Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website [https://tivaniaou.com/] operated by Tivania OU, a company duly incorporated under laws of Estonia with the registered address Pae tn 21-25, Harju maakond, Lasnamäe linnaosa, Tallinn, 11415, Estonia (“Tivania”). For the purposes of these Terms, references to “Client” and “you” mean any individual or legal entity accessing or using the website and/or ordering Tivania’s services.

By accessing or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of the website.
1. Use of the Website and Services
1.1. The Tivania`s website and services may be used solely for lawful purposes, in good faith, and in a manner consistent with these Terms, applicable law, and generally accepted standards of conduct in the digital marketing, advertising, content production, and online analytics sector.
1.2. The Client shall not, directly or indirectly:
a) interfere with, disrupt, or attempt to disrupt the operation, availability, performance, or security of the website, including by introducing malicious code, denial-of-service activities, or any form of system abuse;
b) attempt to gain unauthorized access to any part of the website, underlying infrastructure, servers, networks, databases, or systems connected to or used in connection with the website, whether through hacking, credential harvesting, vulnerability scanning, or other unauthorized means;
c) use any automated tools, scripts, bots, crawlers, scrapers, or similar technologies to access, monitor, copy, or extract data from the website without the Tivania’s prior written consent;
d) circumvent, disable, or otherwise interfere with security-related features, access controls, rate limits, authentication mechanisms, or usage restrictions implemented by the Tivania;
e) engage in any activity that may impair, degrade, or compromise the functionality, stability, integrity, or reliability of the website or the Tivania’s technical infrastructure;
f) use the website in a manner that infringes intellectual property rights, confidentiality obligations, or other proprietary rights of the Tivania or third parties;
g) use the website for the purpose of developing, testing, or operating competing services, or for reverse engineering, benchmarking, or security testing without explicit authorization;
h) upload, transmit, or otherwise make available any content that is unlawful, harmful, misleading, or intended to facilitate fraudulent, abusive, or malicious activity;
i) use the website to promote unlawful products or services, misleading advertising, deceptive practices, or prohibited content;
j) submit, upload, or distribute content, materials, or data that violate advertising regulations, consumer protection laws, platform policies, or third-party rights;
k) misuse analytical information, estimates, or reports obtained through the website as official, certified, or legally binding data.

1.3. The Tivania reserves the right to implement technical and organizational measures necessary to protect the website and its infrastructure, including monitoring, access controls, traffic management, and temporary restrictions.
1.4. Any violation of this Section may result in immediate suspension or termination of access to the website, without prejudice to the Tivania’s right to seek legal remedies or damages permitted by applicable law.
2. Information Provided on the Website
2.1. All information, materials, descriptions, technical references, and other content made available on the website are provided for general informational purposes only and are not intended to constitute professional, technical, legal, regulatory, or compliance advice.
2.2. The website is not intended to create, and shall not be deemed to create, any partnership, joint venture, agency, fiduciary, or other special relationship between the Tivania and the Client.
2.3. Nothing on the website shall be interpreted or relied upon as a binding offer, public offer, guarantee, warranty, or commitment to provide any services, infrastructure, hardware, or technical resources, or as a representation regarding availability, performance, capacity, or suitability.
2.4. Any engagement for services offered by the Tivania is subject to a separate written agreement, duly executed by the parties, which shall exclusively govern the scope of services, technical specifications, commercial terms, service levels, responsibilities, and liability. In the event of any inconsistency or conflict between such agreement and these Terms, the provisions of the separate written agreement shall prevail.
2.5. The Tivania may modify, update, suspend, or remove any information on the website at its discretion and without prior notice and does not undertake any obligation to ensure that website content remains current, complete, or applicable to any specific use case.
2.6. While reasonable efforts may be made to present accurate and reliable information, the Tivania makes no representations or warranties, express or implied, as to the accuracy, completeness, or continued validity of the content published on the website.
