FREEBERRY TERMS OF USE
These General Terms and Conditions (hereinafter referred to as the “Terms”) define the general rules for using the services provided by Freeberry OÜ, a company registered under registration number 16786623, located at Pärnu mnt 105, Tallinn, Estonia (hereinafter referred to as “Freeberry”). The following terms and definitions shall apply to these Terms:
- “User” or “Users” refers to a person or legal entity using Freeberry’s Services in accordance with these Terms, including Freelancers and Business Users. The term ‘User’ also includes representatives of Users who are natural persons in case the User is a legal entity.
- “Service” or “Services” means the services provided by Freeberry in accordance with these Terms to the Users.
- “Service Provider” refers to a person or legal entity engaged by Freeberry to provide Services under a contract between Freeberry and the Service Provider.
- “Service Provider’s Rules” means the terms and privacy policy of the Service Provider that apply to the provision of Services under the contract concluded between Freeberry and the Service Provider.
- “Freelance” means the Service provided to Freelancers.
- “Freelancer” refers to a person using Freelance and acting as the contractor under a contract concluded between the Client and Freelancer.
- “Client” refers to a person or legal entity with whom a User has concluded a contract for the provision of services or performance of works.
- “Business” means the Service provided to Business Users.
- “Business User” refers to a sole practitioner, a self-employed individual, or a legal entity that uses Business Services and acts as the general contractor, distributing assignments between Freelancers.
- “Website” means the official website of Freeberry, available at https://freeberry.eu/.
By continuing to browse or otherwise use the Website, the Application, or by starting to use Freeberry’s Services, the User agrees to these Terms.
TERMS OF USE
- GENERAL TERMS FOR THE PROVISION OF THE SERVICES
1.1. These Terms constitute an agreement for the use of Services between Freeberry and the User. The Client is not considered a party to these Terms. These Terms include a license agreement for using the Website.
1.2. Services are provided to Users “in its current form through the Website. Freeberry is not responsible for any missing functions on the Website that may be necessary for the conclusion or performance of contracts between Users and Clients.
1.3. Freeberry bears no responsibility for breaches of contracts between a User and a Client caused by Website irregularities.
1.4. If the Website lacks functions necessary for the conclusion or performance of a contract between the User and the Client, the User may request Freeberry to add the necessary functions by using the contact forms available on the Website. However, Freeberry reserves the right to add or remove any Website functions at its sole discretion.
1.5. Services are only provided to Users who are at least 16 (sixteen) years of age. If Freeberry determines that a User is younger than 16 years of age, Freeberry will immediately terminate the Terms with that User and delete the User’s account (see Section 3 of these Terms) along with all personal information collected at the time Freeberry discovered the User’s age.
1.6. Freeberry provides its Services exclusively to Clients who are individuals or legal entities located in the European Union (EU), European Economic Area (EEA), United Kingdom, Switzerland, Monaco, San Marino, Andorra.
1.7. To use Freeberry’s Services, the Client’s bank must be located within the Single Euro Payments Area (SEPA). Freeberry does not process payments to or from banks outside the SEPA zone.
1.8. Freeberry’s Services may not be used for the provision of services that require a special license, permit, or other regulatory authorization under applicable laws. Users are responsible for ensuring that their activities comply with all relevant legal requirements. Freeberry reserves the right to terminate the provision of Services to any User found to be engaging in such activities.
1.9. Freeberry does not provide Services to individuals, entities, or countries subject to international sanctions, including but not limited to those imposed by the European Union, United Nations, or the United States. Users are responsible for ensuring that they are not subject to such restrictions. If Freeberry discovers that a User is listed on a sanctions database, the User’s account will be terminated immediately.
- The Services Provided to Users
2.1. Under these Terms, Freeberry provides the following Services to Users:
2.1.1. Invoicing
2.1.2. Payment processing
2.1.3. Funds storage
2.1.4. Transferring funds from a personal account to the client’s bank account
2.1.5. Accounting services
2.1.6. Company incorporation
2.2. Freeberry reserves full discretion to amend the list of Services provided to Users. If Freeberry removes or adds new Services, the necessary changes will be reflected in the Terms, and an updated version will be posted on the Website.
