Terms of Service

Without limiting any other definition contained in these Terms, the following terms shall have the meanings set out below, unless the context requires otherwise:

1. Glasses on the run (and GOTR / we / us / our) — means Glasses On The Run Ltd, a company registered in Bulgaria with its seat and registered office at 20 Gurgulyat Str., apt. 12, Sofia 1463, Republic of Bulgaria, which company owns and administers the Platform
2. Account — means an account, profile or other access arrangement created or activated by a Merchant, Buyer or Authorised User for the purpose of accessing and using the Platform and the Services. An Account may be created through a Third-Party Platform, including through the installation and use of the GOTR Shopify application within the Shopify administrative interface.
3. Platform — means the Glasses On The Run software platform, including its website, applications, embedded applications, analytics dashboard, data processing infrastructure, APIs, Integrations, reporting tools, subpages, subdomains, point-of-sale integrations (currently including a Shopify embedded application), and any other related functionalities and technical interfaces available by GOTR.
4. Integration — means any authorised technical connection between the Platform and a point-of-sale, e-commerce, inventory-management or other business system, including any application, embedded application, connector, API or other technical interface configured and/or used for that purpose.
5. Store Owner or Merchant — means a running-specialty retailer or other eligible business that connects an Integration to the Platform and authorises GOTR to access and use its Store Data in accordance with these Terms.
6. End Customer — means any natural person who purchases or otherwise receives products or services from a Merchant.
7. Buyer — means a brand, manufacturer, distributor, investor, market researcher, consultant or other running-industry stakeholder that has entered into a commercial agreement with GOTR for access to market intelligence, reports, datasets or other related Services.
8. Authorised User – means any individual who is duly authorised by a Store Owner or Buyer to access and use the Platform and the Services on its behalf, including its owners, directors, officers, employees, representatives or contractors.
9. Services — means all services provided by GOTR through or in connection with the Platform, including the standardisation, analysis and aggregation of Store Data, store-level analytics, benchmarking, market intelligence, reporting and access to Aggregated Data.
10. Store Data — means commercial, operational, product, inventory, pricing, sales, order and other business-related data made available to GOTR by or on behalf of a Merchant through an Integration or by any other authorised means.
11. Aggregated Data — means statistical, analytical, benchmark or market-intelligence data generated by combining, analysing or otherwise processing Store Data contributed by multiple Merchants, in a manner designed to prevent the identification of any individual Merchant, merchant's store or natural person.
12. End Customer Data — means any personal data relating to an End Customer, including their name, postal address, email address, telephone number and any other information that directly identifies or may reasonably be used to identify them.
13. Third-Party Platform — means Shopify and any other third-party point-of-sale, e-commerce, inventory-management or business platform, system or service that is connected to, integrated with or otherwise used in connection with the Platform.
14. Terms of Service (or Terms) — means these Terms of Service which set out the terms and conditions governing access to and use of the Platform and the Services, including the respective rights and obligations of GOTR, Merchants and Buyers. These Terms, together with any documents expressly incorporated into them by reference, constitute a legally binding agreement between GOTR and the relevant Merchant or Buyer upon their acceptance.

The Platform and the Services are intended exclusively for business and professional use and are not available to consumers acting outside their trade, business, craft or profession.

By accessing or using the Platform or services on behalf of a legal entity or other organisation, you represent and warrant that:

1. you are at least 18 years of age and have full legal capacity;
2. you are duly authorised to act on behalf of that entity or organisation; and
3. you have the authority to accept these Terms and legally bind that entity or organisation.

A Merchant accepts these Terms by completing the applicable onboarding process, connecting an authorised Integration, creating or activating an Account, or otherwise expressly confirming its acceptance of these Terms.

A Buyer accepts these Terms by entering into a Commercial Agreement with GOTR, creating or activating an Account, accessing the Services, or otherwise expressly confirming its acceptance of these Terms.

Acceptance of these Terms may be recorded electronically, together with the date, time, Account details and other relevant audit information. Such electronic acceptance shall have the same legal effect as a handwritten signature.

By completing the applicable onboarding process and installing, authorising or otherwise connecting an Integration, the Store Owner authorises GOTR on a going basis, to access, retrieve, receive and process Store Data through the applicable Integration and within the scope of the permissions granted by the Store Owner through the relevant Third-Party Platform.

The specific categories and data fields accessed by GOTR may vary depending on the relevant point-of-sale or e-commerce platform, the Integration used and the functionalities enabled by the Store Owner. GOTR does not request or receive End Customer Data.

