3. DELIVERY AND TRANSPORT

3.1 Delivery dates

The Seller shall make all reasonable efforts to meet quoted or acknowledged delivery dates. However, all such dates are estimates only and shall not be binding. The Seller shall not be liable for any failure to meet delivery dates.

3.2 Approximate delivery

All delivery dates and times are approximate and subject to change due to unforeseen circumstances.

3.3 Time not of the essence

Time shall not be of the essence in respect of delivery.

3.4 Partial deliveries

If the Seller is unable to deliver all Products within the agreed period, the Seller shall be entitled to make partial deliveries, and the delivery period shall be extended accordingly.

3.5 Delay not a ground for termination

Failure to meet a delivery date shall not entitle the Buyer to terminate the Agreement or to claim compensation unless the Buyer proves wilful misconduct or gross negligence on the part of the Seller.

3.6 Force Majeure

If the Seller is unable to meet its delivery obligations due to Force Majeure, the Seller shall be entitled to suspend delivery.
If such circumstances persist for more than two (2) months, either Party may terminate the relevant Agreement by written notice.

Force Majeure includes, without limitation:
a) operational failure or business interruption of any kind;
b) delay or failure by manufacturers or carriers;
c) transportation disruptions affecting delivery of the Products;
d) import, export or customs restrictions or prohibitions.

3.7 Delivery terms

Unless otherwise agreed in writing, all deliveries shall be made Ex Works (EXW), Incoterms® 2020, at the Seller’s premises or such other location in Bulgaria as expressly agreed in writing.

3.8 Transfer of risk

Risk of loss or damage to the Products shall pass to the Buyer in accordance with Ex Works (Incoterms® 2020) at the moment the Products are made available to the Buyer.
The Seller shall have no liability for any loss or damage occurring after risk has passed.

3.9 Failure to take delivery

If the Buyer fails to take delivery on the agreed date or within five (5) business days thereafter, the Seller may, at its option:
a) store the Products at the Buyer’s risk and expense, charging a storage fee of one and a half percent (1.5%) per month of the invoice value, and invoice the Products accordingly; or
b) terminate the Agreement without court intervention, without prejudice to the Seller’s right to recover losses and expenses.

3.10 Transport liability

The Seller shall have no liability whatsoever in connection with transportation or shipment of the Products.
The Buyer shall be solely responsible for loading, transportation, export clearance and insurance of the Products.

3.11 Returns

Delivered Products are non-returnable. Unless mandatory law applies
No return shall be accepted for Products that have been installed, used, modified or customised.

In exceptional cases, at the Seller’s sole discretion, the Seller may accept a return and cancel the relevant order or part thereof. In such case, the Seller may charge:
a) all costs incurred to restore the Products to a saleable condition; and
b) a restocking or cancellation fee of twenty-five percent (25%) of the related invoice value.

4. TITLE AND RETENTION OF TITLE

4.1 Retention of title

Notwithstanding delivery and notwithstanding the passing of risk to the Buyer pursuant to Clause 3.8, title to the Products shall remain with the Seller until all amounts due and payable in respect of the Products have been paid in full and irrevocably received by the Seller.

4.2 Possession as bailee

Until title to the Products passes to the Buyer, the Buyer shall hold the Products as bailee and fiduciary agent for the Seller.

During such period, the Buyer shall:

• store the Products in a secure and proper environment;
• maintain adequate insurance cover against all customary risks;
• keep the Products clearly identifiable as the Seller’s property.

The Buyer may, in the ordinary course of its business, resell or use the Products, provided that:

• such resale or use does not prejudice the Seller’s rights under this Clause; and
• the Buyer shall hold all proceeds of any such resale, use or insurance claim (whether tangible or intangible) on trust for the Seller, separate from the Buyer’s own funds and those of third parties, until title passes to the Buyer.

4.3 Right of repossession

Until title to the Products passes to the Buyer (and provided that the Products remain in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Products to the Seller.

If the Buyer fails to do so promptly, the Seller shall be entitled, without prior notice, to enter any premises of the Buyer or any third party where the Products are stored and repossess the Products.

The Seller shall not be liable to reimburse the Buyer for any costs or expenses incurred in respect of the Products, including but not limited to shipping, taxes, duties or handling costs.

4.4 Insolvency events

The Buyer’s right to sell or use the Products pursuant to Clause 4.2 shall immediately cease if:

• any security is enforced over all or any part of the Buyer’s assets;
• the Buyer becomes insolvent, enters liquidation (whether compulsory or voluntary), administration, receivership, or bankruptcy;
• the Buyer makes any arrangement or composition with its creditors; or
• the Buyer otherwise becomes unable to pay its debts as they fall due.

Upon cessation of such right, the Buyer shall hold the Products solely on behalf of the Seller as its agent and shall continue to store them in accordance with Clause 4.2 until repossession by the Seller.

4.5 Prohibition on encumbrance

Until title to the Products passes to the Buyer, the Buyer shall not pledge, charge, encumber or otherwise grant any security interest in the Products.

Any breach of this Clause shall, without prejudice to any other rights or remedies of the Seller, render all outstanding invoices immediately due and payable.

5. REPRESENTATIONS, WARRANTIES AND LIABILITY

5.1 Title and authority

The Seller warrants that it has good title to, or a valid right or licence to supply, the Products to the Buyer.

5.2 Manufacturer specifications

Product specifications are determined by the manufacturer and may be changed, improved or modified at any time.

Unless expressly agreed otherwise in writing, Products are supplied in accordance with the manufacturer’s standard specifications applicable at the time of delivery.

Such changes shall not entitle the Buyer to cancel the Agreement, reject the Products or claim any compensation. The Seller reserves the right to adjust prices accordingly where manufacturer changes result in increased costs.

5.3 Discontinued products

If the manufacturer discontinues a Product that is the subject of an Agreement, the Seller shall not be liable for any resulting loss, damage or delay.

5.4 Variations

The Seller shall not be liable for any loss or damage arising from any variation between the Products supplied and the manufacturer’s specifications or technical data.

5.5 Inspection and defects notification

The Buyer shall inspect the Products immediately upon delivery.

Any defects must be notified to the Seller in writing within ten (14) calendar days from the date of delivery.
Failing such notification, the Products shall be deemed irrevocably and unconditionally accepted.

No defect claim shall be admissible if the Products have been resold, installed, used or modified prior to notification.

Notification of defects shall not suspend or delay the Buyer’s payment obligations.

The Buyer shall provide the Seller with a reasonable opportunity to inspect and test the Products.

5.6 Warranty scope

Any defective Product or part shall be repaired or replaced solely in accordance with the manufacturer’s warranty terms, provided that:

• the Product has been used under normal operating conditions;
• no unauthorised repair, modification or alteration has been made.

