice to Sections 5 and 7.1, the following are non-refundable:

• Licences of any kind, once delivered or activated (Section 4).
• Any amount where the request falls outside the applicable time window.
• Charges arising from your own configuration, integration, network, hardware, third-party equipment, energy tariffs, or use of the Software contrary to the documentation or the EULA.
• Fees for periods during which the Software was suspended, restricted or terminated because of your breach of the EULA or Terms of Service, non-payment, licence tampering, circumvention of licence enforcement, or unauthorised redistribution.
• Amounts corresponding to features, entitlements or services you chose not to use, where they were available to you.
• Loss of value caused by fluctuations in currency exchange rates, bank charges, intermediary bank fees or payment-provider fees.
• Taxes and duties, where they have already been remitted to the relevant authority and are not recoverable by us.
• Free trials, promotional credits, discount vouchers, bundled or zero-priced items, and beta or pre-release components.

8. How to request a refund

8.1 Procedure

Send a written request to [BILLING / SUPPORT EMAIL] with the subject line “Refund request – [order number]”, containing:

1. your full name and, for Business Customers, company name and VAT number;
2. the order number and the date of purchase;
3. the item(s) concerned and the amount claimed;
4. the ground relied on (statutory withdrawal, non-conformity, Section 6 goodwill refund, duplicate charge, other);
5. for non-conformity claims, a description of the defect, the installation identifier, and any logs, screenshots or diagnostic exports we reasonably request.

8.2 Our response

We acknowledge refund requests within 5 business days and issue a reasoned decision within 14 calendar days of receiving all information necessary to assess the request. Where a statutory reimbursement deadline applies (Section 5.4), that deadline prevails.

8.3 Payment of approved refunds

Approved refunds are paid to the original payment method and in the original currency of the transaction. Where the original method is unavailable, we will agree an alternative with you in writing. We are not responsible for the time your payment provider, card issuer or bank takes to post the funds, nor for exchange-rate differences between the date of charge and the date of refund.

8.4 Effect of a refund

Upon a refund being issued, the corresponding Licence, Subscription or Support entitlement is revoked with immediate effect. You must cease all use of the affected Software, delete or destroy all copies in your possession or control, and permit deactivation of the associated licence tokens and installation bindings.

9. Chargebacks and payment disputes

Please contact us before initiating a chargeback or payment dispute; nearly all issues are resolved faster directly. Initiating a chargeback in respect of an amount that is not refundable under this Policy is a breach of contract. Where a chargeback is initiated, we may suspend the affected Licences, Subscriptions and Support entitlements pending resolution, submit this Policy together with the checkout consent records and delivery logs as evidence to the payment provider, and, for Business Customers, recover the associated dispute fees and reasonable costs of collection. This Section does not apply to, and does not discourage, disputes concerning unauthorised or fraudulent transactions.

10. Cancellation, renewal and price changes

• Subscriptions renew automatically for successive terms of the same length unless cancelled.
• You may cancel at any time, with effect from the end of the then-current billing term. Cancellation stops future charges; it does not by itself trigger a refund of the current term, which is governed by Sections 5 and 6.
• We will notify you of any price change at least 30 days before it takes effect. If you do not accept the new price, you may cancel before the change takes effect.
• Prices are stated exclusive or inclusive of VAT as indicated at checkout. Where the reverse-charge mechanism applies to an intra-EU B2B supply, you are responsible for the correctness of the VAT identification number you supply.
• We may suspend or terminate a Subscription for non-payment after written notice. No refund is due in respect of a period during which access is suspended for non-payment.

11. No warranty beyond the mandatory minimum

Except for the statutory conformity guarantees described in Section 5.5 and any express written warranty we give you, and to the maximum extent permitted by applicable law, the Software, Subscriptions and Technical Support are supplied “as is” and “as available”, and we disclaim all other warranties, conditions and representations, whether express, implied or statutory, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted or error-free operation.

In particular, and without limiting the foregoing, we do not warrant that the Software will be free of interruption, that telemetry, forecasts, tariff data, optimisation schedules, alarms or automation outcomes will be complete, timely, accurate or continuously available, or that the Software will be compatible with any particular inverter, battery, meter, gateway, controller, protocol implementation, firmware version, network configuration or third-party cloud service.

12. Limitation of liability

12.1 Nature of the Software — your responsibility

The Software is a monitoring, visualisation, configuration and automation tool. It is not a safety device, not a protection system, not a certified control system, and not a substitute for the protection, isolation, earthing, interlock, alarm and shutdown systems required by the applicable electrical, grid-connection and safety standards.