Further information regarding the categories of personal data processed through each Integration, where applicable, is provided in GOTR's Privacy Policy and Data Processing Agreement.

The Store Owner grants GOTR a non-exclusive, worldwide and royalty-free right, for the duration of its participation in the Platform, to use, reproduce, structure, standardise, analyse, combine and otherwise process the Store Data to the extent necessary to:

1. provide the Store Owner with access to the analytics dashboard, including store-level performance metrics, reports and market benchmarks;
2. operate, maintain, secure and improve the Platform and the Services; and
3. generate Aggregated Data and market-intelligence products which may be made available to Buyers in accordance with these Terms.

Introductory provision
If at any time you do not agree, or are no longer willing to be bound by these Terms or any other applicable policy or agreement, you must immediately discontinue your use of the Platform and the Services, disconnect any active Integration and, where applicable, terminate your participation in the Platform.

The authorisation granted under this Section shall remain in force until the relevant Integration is disconnected, the Store Owner terminates its participation in the Platform or these Terms are otherwise terminated in accordance with their provisions.

GOTR shall not make Store Data attributable to an individual Store Owner available to Buyers. Buyers shall receive access only to Aggregated Data, unless the relevant Store Owner has expressly authorised the disclosure of its individual Store Data in writing or such disclosure is required by applicable law.

GOTR may combine Store Data contributed by the Store Owner with data received from other participating Merchants for the purpose of generating Aggregated Data.

GOTR shall apply reasonable aggregation and disclosure controls designed to prevent the identification of an individual Store Owner, Store or natural person. Such controls may include:

1. minimum participation thresholds, as further specified in Clause 3.9.;
2. suppression of results based on insufficient sample sizes;
3. limitations on the combination of filters, product categories, locations and reporting periods;
4. restrictions on access to detailed or underlying records; and
5. contractual prohibitions on Buyers attempting to identify or re-identify any individual Merchant, Store, End Customer or other natural person from Aggregated Data, including by combining Aggregated Data with other information.

For the purposes of Clause 3.7(a), the minimum participation threshold shall be ten participating Stores. GOTR may apply a higher threshold or additional disclosure controls where reasonably necessary, taking into account the size, composition and concentration of the relevant dataset, the level of detail of the requested analysis, the filters applied and the risk that an individual Store Owner, store or natural person may otherwise be identified.

GOTR shall not make Aggregated Data available where fewer than ten participating Stores contribute to the relevant dataset, market segment or reporting category, unless a higher threshold or additional disclosure control applies under Clause 3.8.

Reciprocal Benefit

Unless otherwise agreed in writing, participation as a contributing Store Owner is provided without a monetary subscription fee and includes access to Aggregated Data relating to the geographic market in which the relevant Store contributes Store Data, subject to the applicable participation thresholds and disclosure controls. Access to Aggregated Data relating to other countries, regions or geographic markets may be subject to additional fees, subscription terms or other commercial conditions specified by GOTR. Where a Store Owner operates multiple Stores or forms part of an international group, access rights may be determined separately for each Store, country or market by reference to the Store Data contributed in the relevant geographic area.

In consideration for providing ongoing access to Store Data, the Store Owner receives access to the analytics, reporting and benchmarking functionalities made available by GOTR to participating Merchants.

Access to such functionalities is conditional upon the Store Owner:

1. maintaining an active Account and Integration;
2. continuing to contribute Store Data in accordance with these Terms; and
3. complying with its obligations under these Terms.

GOTR may amend, replace, restrict or discontinue particular functionalities of the Platform from time to time. Where a change materially reduces the core functionalities available to participating Store Owners, GOTR shall provide reasonable prior notice.

The Store Owner represents and warrants that:

1. it has all rights, permissions and authority necessary to connect the relevant Integration and grant GOTR access to the Store Data;
2. the person completing the onboarding process and connecting the Integration is duly authorised to act on its behalf;
3. the Store Data has been lawfully collected and may lawfully be accessed, transferred and processed for the purposes described in these Terms;
4. its use of the Platform and the relevant Integration complies with all applicable laws and with the terms and technical requirements of the relevant Third-Party Platform;
5. the Store Data does not infringe any third-party intellectual property, confidentiality, privacy or other rights; and
6. all information provided to GOTR during onboarding and throughout the use of the Platform is accurate, complete and up to date.

The Store Owner shall promptly notify GOTR if it becomes aware that any representation or warranty under Clause 3.14 is no longer accurate or complete. GOTR may carry out reasonable validation checks and may request clarification, suspend the use of, or exclude Store Data where it reasonably suspects that such data is inaccurate, incomplete, unlawful or materially inconsistent with expected patterns. Any such checks shall not relieve the Store Owner of its responsibility for the accuracy, completeness and lawfulness of the Store Data.