2.7. Decisions made by the Client based on information obtained from the website, including analytics, estimates, or comparative data, are made at the Client’s own discretion and risk. The Tivania shall not be responsible for any decisions, actions, or omissions taken based on such information.
2.8. For any legally binding information, technical confirmations, or service-related inquiries, the Client is encouraged to contact the Tivania directly through the contact details provided on the website.
2.9. The Tivania does not guarantee any specific marketing, advertising, SEO, visibility, traffic, ranking, conversion, engagement, or commercial results.
2.10. Any examples, references, metrics, case descriptions, or performance indicators presented on the website are illustrative only and do not constitute a promise or assurance of similar outcomes.
2.11. The website and the services described therein are intended solely for use by individuals and legal entities acting in a professional or business capacity. The website is not directed to, and is not intended for use by, minors. Individuals under the age of eighteen (18) are not permitted to access or use the website. The Tivania does not knowingly collect or solicit information from minors. If the Tivania becomes aware that information has been provided by a minor, such information may be removed without notice.
3. Intellectual Property Rights
3.1. All materials made available on the website, including but not limited to text, graphics, images, logos, trademarks, software elements, technical layouts, design elements, and other content (collectively, the “Content”), are the exclusive property of the Tivania or its licensors and are protected by applicable intellectual property laws and international treaties.
3.2. Nothing in these Terms or on the website shall be construed as granting the Client any license, right, or interest in the Content, except for a limited, non-exclusive, non-transferable right to access and view the website for lawful purposes.
3.3. The Client shall not, without the Tivania’s prior written consent, copy, reproduce, modify, distribute, transmit, publicly display, commercially exploit, or otherwise use any Content, in whole or in part, for any commercial or competitive purpose.
3.4. Any unauthorized use of the Content may result in civil or criminal liability under applicable law and entitle the Tivania to seek injunctive relief, damages, and any other remedies available.
3.5. All intellectual property rights not expressly granted under these Terms are expressly reserved by the Tivania.
3.6. The Client acknowledges that any content, materials, data, branding elements, or instructions provided to the Tivania by the Client remain the Client’s responsibility.
3.7. By providing such materials, the Client represents and warrants that it holds all necessary rights, licenses, and permissions for their use in marketing, advertising, content creation, and promotional activities.
3.8. The Tivania shall not be responsible for any claims arising from the Client’s materials, including claims related to intellectual property infringement, misleading advertising, or unlawful content.
3.9. The Client hereby grants to the Tivania a limited, non-exclusive, non-transferable, non-assignable, royalty-free license to use, reproduce, adapt, modify, and display any content and materials provided by the Client solely for the purposes of performing the services and conducting advertising, promotional, and marketing activities under these Terms and applicable agreement.
4. Submission of Information
4.1. By submitting any information to the Tivania through the website, including via contact forms, by email, or by postal correspondence using the contact details published on the website, the Client represents and warrants that such information is accurate, complete, and provided voluntarily. This includes representations that any submitted content, materials, data, or instructions comply with applicable advertising, consumer protection, and competition laws.
4.2. The submission of information constitutes the Client’s acknowledgement that the Tivania may collect, store, and process such information solely for the purposes of responding to inquiries, communicating with the Client, evaluating potential cooperation, and, where applicable, performing compliance, legal, or contractual assessments.
4.3. The Tivania processes information provided by the Client in a manner consistent with generally accepted data protection principles, including limitation of purpose, data minimization, and reasonable security measures, and does not use such information for unrelated purposes.
4.4. The Client acknowledges that the transmission of information via the website, email, or postal services may not be fully secure and submits such information at its own risk.
4.5. The Client shall not submit confidential, sensitive, or proprietary information unless expressly requested or agreed by the Tivania in writing.
4.6. Where required by applicable law, the Tivania may retain submitted information for compliance, record-keeping, or legal purposes.
4.7. The Tivania does not knowingly collect information from minors. Any information submitted in violation of this provision may be removed without notice.