You are solely responsible for: the design, installation, commissioning, certification, protection and safe operation of your electrical installation, photovoltaic arrays, inverters, battery energy storage systems, transformers, switchgear, breakers, contactors and disconnectors; compliance with all applicable grid codes, distribution network operator requirements, permits and standards; independent protective devices that operate irrespective of the Software; the accuracy of any register maps, addresses, scaling factors, setpoints, thresholds, automation rules and tariff data you configure or import; and appropriate testing before relying on any automation, dispatch or control feature in a production environment.

12.2 Exclusions

To the maximum extent permitted by applicable law, we shall have no liability whatsoever for:

• any indirect, incidental, special, punitive, exemplary or consequential loss or damage;
• loss of profit, revenue, anticipated savings, business, contracts, opportunity, goodwill or reputation;
• loss of, or damage to, energy production, feed-in revenue, capacity or ancillary-service payments, tariff arbitrage or trading positions;
• loss, corruption or unavailability of data, telemetry, configuration or historical records;
• damage to, degradation, over-charging, over-discharging, over-temperature, derating, malfunction or failure of any battery, inverter, PV module, transformer, meter, gateway, breaker, contactor or other equipment;
• grid disturbance, curtailment, penalty, disconnection, non-compliance finding or regulatory sanction;
• business interruption, downtime, plant standstill or loss of production;
• any act, omission, outage, change, deprecation, rate-limit, price change or discontinuation by a third party, including device-cloud providers, connectivity providers, forecasting or weather data providers, energy-price data providers, hosting and cloud providers, and equipment manufacturers;
• any use of the Software otherwise than in accordance with the documentation and the EULA, any unauthorised modification, any deployment on unsupported hardware or firmware, or any operation of the Software without the independent protective systems referred to in Section 12.1;
• any decision, action or omission taken by you or any third party in reliance on data, forecasts, recommendations, alerts or automated actions produced by the Software.

12.3 Aggregate cap

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with the Software, a Subscription, Technical Support, this Policy, the EULA or the Terms of Service, whether in contract, tort (including negligence), breach of statutory duty, restitution, unjust enrichment or otherwise, and whether arising from one event or a series of connected events, shall not exceed USD 100 (one hundred United States dollars), or the equivalent amount in the currency of the transaction at the exchange rate applicable on the date of the first event giving rise to the claim.

This is a single, cumulative cap for all claims of every kind. It is not a per-claim, per-event, per-order, per-installation or per-year cap, and it is not reset by the renewal of a Subscription, by the purchase of further Licences, or by the passage of time.

12.4 Fallback caps

The parties intend the cap in Section 12.3 to be enforced as written. If, however, a court or competent authority holds the cap in Section 12.3 to be unenforceable, excessive, disproportionate or otherwise ineffective in a given case, the parties agree that it shall be replaced, automatically and without any further act, by the first of the following that is enforceable:

1. an amount equal to the total amounts actually paid by you to us for the specific product or service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim; failing which
2. an amount equal to the total amounts actually paid by you to us under the contract concerned; failing which
3. the lowest amount of liability that the applicable law permits to be agreed between the parties.

The invalidity of any tier of this cascade does not affect the validity of the tiers below it. It is the express intention of the parties that our liability shall in no circumstances be uncapped.

12.5 Application to Consumers

If you are a Consumer, Sections 12.2, 12.3 and 12.4 apply only to the extent permitted by the mandatory consumer protection law applicable to you, and never so as to leave you without the minimum protection that law guarantees.

In particular, the remedies for lack of conformity described in Section 5.5 — bringing the digital content or digital service into conformity, proportionate price reduction, and termination with reimbursement — are not damages. They are therefore outside the cap in Sections 12.3 and 12.4 and are unaffected by it. The same applies to reimbursement due on valid withdrawal under Section 5.4.

12.6 Mandatory carve-outs

Nothing in this Policy, in the EULA or in the Terms of Service excludes or limits our liability for:

• death or personal injury, or harm to physical or mental integrity or health, caused by our act or omission, except within the limits permitted by law (Article 1355(3) of the Romanian Civil Code);
• material damage caused intentionally (cu intenție) or through gross negligence (culpă gravă), any exclusion or limitation of which is null under Article 1355(1) of the Romanian Civil Code;
• fraud or fraudulent misrepresentation;
• liability under product liability legislation;
• the mandatory statutory rights of Consumers described in Section 5; or
• any other liability which cannot lawfully be excluded or limited under the law applicable to you.

Clauses excluding liability for damage caused to property through simple negligence or imprudence are valid under Article 1355(2) of the Romanian Civil Code and are relied on here to the fullest extent permitted.