2.3. The use of each Service listed in Section 2.1 is regulated by specific User Agreements designed for each Service. When using any of the Services mentioned in Section 2.1, Users must adhere to the respective User Agreement. These User Agreements are integral parts of the Terms. Any terms and definitions used in the User Agreement must be interpreted in accordance with the Terms.
2.4. While using the Services, Users should note that some Services may be available only to specific categories of Users. For instance, Freelance is available only to Freelancers, while Business is available only to Business Users. The User Agreements outline the eligibility criteria for each specific Service. If a User does not meet the required criteria, Freeberry reserves the right to deny access to the Service. Additionally, Freeberry may review the User’s eligibility as per applicable criteria.
2.5. If any provision of a User Agreement contradicts a provision of these Terms, the provision of the User Agreement shall prevail.
- Creation of the Account and Verification Process
3.1. To use Freeberry’s Services, the User must create an account on the Website and complete the verification process in accordance with the requirements set forth in the relevant User Agreement. Services cannot be provided to Users without a verified account.
3.2. To create an account, the User or the User’s representative (if the User is a legal entity) must provide Freeberry with personal information in accordance with the User Agreement and Freeberry’s Privacy Policy.
3.3. The User has limited access to the account prior to completing the verification process as outlined in the User Agreement. However, the User will not have full access to all Services and Website functionality until the verification process is successfully completed.
3.4. To complete the verification process, the User must provide Freeberry with a photo of their ID and other personal information to verify the identity of the User or the User’s representative. The User’s personal information is processed by Veriff, acting as the processor of the User’s personal data in accordance with Freeberry’s Privacy Policy. The specific requirements for the verification process, as well as the list of required personal information, are outlined in the User Agreements and Privacy Policy.
3.5. The User is fully responsible for maintaining the confidentiality of their account credentials (including passwords).
3.6. Freeberry implements all appropriate security measures to protect User accounts and personal information from unauthorized access. However, it is the User’s responsibility to use a strong, non-standard password containing a variety of symbols to minimize the risk of hacking.
3.7. The User must not share access to their account with any third party without the prior written consent from Freeberry. Violation of this rule will result in the immediate termination of the Terms and the blocking of the User’s account.
3.8. Freeberry reserves the right to conduct additional Anti-Money Laundering (AML) and Know Your Customer (KYC) verification checks at its sole discretion. As part of this process, Freeberry may request additional documents from the User, including but not limited to: proof of address, a completed questionnaire, a bank statement (for address verification), or any other documents necessary to verify the User’s identity. These measures are implemented in accordance with applicable Anti-Money Laundering and Counter-Terrorism Financing regulations. If a User fails or refuses to provide the requested documents, Freeberry reserves the right to restrict their access to the Services or terminate their account.
3.9. Users are prohibited from bypassing the geographical, banking, or regulatory restrictions imposed by these Terms by providing false or misleading information, using third-party accounts, or registering through intermediaries. If such actions are detected, Freeberry reserves the right to terminate the User’s account and report the violation to relevant authorities.
- Service Providers and the Services
4.1. To use certain Services, the User must agree to the Rules of the Service Providers. The obligation for the User to agree to the Rules of specific Service Providers is detailed in the User Agreements.
4.2. If the User does not agree to the Rules of a Service Provider, Freeberry reserves the right to refuse the provision of the Service.
4.3. Freeberry neither drafts nor controls the content of the Service Providers’ Rules and assumes no liability for their compliance with applicable laws and regulations. It is the sole responsibility of the User to review the Service Provider’s Rules before agreeing to them and using the Service under the User Agreement.
4.4. Freeberry is not liable for any actions taken by a Service Provider in accordance with the Service Provider’s Rules. If the User is unable to use the Service due to the actions of the Service Provider or technical issues with the Service Provider’s website or applications, the User must address all claims directly to the Service Provider.
- Processing of Personal Data
5.1. As Freeberry is a legal entity incorporated within the European Union, it is subject to the General Data Protection Regulation (GDPR) No. 2016/679, adopted by the European Parliament and the Council on 27 April 2016.