The Seller may charge the Buyer for Services performed where the defect is not covered by the manufacturer’s warranty.

5.7 Exclusion of warranties

To the fullest extent permitted by law, the Seller excludes all other warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, description or arising from prior dealings or trade usage.

5.8 Suitability

The Seller does not warrant that the Products are suitable for any specific purpose.
The Buyer is solely responsible for determining suitability prior to installation or use.

5.9 Use at Buyer’s risk

All Products are used entirely at the Buyer’s own risk.
Neither the Seller nor its employees shall be liable for any loss or damage arising from the use of the Products.

5.10 Exclusion of indirect losses

The Seller shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profit, loss of business, loss of data or downtime.

5.11 No oral warranties

Except for manufacturer warranties or expressly agreed written warranties, the Seller makes no representations or warranties, oral or otherwise.

5.12 Warranty invalidation

Any warranty shall be void if:

a) the Buyer is in default of payment;
b) the Products have been misused, mishandled or exposed to abnormal conditions;
c) the Seller has not been given an opportunity to inspect the alleged defect within ten (14) working days of discovery.

5.13 Manufacturer liability cap

The Seller’s liability in respect of the Products shall in all cases be limited to the extent of the manufacturer’s liability.

The Seller shall have no independent liability beyond that of the manufacturer, regardless of whether the manufacturer ceases operations or enters liquidation.

5.14 Overall liability cap

To the maximum extent permitted by law, the Seller’s total aggregate liability, whether in contract, tort (including negligence) or otherwise, arising out of or in connection with any Agreement, shall not exceed the invoiced price of the Products giving rise to the claim.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by negligence, or any liability that cannot be excluded under applicable law.

6. PRICE AND PAYMENT

6.1 Indicative pricing

Any prices stated in catalogues, price lists, quotations, advertisements or other materials are indicative only and subject to change at any time at the Seller’s sole discretion, unless expressly agreed otherwise in writing and incorporated into an Agreement.

6.2 Invoicing

Invoices shall be issued by the Seller upon delivery of the Products and/or completion of the Services, unless otherwise agreed in writing.

The Buyer shall notify the Seller in writing of any discrepancy in an invoice within seven (7) working days from receipt.
Failing such notification, the invoice shall be deemed accepted.

6.3 Currency

Invoices shall normally be denominated in EUR, USD or BGN (LEV).

Where an invoice is issued in any other currency, the Buyer shall make payment in that currency without set-off or deduction.

6.4 Taxes and duties

All prices are exclusive of:

• Value Added Tax (VAT);
• customs duties;
• import/export charges;
• government levies or similar charges,

unless expressly agreed otherwise in writing.

VAT shall be added where applicable in accordance with Bulgarian and EU law, and a valid tax invoice shall be issued where required.

The Buyer shall be solely responsible for all taxes, duties or charges applicable in the Buyer’s jurisdiction and shall indemnify the Seller against any related loss, liability or penalties.

6.5 Payment method

The Seller reserves the right, at its sole discretion, to determine the payment method, payment sequence and payment terms, including advance payment, partial payment or payment against proforma invoice.

6.6 Payment term

Unless expressly agreed otherwise in writing, all invoices shall be paid in full, without deduction or withholding, within thirty (30) calendar days from the invoice date.

6.7 Banking charges

All costs related to payment transfers, including but not limited to bank fees, wire transfer charges, letters of credit, confirmation or intermediary bank fees, shall be borne exclusively by the Buyer, unless otherwise agreed in writing.

6.8 No set-off

The Buyer shall not be entitled to withhold payment, apply set-off or claim any deduction unless expressly agreed in writing by the Seller.

Any right of set-off or counterclaim is hereby expressly excluded.

6.9 Late payment and interest

If the Buyer fails to make payment when due, the Seller shall be entitled, without prior notice, to charge interest on the overdue amount at the rate of 1.5% per month, calculated daily, from the due date until full payment is received.

This shall be without prejudice to the Seller’s right to suspend deliveries, terminate the Agreement or claim additional damages and recovery costs.

7. TERMINATION

7.1 Termination for breach

If the Buyer fails to perform any of its obligations under the Agreement, the Seller shall be entitled, at its sole discretion, to:

• suspend delivery of the Products and/or provision of the Services; or
• terminate the Agreement in whole or in part,

by giving written notice to the Buyer, and to demand immediate payment of all outstanding amounts.

In such circumstances, the Buyer shall not be entitled to any compensation for any loss, damage or expense incurred.

7.2 Seller’s termination rights

Without prejudice to any other rights or remedies available under the Agreement or applicable law, the Seller may terminate any Agreement, wholly or in part, or suspend further deliveries and/or Services, if any of the following events occurs:

a) any invoice issued by the Seller becomes due and payable and remains unpaid;

b) the Buyer fails to provide any payment security, letter of credit, bank guarantee or other assurance required under the Agreement (in which case termination or suspension shall apply only to the affected Agreement);

c) the Buyer fails or refuses to take delivery of the Products in accordance with the Agreement;

d) the Buyer becomes insolvent, suspends payment of its debts, enters into liquidation (voluntary or compulsory), bankruptcy, administration, receivership, restructuring or any similar proceedings, or makes any arrangement or composition with its creditors, or if any analogous event occurs under applicable law.

7.3 Suspension and resumption

The Seller may exercise its right of suspension or termination at any time while the relevant default or event continues and has not been remedied.

As a condition for resuming deliveries or Services following suspension, the Seller shall be entitled to require:

• advance payment in full; and/or
• additional security or guarantees,

as the Seller may reasonably require.

7.4 Effect of termination

Termination of the Agreement for any reason shall be without prejudice to:

• any rights or remedies accrued prior to termination;
• the Seller’s right to recover outstanding payments, interest, damages and costs;
• any provisions which by their nature are intended to survive termination.

15.1 Scope

These Terms of Sale (“Terms of Sale”) apply to the purchase of Products by consumers (“you”, “your”) through the website
https://senymaritime.com/purchase/ and any related mobile or web applications (collectively, the “Site”).

The Site is owned and operated by Seny Maritime LLC, registered in Bulgaria (“Seller”, “we”, “us”, “our”).

15.2 Acceptance of Terms

By placing an order on the Site, you confirm that you have read, understood and agreed to be bound by these Terms of Sale with immediate effect.

16. ORDERING AND ORDER ACCEPTANCE

16.1 Product supplier

Each Product offered on the Site is sold either directly by us or by a local or international supplier clearly identified on the relevant product page.

16.2 Order submission

When you place an order on the Site, this constitutes an offer to purchase the selected Products.

16.3 Order acceptance

Your order shall be deemed accepted only when we send you a written order confirmation (including by email or electronic message).

If we are unable to accept your order, we will notify you and any payment already made will be refunded in full.