12.7 Sole and exclusive remedies

The remedies expressly set out in Sections 5, 6, 7 and 8 of this Policy are your sole and exclusive remedies in respect of the Software, Subscriptions, Technical Support and Professional Services, and are in place of, and to the exclusion of, all other remedies, claims, actions, rights and causes of action of any kind, whether contractual, delictual, statutory or otherwise, save only for those set out in Section 12.6 and for the mandatory rights of Consumers under Section 5.

By ticking the express acceptance box referred to in Section 18 before placing your order, you confirm that you have read, understood and expressly accepted this Section 12 in its entirety, including the monetary cap in Section 12.3, the cascade in Section 12.4 and the exclusivity of remedies in this Section 12.7, and that you have had a genuine opportunity to review them before contracting.

12.8 Allocation of risk

You acknowledge that the exclusions and limitations in this Section 12, and in particular the monetary cap in Section 12.3, are a fundamental element of the commercial bargain and of the price of the Software, Subscriptions and Technical Support; that the price is set on the express assumption that our exposure is capped as stated; that the price would be materially and substantially higher were it not so capped; that you are free to obtain insurance against the risks allocated to you; and that, having regard to the price paid and to the nature of the Software as described in Section 12.1, the allocation of risk in this Section 12 is fair and reasonable in the circumstances.

The exclusions and limitations in this Section 12 apply even if any limited remedy is found to have failed of its essential purpose, apply irrespective of the number of claims made, and survive termination, expiry, withdrawal, rescission or annulment of the contract for any reason.

13. Force majeure and third-party dependencies

We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including natural events, fire, flood, epidemic, war, civil unrest, terrorism, strike, act of a public authority, sanctions, cyber-attack, denial-of-service attack, defect in third-party software or hardware, failure of a telecommunications, internet, satellite, cellular or electricity network, or the suspension, modification or discontinuation of a third-party API or cloud service. No refund is due in respect of an interruption attributable to such an event.

14. Complaints and dispute resolution

14.1 Contact us first

Please raise any complaint with us at [BILLING / SUPPORT EMAIL]. We aim to resolve complaints within 30 calendar days.

14.2 Consumers — Romania

If you are a Consumer resident in Romania and you are not satisfied with our response, you may address the National Authority for Consumer Protection (Autoritatea Națională pentru Protecția Consumatorilor – ANPC), anpc.ro, or use alternative dispute resolution under Romanian Government Ordinance no. 38/2015 on alternative dispute resolution for consumer disputes, through the SAL/SOL structures within ANPC.

Please note that the European Commission’s Online Dispute Resolution (ODR) platform ceased operations on 20 July 2025 and Regulation (EU) No 524/2013 was repealed by Regulation (EU) 2024/3228. Accordingly, no link to that platform is provided.

14.3 Consumers — other EU/EEA Member States

You may contact the European Consumer Centre (ECC-Net) in your country of residence, or the competent alternative dispute resolution body listed by your national authority. Nothing in this Policy deprives you of the protection of the mandatory rules of the law of the country in which you have your habitual residence (Article 6 of Regulation (EC) No 593/2008, “Rome I”), nor of your right to bring proceedings in the courts of that country (Articles 17 to 19 of Regulation (EU) No 1215/2012, “Brussels I bis”).

14.4 Business Customers

Any dispute arising out of or in connection with this Policy shall be subject to the exclusive jurisdiction of the competent courts of Baia Mare, Maramureș County, Romania The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and of any conflict-of-laws rules that would lead to the application of another law.

15. Governing law

This Policy and any non-contractual obligations arising out of or in connection with it are governed by Romanian law. For Consumers, this choice of law does not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence.

16. Jurisdiction-specific rights

This Section supplements, and does not replace, the rest of this Policy.

16.1 United Kingdom

If you are a consumer in the United Kingdom, you have rights under the Consumer Rights Act 2015 in respect of digital content (which must be of satisfactory quality, fit for purpose and as described, with rights to repair or replacement, price reduction and, in some cases, refund), and under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, including a 14-day cancellation right subject to the same digital-content exception described in Section 4.3. Nothing in this Policy affects those rights.

16.2 Switzerland, Norway, Iceland and Liechtenstein

Where the law of your country of residence grants mandatory consumer protections that exceed those in this Policy, those protections apply.

16.3 Australia

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Where those guarantees apply, you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage, and to have the goods or services repaired or resupplied if the failure does not amount to a major failure. Sections 11 and 12 apply only to the extent permitted by the Australian Consumer Law.