5.2. To provide Services to Users, either directly or through Service Providers, Freeberry processes the personal data of Users (or the User’s representative, in the case of legal entities). In this role, Freeberry acts as a data controller (Art. 4, para. 7 of the GDPR).
5.3. The processing of Users’ personal data is conducted in accordance with Freeberry’s Privacy Policy and Anti-Money Laundering (AML) and Know Your Customer (KYC) Policy. Users must carefully review and agree to the provisions of both the Privacy Policy and the AML/KYC Policy before utilizing Freeberry’s Services. If a User does not agree to these policies, Freeberry may refuse to provide certain Services if they cannot be offered without processing the User’s personal data.
5.4. Under the GDPR, Service Providers act as data processors with respect to the processing of Users’ personal data. Freeberry carefully selects Service Providers that comply with GDPR requirements to ensure that Freeberry meets its obligations as a data controller under Art. 24, para. 1 of the GDPR. However, Freeberry shall not be held liable, for actions taken by a Service Provider under the Service Provider’s Rules that do not breach the contract between Freeberry and the Service Provider. Users are responsible for reviewing the Service Provider’s Rules regarding the processing of personal data before utilizing any Service involving the Service Provider.
5.5. Freeberry is entitled to engage third parties or legal entities as processors for the processing of Users’ personal data. A complete list of categories of processors used by Freeberry is available in Freeberry’s Privacy Policy.
- User’s Liability to the Client
6.1. The Services provided by Freeberry, either directly or through Service Providers, facilitate the conclusion and performance of contracts between the User and the Client.
6.2. The User must notify the Client in advance that the User is using Freeberry’s Services to conclude and perform the contract between the User and the Client.
6.3. Freeberry is not a party to any contract concluded between the User and the Client. While Freeberry may act as the User’s agent in performing certain actions related to the conclusion of the contract on behalf of the User, Freeberry explicitly warrants to the Client in advance that it is not a party to the contract. Any issues related to the performance of the contract must be addressed directly between the User and the Client.
6.4. The User assumes full liability for any non-performance or breach of the contract concluded with the Client. The User must provide the Client with their contact details to facilitate dispute resolution. Freeberry shall not be considered a party to any dispute resolution process between the User and the Client between the User and the Client.
6.5. The provision of Services to the User shall in no way be construed as an employment relationship between Freeberry and the User. The User must not inform Clients or third parties that they are an employee of Freeberry, nor create any confusion that may imply such a relationship exists.
6.6. The User is fully responsible for paying all applicable taxes arising from the conclusion and performance of contracts with the Client, as well as for compliance with relevant tax laws, banking laws, and currency regulations. It is presumed that the sum paid by the Client to the User under the contract includes the full amount of taxes the User is required to pay. During tax, currency, or banking audits, the User must provide the relevant documentation.
6.7. For the purpose of providing the Services, Freeberry may implement mechanisms to verify the validity of the contract concluded between the User and the Client, as well as compliance with applicable laws and regulations, including tax, currency, banking, administrative, and criminal laws. If Freeberry determines that the contract violates any applicable laws, Freeberry may refuse to provide Services and terminate the Terms with the User, notifying the User of the termination.
6.8. If the User’s actions cause financial or reputational damage to Freeberry, the User is obligated to fully compensate for the damage within 30 days of notification.
6.9. Users acknowledge that financial transactions processed through Freeberry’s Services may be subject to compliance checks under applicable AML regulations. In certain cases, transactions may be temporarily held, reviewed, or declined due to regulatory requirements. Freeberry shall not be liable for any delays or losses resulting from such compliance procedures.
- Intellectual Property
7.1. By providing the Services, Freeberry grants the User a non-exclusive, gratuitous, non-transferable, worldwide license to use the Website and the Applications.
7.2. Under the license agreement concluded between Freeberry and the User (Section 7.1 of these Terms), the User may use the Website and the Applications only in the following ways:
7.2.1. Utilize the functionality of the Website and the Applications for the purpose of receiving the Services.
7.2.2. Inform Clients about the use of the Services by providing the URL of the Website, links to the Applications, and extracts of information regarding the Services.
7.2.3. Display Freeberry logos, the Website URL, links to the Applications, and extracts of information regarding the Services on the User’s personal social media pages to notify Clients that the User utilizes Freeberry’s Services.
