Terms of Service

These Terms of Service (the “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “Client”) and The Hot Room SRL as THR (“THR”, "The Hot Room", “Company", “we”, “us”, or “our”), concerning your access to and use of the https://thr.ro/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Bucharest, Romania and have our registered office at Bucharest, District 1, 31 General Gheorghe Magheru Boulevard, floor 5, office 2. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, APPS OR DATA AND YOU MUST DISCONTINUE USE IMMEDIATELY.

By accessing or using the Services or Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with these Terms or any related policies, you must not use the Services.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

The information provided on the Site and/or as part of the Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site and/or Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site or be provided with the Services. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

These Terms are provided in English. If we provide a translation of the English version of these Terms, the English version will prevail in case of conflict.

To use the Services, you may need to register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. By registering, you represent and warrant that you have the legal capacity to enter into this agreement. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and you will refer to that organization.

Account Security: You are responsible for maintaining the confidentiality of your account login credentials (such as username, password, and API keys) and for all activities that occur under your account. You must not share your account credentials with any unauthorized person or allow others to access the Services through your account. If you suspect any unauthorized use of your account or a security breach, you must notify UpRock immediately at the contact information provided below. UpRock is not liable for any loss or damage arising from your failure to secure your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Account Usage: You agree to use only one account per individual or entity, unless expressly permitted by us. You must not register or operate multiple accounts to circumvent usage limits, free-tier restrictions, or other account limitations. UpRock reserves the right to suspend or terminate any account that it suspects is duplicative or in violation of these Terms.

Accurate Information: You agree that all information you provide to UpRock (including registration data, payment information, and monitoring target details) is truthful and accurate. Providing false information or impersonating another person or entity is prohibited.

THR may, at its sole discretion, refuse to open an account or limit your use of the Services, for example if we have concerns about compliance, security, or past misuse. We may also require you to undergo a verification process (such as identity or business verification) before or during use of certain Services, especially for Web Data Extraction, to ensure compliance with laws and these Terms. Failure to cooperate with any required verification is a basis for suspension or termination of your account.

By using the Site/Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site/Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site/Services for any illegal or unauthorized purpose; and (7) your use of the Site/Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site/Services (or any portion thereof).

Our application allows you to register for, purchase, sign up for, book, and otherwise interact with the services of our sports studio. Although we have made a significant effort to provide an accurate and reliable service, We cannot guarantee that every booking will always be honored, that every booking will always work correctly, or that every unlimited class pack will necessarily have any minimum number of usages available. In addition, while we have chosen not to set an explicit limitation on the number of visits which an unlimited plan holder may make, our general expectation is that an unlimited class user will come no more than once per day. Significant usage in excess of this will be grounds to terminate your unlimited usage membership, and no refund shall be owing.

Paid Plans: THR offers its Services on a subscription or usage-based fee model. By signing up for a paid plan or placing an order for Services, you agree to pay the fees indicated for that plan or service. Pricing and available plans are described on our Site. All fees are stated in the applicable currency (unless otherwise specified, prices are in Romanian Lei) and are exclusive of taxes unless stated otherwise.

Depending on the Service, your fees may consist of a recurring subscription (e.g., a fixed monthly or annual fee for a set amount of service usage) and/or usage-based charges (e.g., fees per class attended). We will inform you of any usage-based fees in advance either in the plan description or before you confirm a particular usage that incurs extra cost.

Free Trials and Free Services: THR may offer free trials or limited free-tier Services. Such free offerings are subject to these same Terms. THR reserves the right to limit the duration or functionality of free services and to terminate any free trial at any time. After a free trial period ends, if you do not choose a paid plan, your ability to use the Services may be terminated or downgraded automatically. Free trials are generally limited to one per customer. Abuse of the free trial (such as creating multiple accounts to extend usage) is a violation of these Terms.