Where the relevant functionality is available, the Store Owner may pause the synchronisation of new Store Data through the Platform settings.

While synchronisation is paused:

1. GOTR shall not intentionally retrieve new Store Data through the paused Integration;
2. previously contributed Store Data may continue to be processed in accordance with these Terms;
3. previously generated Aggregated Data may continue to be retained, used and made available to Buyers; and
4. GOTR may restrict or suspend the Store Owner's access to analytics or benchmarking functionalities which are conditional upon the ongoing contribution of Store Data.

Pausing the synchronisation of Store Data shall not terminate the Store Owner's participation in the Platform, the relevant Integration or these Terms.

A Store Owner may disconnect the relevant Integration at any time, including, where applicable, by uninstalling the GOTR application, revoking the permissions granted to GOTR through the relevant Third-Party Platform or using another disconnection method made available through the Platform.

Unless the Store Owner also terminates its participation in the Platform, disconnection or removal of an Integration shall not, by itself, terminate these Terms. Following disconnection, GOTR may restrict or suspend the Store Owner's access to analytics, benchmarking and other functionalities that require the ongoing contribution of Store Data.

A Store Owner may terminate its participation in the Platform and request closure of its GOTR Account at any time. To initiate the account-closure process, the Store Owner shall:

1. where the Account is connected to one or more active Integrations, disconnect or remove all such Integrations, including, where applicable, by uninstalling the GOTR application from Shopify;
2. submit a written request to GOTR by email confirming that it wishes to close its GOTR Account; and
3. following receipt of the request, receive confirmation from GOTR that the account-closure process has been initiated.

For the avoidance of doubt, the disconnection or removal of any Integration, including the uninstallation of the GOTR application from Shopify, shall not, in and of itself, constitute or be construed as termination of the Store Owner's participation in the Platform or closure of the GOTR Account.

Termination shall take effect upon GOTR's written confirmation under paragraph (c). GOTR shall therefore complete the technical closure of the Account within thirty (30) days following such confirmation. Closure of the Account shall not affect GOTR's right or obligation to retain any data to the extent permitted or required under these Terms, the Privacy Policy or the applicable law.

Upon disconnection of the relevant Integration:

1. GOTR shall cease retrieving new Store Data through that Integration;
2. the Store Owner's participation in the Platform may continue, unless separately terminated in accordance with Clause 3.21; and
3. GOTR may restrict or suspend access to functionalities which require the ongoing contribution of Store Data.

Upon termination of the Store Owner's Account:

1. the Store Owner's and its Authorised Users' right to access and use the Platform and the Services shall cease;
2. GOTR shall permanently cease retrieving new Store Data through the any Integration connected by or on behalf the Store Owner;
3. Store Data retained by GOTR for the provision of the Services and attributable to the Store Owner or an individual Store shall be placed in a restricted state following termination and deleted within 30 (thirty) days. During that 30-day period, the Account may be restored at the Store Owner's express request, provided that deletion has not yet been completed. Continued retention beyond that period shall be permitted only where required by applicable law or reasonably necessary for the establishment, exercise or defence of legal claims;
4. personal data relating to the Store Owner's representatives and Authorised Users shall be deleted or retained for the periods specified in the Privacy Policy;
5. data retained in backup systems shall be deleted in accordance with GOTR's ordinary backup-retention cycle and shall not be restored or otherwise processed except where necessary for disaster recovery or compliance purposes; and
6. Aggregated Data generated before termination may continue to be retained and used by GOTR, provided that such data cannot reasonably be attributed to or used to identify the Store Owner, any individual Store, End customer or other natural person.

Disconnection of an Integration or termination of the Store Owner's participation in the Platform shall not affect any rights, remedies, obligations or liabilities accrued before the effective date of the disconnection or termination.

Buyers may access Aggregated Data, market-intelligence reports, dashboards, datasets and other reporting or analytical tools made available by GOTR, subject to these Terms and any separate commercial agreement entered into between the Buyer and GOTR.

The specific scope of the Services provided to a Buyer, including the relevant datasets, reporting categories, delivery format, update frequency, access period, permitted number of Authorised Users, fees, payment terms and any applicable service-level commitments, shall be set out in the relevant commercial agreement.

These Terms shall apply in addition to the relevant commercial agreement. In the event of any conflict, the commercial agreement shall prevail only in respect of the specific matter expressly regulated therein.