4.8. The Client acknowledges that any materials, content, data, or instructions provided to the Tivania by the Client do not infringe intellectual property rights, data protection laws, advertising regulations, or third-party rights and may be lawfully used by the Tivania for the purposes of evaluating or performing services.
4.8. The Tivania relies on the information and materials provided by you and shall not be responsible for any consequences arising from inaccurate, misleading, or unlawful content provided to the Tivania by the Client.
4.9. The Tivania reserves the right, but not the obligation, to review, assess, refuse, suspend, or remove any content or materials provided to the Tivania by the Client that, in its reasonable opinion, violate applicable law, platform policies, or generally accepted industry standards. The Client acknowledges and agrees that the Tivania primarily relies on the information and materials provided by the Client and does not undertake an independent obligation to verify the accuracy, legality, or compliance of such content or materials. Any review or assessment performed by the Tivania shall not be construed as an approval, endorsement, or assumption of responsibility for such content or materials.
5. Client Interaction, Compliance, and Onboarding
5.1. Access to the website and any subsequent engagement with the Tivania in relation to the provision of services is subject to compliance with these Terms, applicable law, and the Tivania’s internal compliance policies. Any interaction regarding potential or actual services may include preliminary communications, onboarding procedures, compliance checks, and ongoing monitoring.
5.2. Prior to commencing any services, and at any time during the course of the relationship, the Tivania may conduct compliance, onboarding, and due diligence procedures, including anti-money laundering (AML), know-your-customer (KYC), sanctions, and export control checks, to the extent required by applicable law or internal policies.
5.3. The Tivania conducts its activities in compliance with applicable international sanctions, export control, and restrictive measures and does not provide services, directly or indirectly, to individuals, legal entities, or jurisdictions subject to sanctions or restrictions imposed by, including but not limited to:
·      the European Union;
·      the United States, including sanctions administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury;
·      the United Kingdom, including sanctions administered by HM Treasury / Office of Financial Sanctions Implementation (OFSI);
·      the United Nations Security Council.
5.4. In addition, the Tivania does not engage with individuals, entities, or jurisdictions designated as high-risk or non-cooperative by the Financial Action Task Force (FATF), including jurisdictions listed on the FATF black list or grey list, or subject to equivalent restrictive, high-risk or subject to increased monitoring designations issued by competent authorities.
5.5. The Client represents and warrants on a continuous basis that:
a) it is not subject to sanctions, restrictive measures, or asset-freeze regimes under any of the authorities or lists referenced above;
b) it is not owned or controlled by, nor acting on behalf of, any sanctioned or restricted person or entity;
c) it does not operate in, from, or for the benefit of any sanctioned or high-risk jurisdiction.
5.6. The Client agrees not to use the website, services or Content of the Tivania to promote, advertise, or target products, services, or content in violation of applicable law and regulation, sanctions, advertising restrictions, or platform rules, whether directly or indirectly.
5.7. The Client acknowledges that the Tivania does not control and shall not be responsible for the final placement, targeting, approval, distribution, modification, or performance of any advertising or promotional materials by the Client and/or third-party platforms, including where such placement, targeting, approval, distribution, or performance occurs based on the services provided by the Tivania or as a result of the Client’s use of the website.
5.8. For AML/KYC and related compliance purposes, the Tivania may request identification documents, corporate records, ownership and control information, beneficial ownership disclosures, or any other information reasonably necessary to verify the Client’s identity, legal status, financial standing, and compliance profile. The Client shall promptly provide all requested information and documentation and shall ensure that such information remains accurate, complete, and up to date throughout the course of the relationship.
5.9. All information and documents provided by the Client, whether during onboarding or at any later stage, are and shall remain true, accurate, complete, up to date, and free from the omission of any material information. The Client agrees to promptly notify the Tivania of, and correct, any information that becomes inaccurate, incomplete, or outdated. The Tivania relies on the accuracy and completeness of the information provided and shall not be responsible for any consequences arising from the submission of false, misleading, outdated, or incomplete information.