By subscribing to a paid Service, you authorize THR (or our authorized payment processor, e.g. Viva Pay) to charge the recurring subscription fee and any applicable one-time or usage fees to the payment method you provide. You must provide a valid payment method (such as a credit card or other supported payment instrument) and promptly update your account if there are any changes (e.g., card expiration or change of billing address).

Our third-party payment processor (e.g., Viva Pay) will handle your payment information securely. By providing your payment details, you agree to the processor’s terms and the transfer of your payment information to them. UpRock itself does not store full credit card numbers; storage and processing of payment details are handled by the payment processor.

If you have elected an automatic renewal subscription, you acknowledge that payments will be charged on a pre-paid basis (e.g., at the start of each billing period) and will continue to be charged until you cancel the subscription. Unless you cancel (as described below) before the end of the current billing period, UpRock will automatically charge your payment method for the next period’s fee.

Additional Fees: From time to time we may offer a one time, or limited engagement "special" event (such as a visiting instructor, special event or otherwise unusual booking). For such special events, we reserve the right to charge a supplementary fee, which will be disclosed to you in advance of your booking. This supplementary fee may be applied even if you already have an "unlimited" membership. By making such a booking, you agree to pay the supplementary fee. If you do not wish to pay the supplementary fee, you should not make the booking.

Late Cancellation Fee: If you cancel a booking less than 24 hours before the scheduled time, or if you fail to attend a booked class without prior cancellation, we reserve the right to charge a late cancellation fee or no-show fee. The amount of this fee will be disclosed at the time of booking. By making a booking, you agree to this policy. If you do not wish to be subject to this fee, you should ensure that you cancel any bookings at least 24 hours in advance.

Billing Cycle: The subscription billing cycle is typically monthly or annually, as selected by you when you subscribe. The first billing payment is due at the time you sign up for a paid plan (or after a free trial ends, if applicable). For monthly plans, billing recurs on the same day each month as your sign-up date; for annual plans, on the anniversary each year. If your billing date would fall on a date that does not exist in a month (e.g., the 31st), we may charge you on the last day of that month instead.

Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it prior to the renewal date. By default, the renewal will be for the same term and at the same pricing (unless we have notified you of a price change as described below). If you wish to cancel auto-renewal, you can do so at any time via your account settings or by contacting us in writing. No further charges will be made after the effective cancellation date, but you will not receive a refund for any remaining days in a billing period that has already been paid, except as provided in our refund policy.

Upgrades and Downgrades: If you upgrade your plan (to a higher tier or add more services) in the middle of a billing cycle, you agree that we may charge your payment method a pro-rated amount for the remainder of the current billing period, or adjust the next billing amount accordingly, as per the plan’s pricing terms. Your new higher service limits take effect shortly after payment is processed. If you downgrade your plan (to a lower tier) or remove optional add-on services, the change will typically take effect at the start of the next billing cycle after the current period ends. (THR, at its discretion, may accommodate an immediate downgrade in some cases, but you will not normally receive a refund or credit for the remaining period of the higher plan if the period is already paid.) Important: If you request a downgrade that would bring your usage over the allowed limits of the new plan (for example, you have already attended more classes than the lower plan provides), we may notify you that you must adjust your usage (e.g., attend no further classes) until the beginning of the next billing cycle.

Changes in Fees: THR may change the fees and pricing for the Services from time to time. We will provide advance notice of any increase in subscription fees or material changes in pricing terms at least 30 days before such changes apply to you (for example, by emailing the address associated with your account or via a notification on the Site). Fee changes will typically go into effect at the start of your next billing cycle after the notice period. If you do not agree to the new fees, you must cancel your subscription before the new fees take effect. Continued use of the Services after the price change constitutes your agreement to pay the revised amount. (Decreases in fees may be applied without notice or retroactively at THR’s discretion, for example if we decide to lower prices or run a promotion.)

All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities. You are responsible for any applicable taxes (e.g., sales tax, VAT, GST, etc.) that may be due in connection with your purchase, other than taxes on THR’s income. If we have the legal obligation to pay or collect taxes for which you are responsible, we will charge you and you agree to pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. We will itemize any taxes charged where legally required.