7.2.4. Promote Freeberry among the User’s friends, family members, and colleagues.
7.3. The User is prohibited from using the programming code of the Website or the Applications in any way or for any purpose.
7.4. The User is prohibited from using any viruses or malware that may harm the Website or the Applications.
7.5. The User may not use trademarks, trade names, logos, or copyright-protected content published on the Website or the Applications, except as outlined in Sections 7.2.1-7.2.4 of these Terms.
7.6. The term of the license agreement (Section 7.1 of these Terms) corresponds to the duration of the User’s access to the Services. If the Terms between Freeberry and the User are terminated, the license agreement also terminates.
- Fees for the Services
8.1. User Agreements or Service Providers’ Rules may stipulate that certain Services require the payment of fees. The types and amounts of fees are determined in the User Agreements and Service Providers’ Rules.
8.2. If the User fails to pay the fee for a Service as outlined in the User Agreement or the Service Providers’ Rules, Freeberry reserves the right to refuse the provision of that Service until payment is made.
8.3. The fee does not include any royalties for the use of the Website or Applications, as the license granted to the User under Section 7.1 of these Terms is provided free of charge.
- Liability of the User to Freeberry
9.1. If the User breaches these Terms in any way, Freeberry reserves the right to terminate the Terms by sending written notice to the User at least 10 (ten) days prior to termination. Freeberry also reserves the right to delete the User’s account.
9.2. User Agreements may provide additional measures of liability for the User in the event of a breach of the Terms or User Agreement.
9.3. Termination of the Terms between Freeberry and the User, as well as liability measures outlined in the User Agreements, do not preclude Freeberry from seeking compensation from the User for breach of the Terms, including recovery of attorney fees and other procedural costs. In no case shall the damages collected from the User be less than 1,000 (one thousand) EUR.
9.4. If the User’s actions violate applicable administrative or criminal law, Freeberry reserves the right to report the User’s illegal activities to the governmental authorities of the User’s country of residence. Freeberry may also report such activities to the authorities of its own country of residence if the User’s actions result in coercive or liability measures against Freeberry.
9.5. Freeberry reserves the right to refuse to provide Services to any User without obligation to disclose the reasons for such refusal. This includes, but is not limited to, cases where the User’s activities or transactions may pose legal, financial, or reputational risks to Freeberry.
- Warranties and Limitation of Freeberry’s Liability
10.1. Freeberry expressly disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising from course of dealing or usage of trade.
10.2. Freeberry makes no warranty that the Services will meet the specific requirements of the User or that they will be available on an uninterrupted, secure, or error-free basis.
10.3. Freeberry makes no warranty regarding the quality of the Services, including the quality of the Website or Applications.
10.4. No advice or information, whether oral or written, obtained by the User from Freeberry, creates any warranty.
10.5. Freeberry is not liable to the User or any third party for any loss of use, data, goodwill, or profits, and for any special, incidental, indirect, consequential, or punitive damages, regardless of the cause (even if Freeberry has been advised of the possibility of such loss or damages), including damages:
10.5.1. arising from loss of use, data, or profits, whether or not foreseeable;
10.5.2. based on any theory of liability, including breach of contract, warranty, negligence, or other tortious conduct; or
10.5.3. resulting from any other claim related to the User’s use of, or access to, the Services.
10.6. The provisions in Section 10.5 do not apply if they conflict with mandatory provisions of applicable law.
10.7. Freeberry is not liable for any defamatory, offensive, or illegal conduct by other Users or third parties, if such third parties are not Service Providers or processors of the User’s personal data and do not act under the instructions of Freeberry or a contract with Freeberry.
10.8. The User provides no warranties or guarantees to Freeberry.
- Indemnities
11.1. By agreeing to these Terms, the User agrees to indemnify and hold Freeberry harmless from any claims, lawsuits, litigation, arbitration, or other proceedings initiated by a third party against Freeberry due to the defamatory, offensive, or illegal conduct of the User.
11.2. If a third party initiates dispute resolution proceedings against Freeberry due to the defamatory, offensive, or illegal conduct of the User, Freeberry will notify the User of such proceedings. The User is required to participate in the proceedings on Freeberry’s behalf within 10 (ten) days.