17. PAYMENTS

17.1 Authorisation of payment

By placing an order, you authorise us and/or our third-party payment service providers to process payment using the selected payment method for the total order amount.

17.2 Accepted payment methods

We currently accept payment by:

a) credit or debit card;
b) cash on delivery (up to EUR 1,000, where legally permitted);
c) cash on collection from our offices in Nessebar or Burgas, where offered.

Available payment methods may vary depending on location and order value.

17.3 Payment processors

To process card payments, we may use third-party payment processors.
By placing an order, you authorise us to share the necessary information with such processors and to accept their applicable terms and conditions on your behalf.

We shall not be liable for any loss or damage arising solely from the acts or omissions of third-party payment processors.

17.4 Changes to payment methods

We reserve the right to add, remove or modify accepted payment methods at any time without prior notice.

18. CANCELLATION OF ORDERS

18.1 Cancellation before dispatch

You may cancel your order at any time prior to dispatch of the Products, without providing a reason.

If payment has already been made, a full refund will be issued using the original payment method.

18.2 Cancellation by the Seller

We reserve the right to cancel an order, in whole or in part, if:

a) payment is not successfully completed or authorised;
b) you fail to provide required information necessary to process or deliver the order;
c) delivery or collection is not possible due to your actions or omissions;
d) we reasonably suspect fraudulent activity or misuse of the Site;
e) bulk or multiple purchases are attempted contrary to Clause 18.3.

18.3 Bulk or multiple purchases

The Site is intended for consumer use only.
We reserve the right to refuse or cancel orders where bulk purchasing or repeated ordering of similar Products suggests commercial or resale activity.

19. DELIVERY OF YOUR ORDER

19.1 Delivery area and methods

Delivery of Products ordered through our e-commerce Site is available within Bulgaria and the European Union only.

We may deliver Products using:

• our own distribution network (including deliveries to marinas, ports and shipyards); and/or

• third-party courier and logistics service providers.

The selected delivery method depends on your delivery location, Product size and quantity, availability and estimated delivery time.

19.2 Delivery costs

Delivery costs are not included in the Product price and will be clearly indicated during checkout before you complete your order.

19.3 Order processing time

19.3.1 Orders placed on working days (Monday to Friday)

Order processing typically takes 8 to 24 hours, depending on the time the order is placed, Product type, quantity and packaging requirements.

19.3.2 Orders placed on weekends and public holidays

Orders placed on Saturdays, Sundays or public holidays are processed within 24 to 48 hours.

19.4 Estimated delivery times (after dispatch)

Estimated delivery times after order processing are as follows:

• Burgas, Nessebar: within 24 hours

• Other locations in Bulgaria: 48 to 96 hours

• Other EU countries: delivery times vary depending on destination and courier service and will be communicated at checkout or in the order confirmation

Delivery times are estimates only and not guaranteed.

19.5 Collection from our offices

Where offered, you may choose to collect your order from our offices.

19.5.1 Same-day collection (working days)

Orders placed before 14:00 (Bulgarian time) on working days may be collected the same day between 09:00 and 17:30.

19.5.2 Next working day collection

Orders placed after 14:00 on working days may be collected on the next working day between 09:00 and 17:30.

19.5.3 Saturday collection

Orders placed on Friday before 14:00 may be collected on Saturday between 09:00 and 12:00, where available.

19.6 Delivery delays

If delivery is delayed due to circumstances beyond our reasonable control, we will inform you as soon as possible and take reasonable steps to minimise the delay.

If delivery cannot be completed because:

• no one is available at the delivery address; or

• delivery is refused; or

• you fail to rearrange delivery or collect the Products,

we will contact you for further instructions.
If delivery or collection cannot be completed despite reasonable efforts, we reserve the right to cancel the order and refund the purchase price.

19.7 Identity verification upon delivery

We reserve the right, where reasonably necessary, to request proof of identity and/or payment verification before completing delivery or collection.

If verification cannot be completed, we may refuse delivery and cancel the order, issuing a refund where applicable.

19.8 Overseas deliveries and customs

If a Product is shipped from outside your country of residence, you may be considered the importer of record.

In such cases, you are responsible for:

• compliance with applicable import laws and regulations; and

• payment of any customs duties, taxes or fees, unless otherwise stated at checkout.

19.9 Transfer of ownership and risk

Ownership of the Products passes to you upon delivery to the specified delivery address and receipt of full payment.

Risk of loss or damage passes to you at the time of delivery.

19.10 Invoice

An electronic invoice will be issued for your purchase and sent to the email address provided during checkout.

20. RETURNS & RIGHT OF WITHDRAWAL

20.1 Right of withdrawal (cooling-off period)

If you are a consumer, you have the right to withdraw from your purchase without giving any reason within fourteen (14) days from the day on which you (or a third party indicated by you) receive the Products.

To exercise your right of withdrawal, you must inform us of your decision by a clear written statement (e.g. by email).

Contact details for withdrawal requests: info@senymaritime.com

Digital services / airtime activation.
Where an order includes immediate activation of airtime, subscriptions or other digital services, you expressly request performance to begin during the withdrawal period and acknowledge that your statutory right of withdrawal may be limited or lost in accordance with applicable consumer law once performance has begun.

20.2 Conditions for return

Returned Products must:

• be unused and not installed;

• be in the same condition as received;

• be returned in the original, unbroken packaging, including all accessories, manuals and labels.

You are responsible for any diminished value of the Products resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

20.3 Non-returnable products

The right of withdrawal does not apply to the following Products, in accordance with applicable EU consumer law:

a) Products that have been used, installed, damaged or altered after delivery;
b) Consumable Products that have been used or installed;
c) Products with missing, altered or tampered serial numbers;
d) Custom-configured or made-to-order Products and systems;
e) Sealed goods which are not suitable for return due to health protection or hygiene reasons, if unsealed after delivery;
f) Digital content or digital services (including digital publications, digital keys, activation codes or online access) once performance has begun with your prior express consent.

20.4 Faulty, damaged or incorrect Products

If you receive:

• a faulty Product;

• a damaged Product; or

• a Product that does not correspond to your order or the description on our Site,

you must notify us without undue delay after delivery.

In such cases, we will:

• refund the full Product price; and

• refund the original delivery costs; and

• bear the cost of return shipping.

20.5 Return shipping costs

• If you withdraw from the contract for reasons other than fault or error on our part, you shall bear the direct cost of returning the Products.

• No restocking or handling fees will be charged for lawful withdrawals.

20.6 Refunds

20.6.1 Refund amount

Upon a valid withdrawal or accepted return, we will refund:

• the price paid for the Products; and
• the standard delivery costs (if applicable),
• except where:
• the Products are returned due to a change of mind, in which case original delivery costs are non-refundable.

20.6.2 Refund method

Refunds will be made using the same payment method used for the original transaction, unless expressly agreed otherwise.