5.10. The Client represents and warrants that it is solvent on a statutory basis in all jurisdictions in which it conducts business or is licensed and undertakes to promptly notify the Tivania of any material adverse change in its financial condition. The Client further represents that all fees paid or payable under these Terms and any separate agreement with the Tivania are derived exclusively from lawful sources and do not originate from illegal, fraudulent, or prohibited activities.
5.11. The Tivania may, at its sole discretion, refuse to commence services, suspend ongoing services, or terminate an existing relationship if:
a) the Client fails or refuses to satisfy AML/KYC or sanctions-related requirements;
b) inaccurate, misleading, or incomplete information is provided; or
c) elevated risk indicators or compliance concerns arise during due diligence or ongoing monitoring.
5.12. The Tivania shall not be obliged to disclose the reasons for any decision taken under this Section, to the extent permitted by applicable law.
5.13. The Client acknowledges that compliance-related measures taken by the Tivania under this Section do not constitute a breach of these Terms and shall not give rise to any liability on the part of the Tivania.
5.14. Any breach of this Section, including misrepresentation regarding sanctions status, compliance, solvency, or source of funds, shall constitute a material breach of these Terms and may result in immediate suspension or termination of services without prior notice and without liability on the part of the Tivania. The Client shall indemnify and hold harmless the Tivania from any losses, penalties, claims, damages, or liabilities arising out of or related to violations attributable to the Client.
 
6. Termination
6.1.The Tivania may, at its sole discretion, suspend access to the website or terminate the Client’s use of the website, and/or refuse, suspend, or terminate the provision of any services, with immediate effect, without prior notice and without liability on the part of the Tivania, if:
a) the Client breaches these Terms or any separate agreement with the Tivania;
b) the Client fails to comply with AML, KYC, sanctions, export control, or other compliance requirements;
c) inaccurate, misleading, or incomplete information has been provided;
d) the Tivania determines that continued cooperation may expose it to legal, regulatory, compliance, or reputational risk;
e) required by applicable law or competent authorities;
f) the Client is, or becomes, involved in unlawful activities, including suspected violations of applicable law, criminal investigations, enforcement actions, or judicial proceedings, which, in the Tivania’s reasonable opinion, may adversely affect the Tivania;
g) the Client fails to pay any fees or charges when due, or otherwise breaches its payment obligations.
6.2. The Client may discontinue use of the website at any time. Termination or discontinuation of services shall be governed by the terms of the applicable separate agreement, if any.
6.3. Upon termination or suspension of the Client’s access to the website and/or termination or suspension of the provision of any services (as applicable):
a) the Client’s right to access or use the website shall immediately cease;
b) any licenses or permissions granted under these Terms shall automatically terminate;
c) the Tivania may block access, deactivate credentials, or take other reasonable technical measures;
d) termination shall not affect any accrued rights or obligations of either party.
6.4. Sections relating to intellectual property rights, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and any other provisions which by their nature are intended to survive termination shall remain in full force and effect.
6.5. Termination or suspension in accordance with these Terms shall not give rise to any liability on the part of the Tivania, except to the extent such liability shall be imposed under applicable law.
7. Third-Party Websites
7.1. The website may contain links to third-party websites, platforms, or services provided for convenience or informational purposes only.
7.2. A lot of marketing, advertising, analytics, and distribution activities depend on third-party platforms and tools. The Tivania does not control, operate, endorse, or assume any responsibility for the content, availability, security, accuracy, or practices of any third-party websites or services.
7.3. Access to and use of any third-party websites or services is undertaken entirely at the Client’s own risk. The Client is solely responsible for reviewing and complying with the applicable terms, policies, and practices of such third parties.
7.4. The Tivania shall not be liable for any loss, damage, or harm arising from or related to the Client’s access to or use of third-party websites or services, including any transactions conducted therewith.