16.4 United States and Canada

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. In those jurisdictions, Sections 11 and 12 apply to the maximum extent permitted, and our liability is limited to the minimum extent permitted by that law. You may have additional rights under the consumer protection statutes of your state or province.

17. General

• Order of precedence. In case of conflict, the following order applies: (1) mandatory applicable law; (2) any signed written agreement between us; (3) the EULA; (4) this Policy; (5) the Terms of Service; (6) any other material published on the Store.
• Severability. If any provision of this Policy is held invalid, unlawful or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or, if that is not possible, severed. The remaining provisions continue in full force.
• No waiver. Any refund, credit or concession granted by us in an individual case is made without admission of liability and does not create a precedent, a course of dealing, or an obligation to grant the same in any other case.
• Assignment. You may not assign or transfer any refund claim without our prior written consent.
• Changes to this Policy. We may amend this Policy at any time. The version in force at the time of your order governs that order. Amendments are effective for future orders upon publication on the Store.
• Language. The English version of this Policy is the authoritative version. Translations are provided for convenience only; in the event of a discrepancy, the English text prevails, except where mandatory law requires otherwise for Consumers.
• Records. We retain checkout consent records, delivery logs and activation records for the periods required by applicable accounting, tax and limitation legislation, and may rely on them as evidence in any refund, complaint or dispute proceeding.

18. Express acceptance of specific terms at checkout

18.1 The two consents

Before you are bound by the contract, and before payment is taken, you are required to give two separate, distinct and freely given consents by ticking two boxes which are not pre-ticked and each of which must be ticked before the order can be placed:

1. Consent A — immediate supply of digital content. Your express request that supply of the digital content and services begin immediately, before the end of the 14-day withdrawal period, together with your acknowledgement that you thereby lose your right of withdrawal once supply has begun. This is the consent required by Article 16(m) of Directive 2011/83/EU and of GEO 34/2014, and it is the consent referred to in Section 4.3.
2. Consent B — express acceptance of specific terms. Your express acceptance, in writing, of the following terms of this Policy, each of which is expressly identified and drawn to your attention: the limitation of liability and the monetary cap (Section 12, in particular Sections 12.2, 12.3 and 12.4); the fact that the stated remedies are your sole and exclusive remedies (Section 12.7); the 14-day refund request window and the waiver of any refund thereafter (Sections 6.1 and 6.6); the automatic renewal of Subscriptions (Section 10); the choice of Romanian law (Section 15); and the choice of jurisdiction (Section 14.4).

18.2 Why Consent B is required

Under Article 1203 of the Romanian Civil Code, standard terms which provide in favour of the party proposing them a limitation of liability, or which provide to the detriment of the other party the loss of rights, or which provide for tacit renewal of the contract, the applicable law, or a derogation from the ordinary rules on the jurisdiction of the courts, produce no effect unless they are expressly accepted, in writing, by the other party. Consent B is that express written acceptance. Ticking the box constitutes acceptance in writing for these purposes.

18.3 Record and confirmation

We record each consent together with the date and time in UTC, the version of this Policy in force at that moment, and the order to which it relates. We restate both consents in the order confirmation sent to you, which constitutes confirmation on a durable medium. We may produce those records as evidence in any refund request, complaint, chargeback or dispute.

18.4 Limits of the consents

Neither Consent A nor Consent B operates, or is intended to operate, as a waiver of any right which the law applicable to you does not permit to be waived. In particular, and without limitation, no consent given at checkout waives or restricts: the statutory conformity rights of a Consumer under Section 5.5; the mandatory carve-outs in Section 12.6; or any right protected by Article 25 of Directive 2011/83/EU, by Article 22 of Directive (EU) 2019/770, by Council Directive 93/13/EEC, or by Romanian Law no. 193/2000. To that extent the relevant consent is simply of no effect, and the remainder of this Policy continues to apply.

18.5 If a consent was not obtained

If, for any reason, a consent required by this Section was not validly obtained or recorded in respect of a given order, the corresponding terms do not apply to that order and the general law applies in their place. This does not affect the validity of the remainder of the contract, nor the application of those terms to any other order.

19. Contact

S.C. CODERSHYVE S.R.L.
Str. Motorului nr. 5A, ap. 30, Baia Mare, Maramureș 430013, Romania
Trade Register no. J2024001049242 · EUID ROONRC.J2024001049242
Sole registration code 50327689 · VAT RO50327689
E-mail: [BILLING / SUPPORT EMAIL] · Telephone: [PHONE]

This Policy is a contractual document and does not constitute legal advice to you. If you are unsure of your rights, seek independent legal advice.