20.6.3 Refund timing

Refunds will be processed:

• within fourteen (14) days from the day we receive the returned Products; or

• earlier, if you provide evidence that the Products have been sent back.

Refund processing times may vary depending on your payment provider or bank. We are not responsible for delays once the refund has been initiated.

20.7 Products not yet delivered

If you cancel an order before dispatch, you will receive a full refund without any deductions.

21. WARRANTY

21.1 Warranty Claims
If you believe that a Product or Service is defective or does not conform to the description, you may submit a warranty claim by:

• emailing us at info@senymaritime.com;

• using the contact form available on the Site; or

• contacting our office by phone.

Warranty claims shall be handled in accordance with applicable consumer protection laws and the manufacturer’s warranty terms, where applicable.

22. WARRANTIES, REPRESENTATIONS & UNDERTAKINGS

22.1 Your representations
By placing an order on the Site, you represent and warrant that:

a) you will comply with all applicable laws and regulations;
b) you have the legal capacity to enter into these Terms of Sale and to make payment;
c) where you purchase on behalf of a business entity, you are authorised to bind such entity.

22.2 Consumer disclaimer (lawful scope)
Except as required by mandatory consumer protection laws, Products and Services are provided “as is” and “as available”.

To the maximum extent permitted by law, we disclaim all warranties, representations or conditions not expressly stated, including implied warranties of merchantability, fitness for a particular purpose or compatibility.

Nothing in these Terms excludes or limits your statutory consumer rights under applicable EU or Bulgarian law.

22.3 Exclusive remedy
Subject to mandatory law, the remedies described in this section constitute your exclusive remedies under these Terms of Sale.

23. LIABILITY

23.1 Non-excludable liability
Nothing in these Terms of Sale limits or excludes liability for:

a) fraud or fraudulent misrepresentation;
b) death or personal injury caused by negligence;
c) any liability which cannot be excluded under applicable law.

23.2 Limitation of liability
Subject to clause 23.1, we shall not be liable for:

• loss of profits, revenue or business opportunities;
• loss of data or information;
• business interruption;
• indirect, incidental, special or consequential damages.

23.3 Specific exclusions
To the extent permitted by law, we are not liable for losses arising from:

a) delays or non-delivery caused by your failure to provide required information or payment;
b) unauthorised repairs or modifications of Products;
c) loss of stored data during repair or replacement;
d) reliance on product descriptions or information beyond statutory obligations;
e) your inability to use a Product;
f) Site interruptions or technical issues;
g) malware or third-party software issues;
h) damage to third-party hardware;
i) inability to conduct business due to delivery issues.

23.4 Liability cap
Where liability cannot be excluded, our total liability shall be limited to the price paid for the Product, including original delivery costs.

23.5 Indemnity
You agree to indemnify and hold us harmless from claims, damages and costs arising from:

a) misuse of the Site or Products;
b) breach of these Terms;
c) violation of applicable laws.

25.1 Governing law and jurisdiction

These Terms & Conditions, their validity, interpretation, performance and any disputes or claims arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Bulgaria, as applicable within the framework of European Union law.

The competent courts of the Republic of Bulgaria shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms & Conditions.

In the event that a dispute arises due to the Buyer’s default in payment, the Buyer shall bear all reasonable costs incurred by the Seller for recovery, including legal fees and court costs, to the extent permitted by applicable law.

25.2 Compliance with export laws

The Buyer shall not use, export or re-export any Products or Services supplied by the Seller in violation of any applicable laws or regulations of Bulgaria, the European Union or any other relevant jurisdiction.

The Buyer shall at all times comply with all applicable laws and regulations relating to the import, export, re-export and use of the Products and Services.

25.3 Entire agreement

The Agreement constitutes the entire, complete and exclusive understanding between the Parties with respect to its subject matter and supersedes all prior or contemporaneous communications, negotiations or understandings, whether oral or written.

No course of dealing, usage of trade or other practice shall be applicable unless expressly incorporated into the Agreement in writing.

25.4 Sanctions, export controls & end-use compliance (B2B focus). Without prejudice to Section 8 (Sanctions, Export Controls & No Resale)

The Buyer represents, warrants and undertakes that it shall (and shall ensure that its directors, officers, employees, agents and affiliates shall):

a) fully comply with all applicable Sanctions and Export Controls;

b) not sell, transfer, export, re-export or otherwise make available the Products or Services to any individual, entity or jurisdiction subject to applicable sanctions, embargoes or trade restrictions;

c) not cause the Products or Services to be sold to, transferred to, or used in any country or by any person subject to international sanctions or embargoes, including but not limited to countries subject to EU, UN, UK or US sanctions regimes;

d) determine all applicable export, re-export and import licensing or permitting requirements and obtain all required licences, permits or authorisations at its own cost;

e) provide the Seller, upon request, with any documentation or information relating to end-use, end-user or compliance within five (5) business days;

f) maintain accurate records relating to the Products and Services, including export and transfer documentation, for a minimum period of five (5) years, unless a longer period is required by law.

The Seller shall bear no liability whatsoever for any non-compliance by the Buyer with Sanctions and Export Controls.

25.5 Amendments

These Terms may be updated by the Seller from time to time. Any update applies only to Agreements concluded after the effective date of the update, unless the Parties expressly agree otherwise in writing. No oral amendment is valid.

25.6 Precedence

These Terms & Conditions shall apply to and prevail over any conflicting or additional terms contained in any purchase order, confirmation or other document issued by the Buyer, unless expressly agreed otherwise in writing by the Seller.

25.7 Severability

If any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect.

25.8 Interpretation of trade terms

Unless expressly stated otherwise, all trade and commercial terms used in these Terms & Conditions shall be interpreted in accordance with:

• applicable Bulgarian law; and

• where relevant, Incoterms® 2020 issued by the International Chamber of Commerce.

This Agreement is made between Seny Maritime LLC (Сени Маритайм ЕООД), a company duly incorporated under the laws of the Republic of Bulgaria, UIC/EIK: ________, registered office: ________, Bulgaria ("Seny Maritime"), and the customer identified in the relevant Service Order ("Customer", "End-User" or "you") and is subject to the terms and conditions set forth below (Terms).  