Subject to payment of all applicable fees and continued compliance with these Terms and the relevant commercial agreement, GOTR grants the Buyer a limited, non-exclusive, non-transferable and revocable contractual right to access and use the Services and the Aggregated Data made available to it during the applicable access period and solely for the permitted purposes set out in Clause 4.5. Such right may not be assigned, transferred or otherwise made available to any third party, except to the Buyer's Authorised Users in accordance with these Terms and the relevant commercial agreement.

Unless otherwise expressly agreed in writing, the Buyer may use the Aggregated Data solely for its own internal business, research, strategic planning and market-analysis purposes.

The right granted under Clause 4.4 constitutes a limited contractual right to access and use the Services and the Aggregated Data and shall not be construed as an assignment or transfer of any ownership, intellectual property or other proprietary rights to the Buyer. For the avoidance of doubt:

1. all rights, title and interest in and to the Platform and the Services, including the software, databases, interfaces, methodologies, algorithms, analytical models, reports, visualisations, documentation and analytical tools, as well as any intellectual property and database rights subsisting in the selection, arrangement, compilation and presentation of the Aggregated Data, shall remain vested in GOTR;
2. the Buyer shall not acquire any right of access to the underlying Store Data or any other source data used to generate the Aggregated Data. Any copies, extracts or internal materials created by the Buyer through the permitted use of the Aggregated Data shall remain subject to these Terms and the applicable commercial agreement; and
3. no rights shall be granted to the Buyer by implication or otherwise, except for the rights expressly provided under these Terms or the applicable commercial agreement.

The Buyer shall:

1. use the Platform, the Services and the Aggregated Data only for the purposes permitted under these Terms and the applicable commercial agreement concluded between GOTR and the Buyer;
2. ensure that access is limited to its Authorised Users and that such Authorised Users comply with the applicable terms and restrictions;
3. maintain appropriate technical and organisational measures to prevent unauthorised access to or disclosure of any non-public reports, datasets or other materials provided by GOTR;
4. promptly notify GOTR of any actual or suspected unauthorised access, disclosure or misuse; and
5. comply with all applicable laws and regulations when using the Services and the Aggregated Data.

Unless expressly permitted under these Terms or the applicable commercial agreement, or otherwise authorised in advance by GOTR in writing, the Buyer shall not, directly or indirectly:

1. sell, resell, assign, transfer, distribute, publish, disclose, grant access to or otherwise make the Aggregated Data available to any third party;
2. use the Aggregated Data to provide commercial data, analytics, benchmarking or market-intelligence products or services to third parties;
3. reproduce, download, copy or extract the Aggregated Data, except to the extent reasonably necessary for the permitted internal use;
4. use automated means, including scraping tools, bots, crawlers or other technical methods to extract data from the Platform;
5. attempt to identify any individual Merchant or Store, or to determine or infer its individual commercial performance, from the Aggregated Data;
6. attempt to identify or re-identify any End Customer or other natural person from the Aggregated Data;
7. combine the Aggregated Data with any other information for any of the purposes referred to in Clauses 4.8.(e) and 4.8.(f);
8. circumvent or attempt to circumvent any aggregation threshold, access restriction, filter limitation or other security safeguard applied by GOTR;
9. reverse engineer or attempt to reconstruct (reproduce) or derive the methodologies, analytical methods, structure, source data or underlying datasets used by GOTR to generate the Aggregated Data;
10. use the Aggregated Data to develop, train, improve or operate any artificial-intelligence system, data product or market-intelligence service which competes with the Platform or the Services, owned by GOTR; or
11. remove, alter or obscure any proprietary notice, copyright notice or other indication of ownership included in the Platform, reports, datasets or other data deliverables.

The Buyer acknowledges that the Aggregated Data is derived from data contributed by a sample of participating Merchants and may not represent the entire market, territory, product category or reporting period comprehensively.

The Services and the Aggregated Data are intended to provide general market intelligence and shall not constitute financial, investment, legal, accounting or other professional advice.

The Buyer remains solely responsible for assessing the suitability, relevance and limitations of the Aggregated Data for its intended purposes, for interpreting such data correctly and, where appropriate, for carrying out its own independent verification or obtaining professional advice before relying on it. Any commercial, investment, financial or strategic decision made on the basis of the Aggregated Data shall be made at the Buyer's own discretion and risk.