11.3. If the proceedings initiated by a third party against Freeberry involve a breach or invalidity of a contract between the User and the Client, the User must enter the proceedings as the defendant and request that the competent court, arbitral tribunal, or governmental body dismiss the proceedings against Freeberry, unless otherwise specified by applicable procedural law.
11.4. If a governmental body initiates proceedings against Freeberry due to the defamatory, offensive, or illegal conduct of the User and seeks to impose administrative or criminal liability on Freeberry, Freeberry has the right to provide such authorities with information about the User’s illegal conduct in accordance with Section 9.4 of these Terms. If the governmental body holds Freeberry liable despite this information, Freeberry reserves the right to seek full compensation from the User, including loss of profits and fines, up to an amount of 1,000,000 (one million) EUR.
11.5. Freeberry provides no indemnities to the User.
- Applicable Law and Dispute Resolution
12.1. These Terms and the User Agreements, including their validity, interpretation, modification, and performance, are governed by the laws of the Republic of Estonia.
12.2. If the laws or legal acts of other countries or supranational and international organizations, including but not limited to the Digital Millennium Copyright Act (DMCA), California Consumer Privacy Act (CCPA), and GDPR, mandate that Freeberry’s business activities related to the provision of Services must comply with such laws, and if Freeberry cannot avoid their application, such laws and legal acts shall apply.
12.3. If a User has any claim or complaint regarding the application of these Terms or the User Agreement, or concerning the validity, interpretation, or modification of the Terms or User Agreement, the User is entitled to submit the claim or complaint to Freeberry using contact forms available via the Website or the Applications, or by sending mail to Freeberry’s business address or email as provided in Section 14 of these Terms.
12.4. Freeberry is considered to have received the claim or complaint on the 5th (fifth) business day after dispatch if the claim or complaint is submitted via contact forms or to Freeberry’s email address, or on the 15th (fifteenth) business day after dispatch if sent to Freeberry’s business address.
12.5. Freeberry shall respond to the User’s claim or complaint within 30 (thirty) days after receiving it. Freeberry may choose any form of response, including messaging via the Website or Application.
12.6. If Freeberry does not respond to the claim or complaint within the period specified in Section 12.5, or if the User is dissatisfied with the response, the provisions of Section 12.7 shall apply.
12.7. Any dispute, controversy, or claim arising from or in connection with these Terms or the User Agreement shall be finally settled by the Arbitration Court of the Estonian Chamber of Commerce and Industry, in accordance with its Rules of Arbitration Court. The arbitral tribunal shall consist of a sole arbitrator. The seat of arbitration and the place of hearings shall be Tallinn, Republic of Estonia. The language of the arbitral proceedings shall be English.
12.8. The arbitral agreement provided in Section 12.7 is governed by the laws of the Republic of Estonia, including the Estonian Code of Civil Procedure.
12.9. The arbitral agreement allows Freeberry to initiate arbitration proceedings against the User without first resorting to the pre-arbitration dispute resolution process outlined in Sections 12.3-12.6. Freeberry must notify the User of its intent to start arbitration proceedings at least 30 (thirty) days before submitting a request to the Arbitration Court of the Estonian Chamber of Commerce and Industry. The notification shall be sent to the User’s email address or via the Website or Application, and the User is deemed notified on the 5th (fifth) day after dispatch.
12.10. The arbitral agreement applies to any dispute between Freeberry and the User unless the dispute cannot be resolved through arbitration under the Estonian Code of Civil Procedure.
12.11. The arbitral agreement does not prevent Freeberry from initiating administrative or court proceedings against the User before a competent governmental authority or court if the matter cannot be arbitrated.
12.12. The arbitral agreement does not prevent the User from exercising their rights under GDPR, CCPA (if applicable), or DMCA (if applicable).
- Refund Policy
13.1. General Conditions for Refunds. Refunds to the User are processed only under specific circumstances as outlined in these Terms. The purpose of this refund policy is to ensure a clear understanding of when and how refunds may be issued to avoid misunderstandings and disputes.