These Terms, those terms incorporated by reference, and the details you agree to in your Service Order when you apply for services and equipment (Order), form the entire agreement between you and Seny Maritime (Agreement).  
1. SCOPE.  
1.1. Scope of Supply. Seny Maritime agrees to provide you, and you accept the Starlink services and/or equipment for the duration of the Agreement Term as defined in the Order.  Subject to the prohibitions in Section 1.2, you may access services and equipment as an end user (End-User) so long as such use is within the scope of conditions described in the Order (Permitted Use).  For clarity, you are an end user and not a reseller of Starlink services.
1.2. Prohibitions. You are strictly prohibited from reselling Starlink services and/or equipment.  
1.3. No Exclusivity. The parties agree that the arrangements provided for in this Agreement are on a non-exclusive basis and each party will be entitled to provide or obtain from other persons the same or similar services or enter into the same or similar arrangement as contemplated by this Agreement.  
2. PURCHASE OF STARLINK KITS AND SERVICES.  
2.1. Services and Equipment. Seny Maritime will provide two-way satellite-based internet service (Services) and equipment (Starlink Kit or Kit) to you solely for the Permitted Use and exclusively within the territory (Eligible Service Territory) agreed to by the parties in your Order or as otherwise approved by Seny.  
2.2. Service Activation. Services may not be available in all locations and are contingent upon network availability and Starlink’s approval. Seny Maritime will do a Service availability check and then assign one of the Eligible Service Plans described in the Order to each Starlink Kit through the Reseller Management Tool (Activation). Thereafter, Service will be promptly available to that Kit.  
2.3. Title to Starlink Kits. Seny Maritime transfers title to the Starlink Kit and any optional accessories to the End-User at the time of delivery.  
2.4. Agreement Duration. There is no minimum contract term to obtain Services, unless agreed to by the parties in the Order. You may cancel the Agreement and Services at any time according to Section 7.2. Seny Maritime may terminate the Agreement according to Section 13.1.  
2.5. Software Updates and License Terms. Software copies and updates installed on the Starlink Kit are not sold, only licensed to you (on a non-exclusive, non-transferable, limited and revocable basis), for use as installed on the Starlink Kit and subject to the Software License and Usage Terms (https://www.starlink.com/legal/documents/DOC-1003-77580-67?regionCode=US). Starlink reserves all intellectual property rights and other rights and interests in the Starlink Kit, the Services, and the software, and grants no license, except as expressly granted in this Agreement. 
2.6. Payments and Subscription Fees. Unless otherwise stated in the Order, you agree to pay for (a) the one-time, immediate purchase price for the Starlink Kits and any accessories, including shipping & handling and applicable taxes, for the quantities provided per delivery, as described in the Order; (b) monthly recurring charges, including applicable taxes, for the Services selected in your Order; and (c) additional fees for Add-On Services such as (but not limited to) additional Priority Access but only if you have opted-in to these optional Services.  
Unless otherwise stated in the Order (i) Starlink Kits will not be shipped until the equipment payment is received; and (ii) Seny Maritime will start billing for Services on the first day of the month following each Starlink Kit Activation. Recurring Service fees will be billed each month thereafter for all activated Starlink Kits, with payment due prior to each month of Service. Alternatively, the End-User can pay for Services upfront in bulk and Seny will apply Service credits to your account, as agreed to by the parties and described in the Order. All additional payment terms are defined in the Order. 
2.7. Shipping and Handling. Shipping and handling charges will apply and are non-refundable. Delivery location to the End-User will be determined by the parties in the Order. The shipping and handling charges are calculated when the Order is submitted. Seny Maritime will use the carrier of its choice.  
2.8. Taxes, Fees, Surcharges. In addition to the Starlink Kit purchase price and recurring charges for Services, we may collect or request reimbursement for taxes and other fees and surcharges required by law, including, without limitation, value added, consumption, sales, use, gross receipts, excise, access, and bypass for which we do not collect and remit on your behalf. You are also responsible for any additional government fees, rights of way fees or charges, license or permit fees, and any other duties, fees, charges or surcharges imposed on, incident to, or based upon the provision, sale, or use of the Services or Starlink Kit.  
2.9. Payment Disputes & Suspended Services. In the event of a billing dispute, you must timely pay all undisputed amounts. If the payment dispute is resolved against you, or if you simply fail to pay for Services on time, you must pay the amounts due or the Services will be suspended until the overdue amounts are paid in addition to a one (1) percent late interest fee, per month, on the total amount due. 
3. PRICING, END-USER TERMS, SUPPORT AND INSTALLATION.  
3.1. Pricing Invoice & Proposal Requirement. Seny Maritime will break out as an itemized line item the exact Service fee and corresponding Service Plan that Seny Maritime is paying to procure Services (Proposal & Invoice Requirement) on both (a) proposals to End-User(s); and (b) an End-User’s invoice, in addition to any other itemized (e.g., value added service) fees included. This Proposal & Invoice Requirement will list “Starlink Services” next to the fee.  
3.2. Service Terms. Per the Reseller Agreement with Starlink, Seny Maritime is responsible for contracting, delivering Kits, installation, invoicing, collecting payments, taxes and providing technical and customer support to its End Users. Seny agreed to incorporate into any agreement with End-Users the relevant terms and compliance obligations included in (a) the Starlink Policies (https://www.starlink.com/legal) described in Section 9 and applicable to the resale territory; and (b) the exclusions, limitations and disclaimers on the Services and Kits described in Section 8. 
3.3. Support for End-Users.  
3.3.1. End-User Customer Support. You understand and agree that Seny Maritime is solely responsible for providing support to the End-User; Starlink will not directly provide customer support to Seny Maritime's End-Users. Customer support includes, but is not limited to, supporting all End-User issues concerning billing, collections, service plans, installation, performance, data usage, technical troubleshooting, and any other related issues.  Customer support is available on support@senymaritime.com.
3.3.2. Trained Personnel. Seny Maritime will maintain sufficient personnel who are adequately trained to support End-Users’ issues involving the Services. Seny Maritime will facilitate direct Starlink communication with End-Users, if requested by Starlink.  
3.3.3. Network Management Policies. Seny Maritime may adopt reasonable network management policies to support End-Users’ use of Services, for example, in cases of shared network use for community Wi-Fi products.  
3.4. Kit Installation. Seny Maritime and/or the End-Users are responsible for installation of the Starlink Kit in a location that has a clear field of view per the Install Guide. Do not install under a radome; doing so may adversely affect terminal performance. You should maintain a minimum separation distance of 4m (14 ft.) between Starlink and other co-located antennas. Seny Maritime and/or the End-Users are also responsible for installing the Starlink Kit securely so that equipment will not become dislodged due to weather or other external factors. It is the End-Users responsibility to ensure compliance with all applicable building codes, zoning, ordinances, business district rules, conditions, restrictions, lease obligations and landlord/owner approvals and requirements that are applicable to the Services and the installation of the Starlink Kit. The End-Users are responsible for paying any associated fees or other charges, and to obtain any permits and other authorizations necessary for the Services and the installation of the Starlink Kit. Should use of the Services require any construction or alteration to property, Seny Maritime is not obliged to reimburse any expenses or restore property to the same physical state as prior to delivery of Services. If you require a permanent roof mount installation, you acknowledge the potential risks associated with this type of installation, including, without limitation, with respect to any warranty that applies to penetration of your vehicle/vessel roof, building roof or roof membrane.  
3.5. Kit Modifications During Integration or Installation. Modifications or alternations (including changes that are cosmetics in nature) to the Starlink Kit are subject to Limited Warranty Exclusions (Section 8.2) and may affect Service performance. You shall not modify any Starlink Kit in a manner that contradicts the Install Guide or would otherwise alter the transmission characteristics of the equipment, including installation under a radome without Seny Maritime approval. To maintain the Limited Warranty, all modifications made to the Starlink Kit must be approved by Starlink in writing and may be subject to additional evaluation fees in order to assess operability. At Starlink’s sole discretion, if Starlink determines that your installation or modification of a Starlink Kit has resulted in a material degradation of the Service or equipment, the equipment warranty may be voided.  