8. Disclaimer of Warranties
8.1. The website and all Content made available thereon are provided on an “as is” and “as available” basis, without any representations or warranties of any kind, whether express, implied, statutory, or otherwise.
8.2. To the fullest extent permitted by applicable law, the Tivania expressly disclaims all warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and availability.
8.3. The Tivania does not warrant that:
a) the website will operate uninterrupted, timely, secure, or error-free;
b) the information provided on the website is accurate, complete, reliable, or current;
c) the website or its servers are free from viruses, malware, or other harmful components.
8.4. Any use of the website and reliance on its Content is undertaken at the Client’s own discretion and risk.
8.5. The Tivania does not warrant or guarantee approval, acceptance, visibility, ranking, reach, or performance of any advertising, content, SEO, or promotional activities.
8.6. The Tivania is not responsible for changes in algorithms, moderation policies, platform rules, or third-party decisions affecting marketing or advertising outcomes.
8.7. The Client represents and warrants that:
(i) all fees payable under these Terms are derived exclusively from lawful sources and do not originate from illegal, fraudulent, or prohibited activities;
(ii) all content, information, materials, trademarks, and other assets provided by the Client for the purposes of advertising or promotion are either lawfully owned by the Client or used by the Client with all necessary rights, licenses, consents, and permissions, and do not infringe any third party’s intellectual property or other rights;
(iii) all content, information, materials, trademarks, and other assets delivered for advertising or promotional purposes complies with applicable law, advertising regulations, consumer protection rules, and platform policies, and does not contain harmful, aggressive, violent, abusive, discriminatory, hateful, or misleading content, nor constitute false or deceptive advertising.
9. Limitation of Liability
9.1. To the fullest extent permitted by applicable law, the Tivania shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of data, business interruption, or reputational damage, arising out of or relating to:
a) access to or use of, or inability to access or use, the website;
b) reliance on any information or materials made available on the website;
c) errors, omissions, interruptions, delays, or technical failures affecting the website;
d) access to or use of any third-party websites or services;
e) reliance on analytics, estimates, comparative data, forecasts, or reports provided or referenced through the website;
f) rejection, suspension, limitation, or modification of advertising or content by third-party platforms.
9.2. This limitation of liability applies regardless of the legal theory under which such damages are claimed, whether in contract, tort, negligence, strict liability, or otherwise.
9.3. Nothing in these Terms shall exclude or limit liability to the extent such exclusion or limitation is not permitted under applicable law.
10. Amendments
10.1. The Tivania reserves the right to update, amend, or modify these Terms at its discretion.
10.2. Any changes to the Terms shall become effective upon publication on the website, unless otherwise stated. The Tivania shall have no obligation to provide prior notice of any amendments or modifications to the Terms.
10.3. Continued access to or use of the website following the publication of amended Terms constitutes acceptance of such amended Terms.
11. Governing Law and Jurisdiction
1.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia.
11.2. The Tivania and the Client shall use reasonable efforts to resolve any dispute, controversy, or claim arising out of or relating to these Terms, including their validity, interpretation, or performance, through good-faith negotiations.
11.3. If the dispute is not resolved through negotiations within a reasonable period of time, either party may submit the dispute to the exclusive jurisdiction of the competent courts of the Republic of Estonia.
12. Force Majeure
12.1. The Tivania shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay results from events beyond the Tivania’s reasonable control, including but not limited to acts of God, natural disasters, war, armed conflict, terrorism, civil unrest, governmental actions, sanctions, labor disputes, failures of utilities or telecommunications, cyber incidents, or interruptions of third-party infrastructure (“force majeure event”). The affected obligations shall be suspended for the duration of the force majeure event, provided that the Tivania uses reasonable efforts to mitigate its effects.
13. Contact Information
In case of inquires or complains please contact us using the details:
Tivania OÜ
Address: Pae tn 21-25, Harju maakond, Lasnamäe linnaosa, Tallinn, 11415, Estonia
tivania01@gmail.com