The Buyer shall keep confidential and shall not disclose to any third party any non-public information made available by GOTR in connection with the Platform or the Services, including but not limited to reports, datasets, dashboards, access credentials, methodologies, analytical models, documentation and other technical, commercial or business information ("Confidential Information"). The Buyer may disclose Confidential Information only:

1. to its Authorised Users who have a legitimate need to access such information for the permitted purpose and who are bound by confidentiality obligations no less protective than those set out in these Terms; or
2. where disclosure is required by applicable law, a court order or a competent authority.

The Buyer shall remain responsible for any act or omission of its Authorised Users in relation to the Confidential Information.

Where disclosure is required by law, the Buyer shall, to the extent legally permitted, notify GOTR in advance and limit the disclosure to the minimum information legally required.

The Buyer's right to access and use the Services shall continue for the period specified in the applicable commercial agreement concluded between GOTR and the Buyer, unless suspended or terminated earlier in accordance with these Terms or that agreement.

Upon expiry or termination of the Buyer's access:

1. the Buyer shall immediately cease accessing and using the Platform and the Services;
2. all rights granted to the Buyer under this Section shall terminate;
3. the Buyer shall cease using and, where requested by GOTR, delete or return any non-public reports or datasets in its possession, except where retention is required by applicable law; and
4. any provisions which by their nature are intended to survive termination, including confidentiality, intellectual property, restrictions on re-identification and liability provisions, shall remain in effect.

GOTR retains all right, title and interest in and to the Platform and the Services, including all intellectual property and database rights relating to or embodied in:

1. the software, source and object code comprising the Platform;
2. the structure, organisation, selection and arrangement of the Platform and its databases;
3. the algorithms, analytical models, methodologies, processes, workflows and data-processing techniques used by GOTR;
4. the dashboards, reports, visualisations, interfaces, designs, branding and documentation, trademarks, trade names and other materials made available through the Platform; and
5. any modifications, improvements, updates, developments or derivative works of the foregoing.

Each Store Owner shall retain all rights, title and interest in and to the Store Data made available by or on its behalf. Nothing in these Terms shall transfer ownership of the underlying Store Data to GOTR. The Store Owner grants GOTR only the rights necessary to access, retrieve, reproduce, structure, standardise, analyse, combine and otherwise process the Store Data for the purposes and for the period specified in these Terms.

Subject to Clause 5.2, GOTR shall retain all rights, title and interest in and to the Aggregated Data and the reports, analyses, benchmarks, visualisations and other outputs generated by GOTR through the processing and combination of Store Data.

1. To the extent that intellectual property rights, database rights or other proprietary rights subsist in such Aggregated Data or outputs, those rights, including rights relating to their selection, arrangement, compilation, structure and presentation and to the methodologies and analytical models used to generate them, shall remain vested in GOTR.
2. For the avoidance of doubt, GOTR's rights under this Clause shall not confer on GOTR ownership of the underlying Store Data.

Buyers and Store Owners are granted only the limited contractual rights to access and use the Platform, the Services and the Aggregated Data expressly set out in these Terms or in the applicable commercial agreement. No ownership, intellectual property right, database right or other proprietary right shall be assigned or transferred to a Buyer or Store Owner by virtue of their access to or use of the Platform or the Services.

Where the Platform or the Services incorporate software, content or other materials owned by third parties, the relevant intellectual property rights shall remain vested in the respective third-party owners and may be subject to additional terms or restrictions imposed by them.

Except for the rights expressly granted under these Terms or the applicable commercial agreement, no rights in the intellectual property of GOTR, a Store Owner or any third party shall be granted to another party by implication or otherwise.

GOTR shall process personal data relating to Store Owners, Buyers, Authorised Users and their representatives in accordance with its Privacy Policy and applicable data protection laws. The Privacy Policy describes, among other matters, the roles of GOTR, the categories of personal data processed by GOTR, the purposes and legal bases of the processing, the applicable retention periods and the rights of data subjects.

Each party shall comply with its respective obligations under applicable data protection laws and shall implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction, alteration or disclosure.

The Platform, the Services and all data, reports, benchmarks, visualisations, market intelligence and other information or materials made available through them are provided on an "as is" and "as available" basis, except to the extent expressly provided otherwise in the applicable commercial agreement.

To the fullest extent permitted by applicable law, GOTR excludes all warranties, representations, conditions and other terms of any kind, whether express, implied or statutory, including any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, completeness, availability, compatibility and non-infringement.