3.6. Kit Installation for Use on Moving Vehicles. You agree to take proper precautions if installing a Starlink Kit to be used on a moving vehicle or vessel. You are responsible for ensuring that the antenna mount is installed on a structurally sound, horizontal surface. You acknowledge that equipment falling into the road or off a vessel due to poor installation practices can cause serious accidents resulting in bodily injury. You shall not mount a Starlink Kit on any vehicle or vessel if it is not stable, or if it cannot be properly secured as described in the Install Guide and used with the proper mount.  
3.7. IN-MOTION USE PROHIBITED FOR UNDESIGNATED KITS AND COUNTRIES. YOU ARE PROHIBITED FROM INSTALLING OR USING A KIT ON A MOVING VEHICLE OR VESSEL UNLESS STARLINK HAS DESIGNATED YOUR SPECIFIC KIT MODEL AND/OR MOUNT FOR IN-MOTION USE AND HAS OBTAINED ALL REQUIRED IN-MOTION APPROVALS IN THE COUNTRY OF USE. SERVICES IN-MOTION ON A VEHICLE OR VESSEL (E.G., CARS, VANS, RVS, BOATS) VIA AN UNAUTHORIZED KIT OR COUNTRY IS PROHIBITED, WILL VOID THE LIMITED WARRANTY OF YOUR KIT, AND MAY BE GROUNDS FOR TERMINATION OF YOUR AGREEMENT WITH Seny Maritime PER SECTION 13 OF THESE TERMS. Please visit https://www.starlink.com/specifications for a description of the Starlink Kit models designated for in-motion use.  
4. Fair Use Policy and Data Allocation Per Service Plan.  
4.1. Fair Use Policy. Starlink Fair Use Policy (https://www.starlink.com/legal/documents/DOC-1134-82708-70) describes how it manages the network traffic and allocate customer data based on your Service Plan.  
4.2. Business and Mobility Service Plans. Business and certain Mobility Service Plans are allocated a certain amount data for Priority Access. Priority Access data under Business and certain Mobility Service Plans are given network priority over all other data on the Starlink network, including Residential Priority Access. See Starlink Specifications (https://www.starlink.com/legal) for details on Starlink expected performance per Service Plan. After Priority Access data is exhausted each month based on your data limits set per Service Plan, Starlink will throttle your upload and download speeds for Business and Mobility Service Plans unless additional Priority Access is purchased. See Priority Access data limits and throttled speeds in Starlink Fair Use Policy (https://www.starlink.com/legal/documents/DOC-1134-82708-70) for more details. Business and Mobility customers who have exhausted their Priority Access and not purchased additional data will experience slower speeds and reduced performance compared to Priority Access. Throttled services will result in degradation or unavailability of certain services or applications, such as streaming video, gaming, or other bandwidth intensive applications.  
4.3. Tracking Data Use & Purchasing More Priority Access. We can track your monthly data usage and purchase additional Priority Access at any time via the Starlink App and on the Starlink Customer Portal by opting into to being automatically charged for more Priority Access if you hit your data limit. Data usage per month may also be displayed on your monthly invoice. Once you opt-in, you will be automatically billed for additional data used until you opt-out, including in following billing cycles. You may opt-out of purchasing additional Priority Access. Additional details on Priority Access fees and billing can found in the Starlink FAQs (https://support.starlink.com/) and Starlink Fair Use Policy  (https://www.starlink.com/legal/documents/DOC-1134-82708-70).  
4.4. Add-On Services. Certain Service Plans allow customers to select Add-On Services for additional fees per GB. For example, adding Transcontinental Data to your Service Plan, allows a user to access Starlink Services outside the continent of their Service address for additional fees. The Fair Use Policy (https://www.starlink.com/legal/documents/DOC-1134-82708-70) assigned to a user’s primary Service Plan, including Priority Access data limits, will also apply when using these Add-On Services. 
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6. TRADEMARK USE, LICENSE AND OWNERSHIP. 
6.1. License. You acknowledge and agree that the name “Starlink” as well as all related marks, logos, and designs are service marks, trademarks, and trade names of Starlink (the Trademarks). Starlink granted Seny Maritime a nonexclusive, nontransferable, royalty-free, limited use license during the term of the Reseller Agreement, to use the trademarked name “Starlink”, the specific logo (the Logo), and the photos (Photos) (the Trademark License), which are subject to change by Starlink from time-to-time. Seny Maritime is under contractual obligation to use the Logo and Photos solely in connection with promoting Starlink and its Products under the Reseller Agreement in the manner described. The term of the Trademark License shall expire upon the termination of the Agreement. 
6.2. Rights. Starlink retains all right, ownership, and interest in the Trademarks, the Logo, the Photos, the Products and its website, and all associated goodwill, and in any other copyright, trademark, or other intellectual property provided under the Reseller Agreement. All goodwill arising from use of the Trademarks, Logo and Photos by Seny Maritime or you will inure to the sole benefit of Starlink. Nothing in the Reseller Agreement or this Agreement shall be construed to grant Seny Maritime or you any rights, ownership, or interest in the Trademarks, the Logo, the Photos, the Products or the Starlink website, or in the underlying intellectual property, other than the rights to granted under the Trademark License described in Section 7.1. 
6.3. Limitations & Rules. 
6.3.1. End-User(s) are not authorized to use Trademarks and Seny Maritime may not transfer or assign its Trademark License.  
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6.3.3. In order to avoid any risk of confusion, the “SpaceX” name, logo, or other trademarks (such as Falcon, Dragon, and Starship), as well as any association whatsoever with SpaceX’s Chief Executive Officer, is excluded from the Trademark License and prohibited from being used. 
7. CHANGES AND CANCELLATION TO SERVICES.  
7.1. Changes. Starlink may change or discontinue Services plans, prices, Kit versions, the Reseller Agreement, and Starlink Specifications (https://www.starlink.com/legal/documents/DOC-1002-69942-69) from time-to-time. Subject to your options under Section 7.2 (Service and Agreement Cancellation) by continuing to use the Services after the notice period you agree to any changes.  
7.2. Service and Agreement Cancellation. Subject to terms, conditions and commitments described in your Service Order, you can stop the recurring monthly payment and cancel Services, and this Agreement, at any time. You are not entitled to any refunds except those described in Section 13.2 of this Agreement. 
8. LIMITED WARRANTY, DISCLAIMERS, REMEDIES AND LIABILITIES.  
8.1. Limited Warranty. The Starlink Kit and Services are novel, under development, and subject to change. Starlink will use reasonable efforts to facilitate that the Starlink Kit, at the time of delivery, and the Services, as performed, substantially meet performance goals set forth in the Starlink Specifications (https://www.starlink.com/legal/documents/DOC-1002-69942-69). Starlink performance goals will be amended by Starlink from time-to-time based on experience and innovation. Starlink is providing this Limited Warranty solely to Seny Maritime. Therefore, this Limited Warranty may not be available to the End-Users.  
8.2. Exclusions and Force Majeure. Seny Maritime is not responsible for damage to the Starlink Kit after delivery, or for Service malfunctions resulting from: (a) manual re-pointing of the antenna; (b) repair, modification, or disassembly of Starlink Kit by anyone other than Starlink or its authorized agent; (c) failure to follow instructions, including by obstructing the Starlink Kit’s field of view; (d) fire, flood, wind, lightning, earthquake, weather, or other acts of nature or God; (e) spills of food or liquids on Starlink Kit; (f) planned or emergency maintenance on the network; (f) problems with your electrical power or network equipment; (g) misuse, abuse, accident, vandalism, alteration, or neglect; (h) normal wear and tear or deterioration, or superficial defects, dents, or marks that do not impact performance of the Starlink Kit; (i) use in combination with devices or software not provided or approved by Starlink; (j) inability to obtain or maintain necessary permissions, authorizations, or permits; or (k) events not reasonably within Seny Maritime control.  
8.3. Limited Remedies. If the Starlink Kit fails to meet the limited warranty standard set forth in Section 8.1 (Limited Warranty) Seny Maritime is entitled to send a detailed, written warranty claim to Starlink within either (a) twenty-four (24) months from the date of the original purchase by Seny Maritime, or (b) twelve (12) months from initial Activation of the Kit, whichever is later (noting that ALL warranties in this Section expire within thirty-six (36) months of Kit purchase by Seny Maritime) and Starlink will cure the discrepancy within thirty (30) days of receiving the claim. This includes at Starlink’s choice, by replacing or repairing the Starlink Kit with a new, different or refurbished device or part. This replaced device will be covered by the limited warranty for the greater of three (3) months or the remainder of the original warranty period. The remedies set forth in this Section 8.3 (Limited Remedies) are the sole and exclusive remedies for breaches of warranty, service deficiencies, unavailability and other breaches.  
8.4. DISCLAIMERS. EXCEPT AS SET FORTH IN SECTION 8.1 (LIMITED WARRANTY), Seny Maritime PROVIDES THE STARLINK KIT AND SERVICES “AS IS,” WITHOUT ANY EXPRESS WARRANTY OR REPRESENTATION. Seny Maritime DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  
