Welcome to www.histaminelife.com (the “Website”).
These Terms and Conditions (“Agreement”) constitute a legally binding agreement that sets forth the terms and conditions governing all visitors, users, clients, and customers (“You” or “Your”) who use the Website and our services. By using the Website or engaging our services, You acknowledge and agree to comply with all terms and conditions contained in this Agreement.
This Agreement incorporates Our Privacy Policy by reference.
Please review this Agreement carefully as it affects Your legal rights and obligations. By accessing or using the Website or engaging our services, You confirm that You have read, understood, and agreed to be bound by this Agreement. If You do not agree to these terms and conditions, You may not access or use the Website or our services.
1. Definitions
The following definitions apply to these Terms and Conditions, Privacy Policy, and all related agreements:
- “Company,” “Us,” “We,” and “Our” refer to mountain explorer, s.r.o., a company organized under the laws of Slovakia and based at Karpatske namestie 7770/10A, 83106 Bratislava, Slovakia (European Union), ID: 53226119.
- “Content” means all information displayed on the Website, including but not limited to text, data, code, images, photographs, graphics, software, designs, and any other materials available on the Website or via email communication, including newsletters.
- “Deliverables” means any reports, documents, recommendations, or other materials we provide as part of our Services.
- “Invoice” means an itemized list of Services provided to You, detailing individual service amounts and the total sum due.
- “Newsletter” means the free Histamine Life newsletter service.
- “Party” means either You or Us, and “Parties” means both You and Us collectively.
- “Paid Services” means our paid services described in Section 2.1 or any custom services.
- “Services” means both our Paid Services and free Newsletter.
- “Service Agreement” means any specific agreement between You and Us detailing the Paid Services.
2. Services
2.1 Service Provision
We offer the following services:
Paid Services include but are not limited to:
- Courses
- Consultations
Free Services include but are not limited to:
- Histamine Life Newsletter
2.2 Service Engagement
- All Paid Services require a formal agreement and advance payment before commencement
- Service agreements may be executed via email or through authorized third-party service providers
- The specific scope of work, deliverables, timelines, and fees shall be mutually agreed upon by authorized representatives of both Parties
- We reserve the right to refuse service to anyone at our sole discretion
- We will make reasonable efforts to provide services within agreed timeframes, though exact timing may vary based on complexity and scope
2.3 Client Responsibilities
You agree to:
- Provide accurate and complete information necessary for service delivery
- Respond to queries and requests for information promptly
- Implement recommendations at Your own discretion and responsibility
- Maintain confidentiality of our proprietary methodologies and recommendations
3. Payments and Billing
3.1 Fees and Payments
Paid Services:
- All payments shall be made in EUR unless otherwise specified
- Payments are due within 7 days of Invoice date
- For EU clients (VAT registered) and all non-EU clients, reverse charge mechanism applies
- For EU clients not registered for VAT, applicable VAT rates will be charged
- All prices are exclusive of VAT unless explicitly stated otherwise
- Payments shall be made via bank transfer to our designated account or through mutually agreed financial services
- Work will not commence until payment terms are agreed and any required advance payments are received
Free Services:
- The Histamine Life Newsletter is provided at no charge.
- We reserve the right to:
- Modify Newsletter frequency
- Alter Newsletter content and format
- Discontinue the Newsletter service
- Convert the Newsletter to a paid service with advance notice
3.2 Late Payments
- Services may be suspended for overdue payments
- Late payment fees may apply to overdue invoices
- You are responsible for all costs associated with collecting overdue payments
3.3 Refunds
- Due to the consultative nature of our services, fees are generally non-refundable
- Specific refund terms may be outlined in individual Service Agreements
- Pro-rata refunds for service termination may be considered at our discretion
4. Intellectual Property Rights
4.1 Our Rights
- We retain ownership of all methodologies, processes, and know-how
- You receive a non-exclusive license to use deliverables
- Implementation of recommendations does not transfer ownership of methodology
4.2 Your Rights
- You receive a non-exclusive license to use our deliverables for You
5. Confidentiality and Data Usage
5.1 Our Obligations
We agree to:
- Maintain confidentiality of Your information
- Protect against unauthorized disclosure of sensitive data or analytics
5.2 Data Usage Rights
By engaging our services, You expressly grant us the following rights:
Data Usage:
We may anonymously use and share data for:
- Case studies and white papers
- Research purposes and industry analysis
- Educational content and training materials
- Marketing materials and promotional content
- Analysis and processing using artificial intelligence (“AI”) and large language models (“LLM”) for:
- Conducting research and data analysis
- Identifying industry trends and patterns
- Improving service delivery and methodologies
- Creating aggregated industry reports
- Any other professional purposes
AI Data Processing Safeguards:
We commit to:
- Using only anonymized and aggregated data for AI and LLM processing
- Excluding personally identifiable information and sensitive business data from AI processing
- Maintaining appropriate security measures for AI tools
- Regularly reviewing AI processing methods for data protection compliance
6. Limitations of Liability
- Our liability for each service engagement is limited to the amount paid for that specific service
- We provide recommendations based on best practices and professional judgment but cannot guarantee specific results
7. Data Protection and Privacy
7.1 Compliance Requirements
Both Parties agree to comply with:
- The EU General Data Protection Regulation (GDPR)
- The Company’s Privacy Policy
7.2 AI/LLM Data Processing
Our use of artificial intelligence and large language models for data processing shall:
- Comply with applicable data protection regulations
- Maintain appropriate technical and organizational security measures
- Follow industry best practices for AI data security
- Adhere to safeguards outlined in Section 5
- Align with Your privacy expectations
8. Term and Termination
8.1 Termination by Us
We may terminate services if:
- You breach any terms of this Agreement
- Payment is not received by the due date
- You fail to provide necessary information
- You engage in abusive or unethical behavior
- We determine we cannot provide value for Your specific needs
8.2 Termination by You
You may terminate services:
- According to Your Service Agreement terms
- With written notice as specified in the Service Agreement
- If we breach material terms of this Agreement
8.3 Effect of Termination
Upon termination:
- You remain liable for fees incurred through the termination date
- We will provide any completed deliverables You have paid for
- Confidentiality obligations remain in effect
- License to use our deliverables remains valid for paid services
9. Force Majeure
Neither Party shall be liable for delays caused by circumstances beyond reasonable control, including:
- Natural disasters
- War or civil unrest
- Pandemics or epidemics
- Government actions or regulations
- Internet or infrastructure failures
- Other unforeseeable events
10. General Provisions
10.1 Governing Law
This Agreement is governed by the laws of Slovakia. Any disputes shall be resolved in the courts of Bratislava, Slovakia.
10.2 Modifications
We may modify these terms with notice. Continued use of services constitutes acceptance of modified terms.
10.3 Severability
If any provision is found invalid, the remaining provisions shall remain in full force and effect.
11. Contact Information
For questions regarding these terms or our services, please contact:
mountain explorer, s.r.o.
Karpatske namestie 7770/10A
83106 Bratislava
Slovakia
Email: [email protected]
Last updated: February 11, 2025
By engaging our services or using our Website, You acknowledge that You have read these terms, understand them, and agree to be bound by them. You further acknowledge that these terms represent the complete and exclusive statement of the agreement between us regarding our services.