Without limiting Clause 7.2, GOTR does not warrant or represent that:

1. the Platform or the Services will be available at any particular time or will operate continuously, without interruption, delay, error, defect or security vulnerability;
2. any defect, error or interruption affecting the Platform or the Services will be corrected within a particular period;
3. the Platform or the Services will be compatible with every device, system, software, browser, Third-Party Platform or Integration;
4. the Aggregated Data or any reports, benchmarks, analyses or market intelligence generated through the Platform will be accurate, complete, current, error-free, representative of the entire market or suitable for any particular purpose;
5. the use of the Platform, the Services or the Aggregated Data will achieve any particular commercial, financial, investment, operational or strategic result; or
6. any Third-Party Platform, Integration or other service outside GOTR's control will remain available, unchanged or compatible with the Platform.

GOTR shall use commercially reasonable efforts to maintain the availability and proper operation of the Platform. Unless a specific service level is expressly agreed in the applicable commercial agreement, GOTR does not guarantee any particular level of uptime, response time, data-update frequency, technical support or service continuity.

The Aggregated Data and the outputs generated through the Platform are based on Store Data made available by participating Store Owners and may be affected by the size and composition of the relevant dataset, the accuracy, completeness and timeliness of the underlying Store Data, the applicable reporting period, filters and aggregation thresholds and changes in market conditions. Accordingly, the Aggregated Data may reflect only a sample of the relevant market and shall not be regarded as a comprehensive or definitive representation of the market as a whole.

Any reports, benchmarks, analyses, forecasts or market intelligence made available through the Platform are provided for general informational and analytical purposes only and do not constitute legal, financial, investment, accounting, tax or other professional advice.

Each Buyer and Store Owner remains responsible for independently assessing the suitability, relevance and limitations of the Platform, the Services and any information made available through them for its intended purposes. Any decision or action taken in reliance on such information shall be made at the relevant user's own discretion and risk.

GOTR shall not be responsible for any unavailability, malfunction, modification, restriction or discontinuation of a Third-Party Platform or Integration, or for any error, delay or loss of functionality resulting from circumstances outside GOTR's reasonable control.

Nothing in this Section shall exclude or limit any warranty, representation, condition or obligation which cannot lawfully be excluded or limited under applicable law.

To the fullest extent permitted by applicable law, GOTR and its officers, directors and employees shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, mispresentation or otherwise, for any loss or damage of any kind arising out of or in connection with:

1. the access to, use of or inability to access or use the Platform or the Services;
2. the Aggregated Data or any reports, benchmarks, analyses, visualisations, forecasts or other market intelligence made available through the Platform;
3. any reliance on or decision made on the basis of the Platform, the Services or the Aggregated Data;
4. these Terms or the applicable commercial agreement; or
5. any act, omission, interruption, error or failure relating to a Third-Party Platform or Integration,

including, without limitation, any of the following:

• loss of profits, revenue, sales, business, contracts, business opportunities or anticipated savings;
• loss of goodwill or reputation;
• loss, corruption or unavailability of data or information;
• any indirect, incidental, special, consequential, exemplary or punitive loss or damage.

Without limiting Clause 8.1, GOTR shall not be liable to the extent that any loss, damage, delay, interruption or failure results from:

1. inaccurate, incomplete, outdated or unlawfully provided Store Data or other information supplied by a Store Owner or a third party;
2. any commercial, financial, investment, operational or strategic decision made by a Buyer or Store Owner;
3. the availability, modification, suspension, restriction, malfunction or discontinuation of any Third-Party Platform, Integration or other service outside GOTR's reasonable control;
4. any unauthorised, improper or unlawful use of the Platform, the Services or the Aggregated Data by a Buyer, Store Owner, Authorised User or third party;
5. a failure by a Buyer or Store Owner to maintain the confidentiality and security of its Account credentials or to comply with these Terms; or
6. any event or circumstance beyond GOTR's reasonable control.

Subject to Clause 8.5, the total aggregate liability of GOTR for all claims arising out of or in connection with the Platform, the Services, the Aggregated Data, these Terms or any applicable commercial agreement shall not exceed the greater of:

1. EUR 1000; and
2. the total fees (excluding VAT, taxes and payment processing charges) actually paid to GOTR by the Buyer or Store Owner bringing the claim during the 12 (twelve months) immediately preceding the event giving rise to the claim.

Where two or more claims arise from the same event or from a series of connected events, they shall be treated as a single claim for the purposes of this Clause, and the applicable twelve-month period shall be calculated by reference to the first such event. The Buyer's or Store Owner's obligation to pay any Fees, taxes or other amounts properly due to GOTR shall not be limited by this Clause.

The exclusions and limitations set out in this Section shall apply regardless of the legal basis of the claim and shall also apply, to the extent permitted by applicable law, for the benefit of GOTR's officers, directors, employees, contractors, agents and licensors.