8.5. LIMITATIONS OF LIABILITY. NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, LOST REVENUE, WORK STOPPAGE, LOSS OR CORRUPTION OF DATA, COMPUTER FAILURE, DATA SECURITY BREACH, MALFUNCTION OR ANY LOSSES ARISING OUT OF OR RELATED TO THE AGREEMENT, STARLINK SERVICES, OR DAMAGES RESULTING FROM THE KIT INSTALLATION, REPAIR, REMOVAL, OR OTHER ASSOCIATED SERVICES. EITHER PARTY’S LIABILITY UNDER THIS AGREEMENT FOR ANY INDIVIDUAL CLAIM OR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO SENY UNDER THIS AGREEMENT OVER THE SIX MONTHS PROCEEDING THE CLAIM GIVING RISE TO THE LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, SERVICES OR STARLINK KIT, INCLUDING ANY EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS INFORMED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND REGARDLESS OF WHETHER CLAIMS ARE ASSERTED BASED ON CONTRACT, STATUTE, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL OR EQUITABLE CLAIM OR THEORY PROVIDED, EXCEPT IF AND TO THE EXTENT THAT ANY LIMITATION VIOLATES APPLICABLE MANDATORY LAW THAT THE PARTIES CANNOT DEROGATE FROM BY WAY OF CONTRACT. 
8.6. ASSUMPTION OF RISK. YOU AGREE THAT YOUR USE OF THE SERVICES AND THE STARLINK KIT, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. SERVICES ARE NOT SUITED OR INTENDED AS A MISSION-CRITICAL OR SAFETY-OF-LIFE SERVICE. 
9. COMPLIANCE.  
9.1. General. The parties must comply with all laws and regulations applicable or related to the performance of obligations under this Agreement. You will comply with and will be responsible for ensuring that you comply with all applicable laws and regulations, including but not limited to those related to telecommunications, privacy, copyright, website blocking, internet use by minors, data protection, rules on lawful intercept and government access to data related to the Services provided under this Agreement.  
9.2. In-Motion Authorization. Use of Starlink Services in-motion may require additional authorizations. Starlink may seek authorizations to use the Service and Kit in-motion within the territorial waters, airspace or on land for certain jurisdictions. You acknowledge and agree that you are solely responsible for (a) understanding and complying with all applicable laws and regulations associated with the use of the Services and Kit in-motion, (b) obtaining any required authorizations, where necessary, and (c) ceasing use of the Services or Kit where necessary based on the Kit’s geographical location.  
9.3. Privacy. The parties agree that Starlink is the “data controller” (business primarily responsible for any personal information collected and processed as defined by any applicable global privacy law or regulation (e.g., GDPR)) for Seny Maritime and its employees, representatives or agents. The parties also agree that Seny Maritime is the “data controller” for any personal information of the End-Users. Starlink’s privacy and data protection practices are in its Starlink Services Privacy Policy (https://www.starlink.com/legal/documents/DOC-1000-41799-67), as amended from time-to-time. Any personal information for which Seny Maritime is the data controller is governed by Seny Maritime privacy policy (https://senymaritime.com/privacy-policy/).  
9.4. Acceptable Use Policy. You agree not to use, or permit others to use, the Services in ways that (a) violate any law or applicable regulation, (b) violate this Agreement, including Acceptable Use Policy (https://www.starlink.com/legal/documents/DOC-1001-59234-61), or other policies available on the Starlink Customer Portal (https://support.starlink.com/), (c) infringe the rights of others, (d) interfere with the users, Services, or Starlink Kit of the Starlink network or other networks, or (e) are outside the Permitted Use described in Section 1.1 of this Agreement. You are responsible for complying with the terms for any third-party services that you subscribe to using Starlink Services. Therefore, you agree to the terms of the Acceptable Use Policy (https://www.starlink.com/legal/documents/DOC-1001-59234-61). In the event of any violation of this Section, Seny Maritime reserves the right to terminate or suspend Services to you.  
9.5. NDAs. Each party will comply with any written confidentiality or non-disclosure agreement signed by the parties on this link (https://senymaritime.com/nda/). The terms of the NDA available on this link are deemed incorporated in this Agreement, whether signed or not. 
9.6. International Trade Laws. You must comply with all applicable International Trade Controls in the context of this Agreement, including applicable export control, economic sanctions, customs/import, anti-money laundering, and anti-corruption laws and regulations. You may not involve any person in the Order that is listed on the Specially Designated Nationals List, Denied Persons List, Entity List, or any other similar applicable government list. You acknowledge that you are only authorized to access Services at the Eligible Service Territor(ies) identified on your Order, and you will not divert the Starlink Kit or Services to any other locations, or to users or for uses that are prohibited under International Trade Controls. You agree to provide Seny Maritime with a signed Trade Compliance Certification (Exhibit A), and will re-certify compliance upon reasonable request. Seny Maritime reserves the right to audit your compliance with such certifications.  
9.7. Modifications to Starlink Products & Export Controls. Starlink Services and Kits are a commercial communication product. Starlink is not designed or intended for offensive or defensive military end-uses. Custom modifications of the Starlink Kits or Services for military end-uses may transform the items into products controlled under U.S. export control laws, specifically the International Traffic in Arms Regulations (ITAR) (22 C.F.R. §§ 120-130) or the Export Administration Regulations (EAR) (15 C.F.R. §§ 730-774) requiring authorizations from the United States government for the export, support or use outside the United States. Starlink aftersales support to Resellers and its End-Users will be limited to its standard commercial service support only. At its sole discretion, Starlink may refuse to provide technical support to modified Starlink products.  
9.8. Security Measures. You acknowledge and agree that Starlink administers and enforces cybersecurity policies and procedures to identify and respond to incidents involving Starlink data, mitigate the effects of any such incidents, document their outcomes, and notify appropriate stakeholders (including authorities and affected data subjects, as appropriate).  
10. REPRESENTATIONS AND WARRANTIES. You represent and warrant that it is a business duly organized, validly existing, having sufficient expertise and capital to execute performance under this Agreement, and is qualified to do business under the laws of, has the necessary authorization to avail Services and equipment, and is in good standing within the Eligible Service Territories.  
11. INDEMNIFICATION. You agree to defend and indemnify Seny Maritime against any third-party claims against Seny Maritime based on your use of Starlink Services. This includes, but is not limited to, if you use Starlink Services in ways that are (a) illegal or violate this Agreement or Starlink’s Acceptable Use Policy (https://www.starlink.com/legal/documents/DOC-1001-59234-61) (for example illegally downloading movies or music without paying for them); or (b) negligent, reckless or intentionally wrongful. You also agree to defend, indemnify and hold harmless Seny Maritime against any third-party claims arising out of or related to the installation, marketing, use, repair, removal, or any other works, carried out with respect to Services and/or the Starlink Kit. 
12. NO UNAUTHORIZED TRANSFERS, ASSIGNMENTS. You may not assign, sell or transfer this Agreement or software installed on the Starlink Kit, without Seny Maritime consent. Unauthorized transfers or assignment will be null and void and grounds for termination. You are liable for any charges or fees incurred by the use of the Services and Starlink Kit by anyone else. Seny Maritime can assign this Agreement, in whole or in part, without notice to you and in our sole discretion, to any entity that controls, is controlled by, or is under common control as Seny Maritime, or any entity that is a successor in a sale, spinoff, acquisition or merger of Seny Maritime, provided that the assignee can lawfully perform the obligations of the assignor. Services may be provided by one or more legally authorized Seny Maritime affiliates. 
13. TERMINATION AND TRANSITION. 
13.1. Termination Rights. End-User termination rights are described in Section 7.2. Under this Section 13.1, Seny Maritime may, at any time, without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Services, this Agreement, for (a) a violation of this Agreement, including Starlink Acceptable Use Policy or the Trademark License; (b) a request and/or order from law enforcement, a judicial body, or other government agency; (c) unexpected technical or security issues or problems, including but not limited to a material malfunction of the Starlink network, software or hardware; (d) a failure to obtain or maintain the necessary governmental authorizations required to deliver Services; (e) your participation in fraudulent, abusive, immoral, or illegal activities, as solely determined by Seny Maritime; (f) your failure to pay any fees owed for Services if you have not cured such non-payment within thirty (30) day period of receiving a request to cure from Seny Maritime; or (g) its convenience, for any reason, after a thirty (30) day notice period. 
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13.3. No Continued Affiliation or Profit Expectations. Seny Maritime will not be liable for compensation, reimbursement or damages based on loss prospective profits on anticipated orders or for other types of expenditures, investments, or commitments in connection with this Agreement.  
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14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Bulgaria.