13.2. Eligibility for Refunds. The User is eligible for a refund only in the following situations:
13.2.1. If a payment initiated by the User was returned to Freeberry’s account due to an unsuccessful delivery to the intended recipient. This may occur due to issues with the recipient’s bank or other unforeseen circumstances outside the control of Freeberry.
13.2.2. If the User provided incorrect or invalid bank account details, preventing the transfer of funds to the intended recipient.
13.2.3. If the User issued an erroneous or incorrect invoice and must return funds to their Client.
13.3. Request for Refund. The User must submit a formal refund request within 15 (fifteen) days of the original payment date. Requests submitted after this period may be rejected at Freeberry’s discretion. The User is responsible for ensuring that the refund request contains all necessary documentation, including but not limited to proof of payment, invoice details, and any other relevant information.
13.4. Refund Process. Upon receiving a valid refund request, Freeberry will review the documentation and, if eligible, process the refund. Refunds will be made using the same payment system through which the original payment was processed, unless the User provides a written request via email with updated payment information and a reasonable justification for the change. The User must ensure the accuracy of any updated information provided.
13.5. Fees and Deductions. Freeberry will deduct its operational expenses from the refund amount. This includes, but is not limited to administrative fees, transaction costs, and any other expenses incurred by Freeberry in relation to processing the payment. The minimum deduction will be 2% of the total payment amount, or 100 EUR, whichever is greater.
13.5.1. In cases where the transaction involves significant processing costs or complications, Freeberry reserves the right to increase the deducted amount, provided that the User is notified in advance.
13.6. Timeframe for Refund Processing. Refunds will be processed within 10 (ten) business days from the date Freeberry receives and confirms the refund request. During this period, Freeberry may contact the User for further clarification or additional documentation to verify the refund eligibility.
13.7. Refund Method. Unless otherwise specified, refunds will be credited to the same bank account or payment method used by the User during the original transaction. In the event that the User requests the refund to be sent to a different account, Freeberry may require additional documentation to verify the legitimacy of the new payment information.
13.8. Exclusion of Liability. Freeberry is not liable for any delays, failures, or issues in refund processing caused by incorrect or incomplete information provided by the User or third-party payment systems involved in the transaction. Additionally, Freeberry is not responsible for any fluctuations in currency exchange rates or additional bank fees that may apply during the refund process.
13.9. User Responsibilities. The User is solely responsible for ensuring that the provided payment details, including bank account numbers and billing information, are correct and valid at the time of submitting the refund request. Any errors in the provided information may result in delays or rejections of the refund request.
13.10. Disputes Regarding Refunds. In case of any disputes or disagreements regarding refunds, the User is entitled to contact Freeberry’s support team via the contact information provided in these Terms. Freeberry will make reasonable efforts to resolve any issues amicably and provide the User with a satisfactory solution. However, if the dispute cannot be resolved through negotiation, the provisions of Section 12 (Applicable Law and Dispute Resolution) shall apply.
13.11. Refund Denials. Freeberry reserves the right to deny refund requests in cases where:
13.11.1. The refund request does not meet the eligibility criteria as described in this Section.
13.11.2. The User fails to provide sufficient documentation or information to substantiate their refund request.
13.11.3. The refund request is deemed fraudulent or the User has engaged in illegal activities that breach the Terms.
- Date of Enactment and Updates to the Terms
14.1. These Terms take effect on January 1, 2024.
14.2. Freeberry reserves the right to periodically update the Terms by posting the revised version on the Website and the Applications. Freeberry has full discretion to amend any provision of the Terms, including the scope of the User’s liability to Freeberry or the Client. The updated version of the Terms becomes effective upon publication on the Website and the Applications, unless otherwise explicitly stated in the updated version.
14.3. Freeberry will take reasonable steps to notify Users of any updates to the Terms. Where possible, Freeberry will send bulk emails or notifications about updates via User accounts. However, it is the User’s responsibility to regularly check the Website and Applications for any updates.
- Contacting Freeberry
15.1. Users can contact Freeberry through the contact forms available on the Website and Applications, or by using the following contact information:
FREEBERRY OÜ
- Company Registration Number: 16786623
- Email: [email protected]
- Address: Pärnu mnt 105, Kesklinna linnaosa, Tallinn, Harju maakond, 11312, Republic of Estonia