Nothing in these Terms excludes or limits GOTR's liability for:

1. death or personal injury caused by GOTR's negligence;
2. fraud or fraudulent misrepresentation; or
3. any other liability that cannot lawfully be excluded or limited under the applicable law of the Republic of Bulgaria.

To the extent that the applicable Data Processing Agreement contains specific provisions concerning the allocation or limitation of liability in relation to the processing of personal data, those provisions shall prevail over this Section in the event of any conflict.

Each Buyer, Store Owner and Authorised User shall use the Platform and the Services only for lawful purposes and in accordance with these Terms and the applicable commercial agreement. In particular, no such person shall, directly or indirectly:

1. use the Platform or the Services for any unlawful, fraudulent, deceptive or unauthorised purpose;
2. access or attempt to access any Account, data, functionality, system, server or network for which it has not been granted express authorisation;
3. circumvent or attempt to circumvent any authentication mechanism, access control, usage limitation, security measure or technical restriction applied by GOTR;
4. reverse engineer, decompile, disassemble, decode or otherwise attempt to discover the source code, underlying structure, algorithms, methodologies or technical operation of any part of the Platform, except to the extent that such restriction is prohibited by applicable law;
5. use any bot, scraper, crawler, automated script or similar technical means to access, monitor, copy or extract information from the Platform, except through functionality expressly made available or authorised by GOTR;
6. introduce, upload, transmit or distribute any virus, malware, malicious code or other material designed to damage, disrupt, disable or impair the Platform, the Services or any connected system;
7. interfere with, disrupt, overload or adversely affect the operation, availability, performance, integrity or security of the Platform or the Services;
8. use another person's Account or access credentials, permit any unauthorised person to use its Account or misrepresent its identity, authority or affiliation;
9. upload, submit or make available any data or material that is unlawful, inaccurate, misleading or infringes the intellectual property, confidentiality, privacy or other rights of any third party; or
10. use the Platform or the Services in any manner that may expose GOTR, another user or any third party to legal liability, regulatory action or material security risk.

GOTR may suspend or restrict access to the Platform or the Services where it reasonably believes that a Buyer, Store Owner or Authorised User has breached this Section or where such action is reasonably necessary to protect the Platform, its users or any third party from fraud, misuse, unauthorised access or a security threat. Where reasonably practicable, GOTR shall notify the relevant Buyer or Store Owner of the suspension and the reasons for it.

GOTR may suspend, restrict or terminate a Buyer's, Store Owner's or Authorised User's access to all or any part of the Platform or the Services where:

1. the relevant Buyer or Store Owner commits a material breach of these Terms, the applicable commercial agreement or where applicable, any Data Processing Agreement entered into with GOTR, and, where the breach is capable of remedy, fails to remedy it within fourteen days after receiving written notice from GOTR;
2. any amount payable under an applicable commercial agreement remains unpaid for more than fourteen days after GOTR has issued written notice requiring payment;
3. the relevant Buyer, Store Owner or Authorised User repeatedly breaches these Terms, irrespective of whether each individual breach has been remedied;
4. GOTR reasonably considers that the use of the Platform or the Services is unlawful, fraudulent or unauthorised, or creates a material security, legal, regulatory or reputational risk for GOTR, another user or a third party;
5. the relevant Buyer or Store Owner becomes insolvent, is unable to pay its debts as they fall due, enters liquidation, administration or analogous proceedings, or has a receiver, administrator or similar officer appointed over all or a material part of its assets;
6. suspension or termination is required by applicable law, a court, a competent authority or the binding requirements of a Third-Party Platform; or
7. a Third-Party Platform or Integration necessary for the provision of the relevant Services is suspended, discontinued or materially restricted.

GOTR may suspend or restrict access immediately and without prior notice where reasonably necessary to:

1. prevent or respond to an actual or suspected security incident, fraud, unlawful activity or unauthorised access;
2. protect the integrity, availability or security of the Platform, the Services or any connected system;
3. comply with applicable law, an order of a competent authority or the requirements of a Third-Party Platform; or
4. prevent material harm to GOTR, another user or a third party.

Where reasonably practicable and legally permitted, GOTR shall notify the relevant Buyer or Store Owner of the suspension and the reasons for it.

Where access has been suspended, GOTR may restore it once the circumstances giving rise to the suspension have been remedied to GOTR's reasonable satisfaction. A suspension shall not release the Buyer or Store Owner from any payment or other obligation accrued before or during the suspension.