15. DISPUTE RESOLUTION. The competent courts of the Republic of Bulgaria shall have exclusive jurisdiction.

16. GENERAL PROVISIONS. 
16.1. Relationship Between the Parties. Nothing in this Agreement will be construed as creating a partnership, agency, joint association, or trust, it being agreed that each party will be responsible only for its obligations under this Agreement and neither party will be authorized to represent or bind any other party to any other person. 
16.2. Severability. If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect. 
16.3. Records. You should keep copies of this Agreement and any billing statements or other materials relevant to your purchase of the Starlink Kit and Services for your records. Seny Maritime reserves the right to substitute, change, cancel or add to any part of this Agreement at any time upon notice to you per Section 7.1, and your continued use of the Services constitutes agreement to the updated Terms. 
16.4. Electronic Delivery Policy, Consent and Notices. You consent to receive all agreements, updates, disclosures, policies, notices, and other information (collectively, Notices) provided by Seny Maritime or its affiliates via paper and/or electronic delivery at Seny Maritime sole discretion. Seny Maritime may deliver or display Notices to you by email or pop-up window, or by posting a message on the Services or the Customer Portal. You may receive periodic texts, emails, or other communications from Seny Maritime, such as notices regarding expiration of your account and changes to this Agreements. All legal notices to Seny Maritime must be in writing and delivered to info@senymaritime.com. 
16.5. No Waiver. No waiver by Seny Maritime of any breach of these Terms will be a waiver of any preceding or succeeding breach. No waiver by Seny Maritime of any right under these Terms will be construed as a waiver of any other right. Seny Maritime will not be required to give notice to enforce strict adherence of these Terms. A waiver must be provided in writing by an authorized representative of Seny Maritime to be effective. 
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