GOTR may terminate the relevant Account or commercial relationship with immediate effect where:

1. a breach is incapable of remedy;
2. the circumstances referred to in Clauses 10.1(d), 10.1(e) or 10.1(f) arise;
3. the same or a substantially similar breach occurs repeatedly; or
4. a remediable breach is not remedied within the period specified in Clause 10.1.

Upon termination:

1. the relevant Buyer's or Store Owner's participation in Platform shall terminate;
2. the Buyer's, Store Owner's and their respective Authorised Users' rights to access and use the Platform and the Services shall cease;
3. all outstanding fees and other amounts accrued up to the effective date of termination shall become immediately due and payable;
4. no fees already paid shall be refundable, except where expressly provided in the applicable commercial agreement or required by law; and
5. Store Data and personal data shall be handled in accordance with the provisions of these Terms, the Privacy Policy and the applicable Data Processing Agreement.

Termination or suspension shall not affect any rights, remedies, obligations or liabilities accrued before the effective date of termination or suspension.

Any provision which by its nature is intended to continue after termination, including provisions relating to confidentiality, intellectual property rights, accrued payment obligations, disclaimers, limitation of liability and dispute resolution, shall survive termination.

These Terms, any applicable commercial agreement and any dispute or non-contractual obligation arising out of or in connection with them, the Platform and the Services shall be governed by and construed in accordance with the laws of the Republic of Bulgaria.

Before commencing court proceedings, the parties shall use reasonable efforts to resolve any dispute through good-faith negotiations. The party raising the dispute shall notify the other party in writing and provide reasonable details of the matter in dispute. If the dispute is not resolved within thirty days after receipt of such notice, either party may commence court proceedings.

Subject to Clause 11.4, the competent courts in Sofia, Bulgaria shall have exclusive jurisdiction to settle any dispute, controversy or claim arising out of or in connection with these Terms, any applicable commercial agreement, the Platform, the Services or the Aggregated Data, including any dispute concerning their existence, validity, interpretation, performance, breach or termination and any related non-contractual obligations.

Nothing in this Section shall:

1. affect any rules of exclusive jurisdiction which cannot lawfully be varied by agreement; or
2. prevent GOTR from seeking interim, injunctive or other protective relief before any court of competent jurisdiction where such relief is reasonably necessary to protect its intellectual property, Confidential Information, data or the security of the Platform.

GOTR may amend these Terms from time to time to reflect changes to the Platform or the Services, applicable law, regulatory requirements, security standards, technical developments or GOTR's business and operational practices.

Where an amendment materially affects the rights or obligations of a Buyer or Store Owner, GOTR shall provide at least thirty days' prior notice before the amendment takes effect. Notice may be provided by email to the address associated with the relevant Account, through an in-app notification or by another reasonable electronic means.

Notwithstanding Clause 12.2, GOTR may introduce an amendment with less notice or with immediate effect where reasonably necessary to:

1. comply with applicable law, a court order or a requirement of a competent authority;
2. address an actual or reasonably suspected security vulnerability, fraud, misuse or other material risk;
3. comply with binding requirements imposed by a Third-Party Platform; or
4. prevent material harm to GOTR, the Platform, its users or any third party.

Where reasonably practicable, GOTR shall notify the affected Buyers and Store Owners of such amendment as soon as possible.

Continued access to or use of the Platform or the Services after the effective date of an amendment shall constitute acceptance of the amended Terms. If a Buyer or Store Owner does not agree to a material amendment, it must discontinue use of the Platform and the Services, and before the amendment takes effect, terminate the applicable commercial relationship or its participation in the Platform, as relevant and subject to any applicable termination provisions.

Amendments to these Terms shall apply prospectively from their effective date and shall not affect any rights, obligations or liabilities accrued before that date.

Nothing in this Section permits GOTR to amend an applicable commercial agreement unilaterally, except where that agreement expressly provides otherwise. Any amendment to a commercial agreement shall be made in accordance with its terms.

For general enquiries, support requests or questions relating to these Terms, GOTR may be contacted at: Glasses On The Run Ltd.
Address: 20 Gurgulyat Str., apt. 12, Sofia 1463, Republic of Bulgaria
E-mail: support@glassesontherun.com

Any notice required or permitted under these Terms shall be made in writing and may be delivered:

1. to GOTR, by email or post using the contact details set out in Clause 13.1; and
2. to a Buyer or Store Owner, by email to the address associated with its Account or specified in the applicable commercial agreement.

Each Buyer and Store Owner shall ensure that its contact details are accurate and up to date. GOTR shall not be responsible for any failure to receive a notice resulting from inaccurate or outdated contact information provided by the relevant Buyer or Store Owner.