Timely Payment: You must pay all fees on time to continue accessing the Services. If we do not receive payment by the due date, we will attempt to notify you (e.g., via email). If payment is not remediated within a reasonable grace period, THR reserves the right to suspend your account or access to Services. For subscription plans, if payment is past due by more than a few days, we may automatically attempt to charge your payment method again. If the charge continues to fail, your account may be downgraded or suspended. Any late payments may accrue interest at the rate of 1.5% per month (or the highest rate permitted by law, if lower), starting from the payment due date until the date of actual payment. You agree to pay all such interest and any costs of collection incurred by us (including reasonable attorneys’ fees) to recover amounts you owe.

Suspension for Non-Payment: If any fees are 14 days or more overdue, THR may suspend your account and Service delivery until you pay the outstanding amounts. We will notify you before suspension (generally via email). Even during suspension, you remain liable for accruing charges (if any). THR may at its discretion waive late fees or suspend the accrual of subscription charges during a period of suspension, but is not obligated to do so. If fees remain unpaid for an extended period (30 days or more), THR may terminate your account.

Cancellation: You may cancel your subscription or specific Service at any time by contacting THR support or using any self-service cancellation feature provided in your account dashboard. Cancellation will take effect at the end of the current billing period unless explicitly stated otherwise. This means you will retain access to the Services until the current paid-for period expires. We do not typically prorate or refund unused time in a billing cycle if you cancel early, except as described below or required by law.

Refunds: As a general rule, fees are non-refundable. However, THR will consider refund requests in certain circumstances to ensure fairness:

If you terminate a paid subscription within 10 days of the initial purchase or renewal (for monthly plans) or within 10 days of renewal (for annual plans), and you have not made excessive use of the Service in that time, we may refund the subscription fee for that period upon your request. The 10-day refund window applies only to the most recent payment and cannot be used repeatedly. (For example, if you renew a monthly plan and then seek a refund 8 days later, we can refund that month and cancel your service, but if you stay past 10 days, the month is committed.)

If we terminate the Agreement without cause (not due to your breach) and you have pre-paid for Services that you have not received, we will refund the unused portion of your fees on a pro-rata basis.

If a Service disruption, outage, or failure attributable to THR (and not due to your actions or a general or third-party issue) severely impacted your use of a paid Service, you may be eligible for a credit or refund for the period of downtime, but we exclude from this inaccessibility due to significant weather, protests, riots, government mandated closures, or other events which similarly affect all similar businesses and are not specific to THR.

In cases of billing errors or accidental charges (e.g., you were charged in error or double-charged), we will of course correct the mistake and issue a refund or credit as appropriate.

To request a refund, you should contact THR support at https://thr.ro/contact (or through the support channels listed on the Site) and provide the relevant details of your request. Each refund request will be evaluated on a case-by-case basis. Approved refunds will be issued to the same payment method used for the purchase, unless otherwise agreed.

Chargebacks: If you dispute a charge with your bank or credit card company (chargeback) without first contacting us to resolve, and the chargeback is granted, your account may be immediately suspended. THR reserves the right to contest any unjustified chargebacks and to pursue the fees due to us. We prefer to work with you directly to resolve any billing issues amicably.

All rights, title, and interest in and to the Services, the Site, and all content, software, technology, and proprietary materials therein (including but not limited to all logos, trademarks, brand names, designs, text, graphics, data compilations, algorithms, computer code, and underlying know-how) are and will remain the exclusive property of THR (The Hot Room SRL) and/or its licensors.

THR is a trademark of The Hot Room SRL, registered with OSIM.

Unless otherwise indicated, the Site/Services is/are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, trainings, dialogues, techniques, class syllabi and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Romania, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site/Services, you are granted a limited license to access and use the Site/Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense) any other person and do not promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not relate to child pornography or other material intended to protect the health or well-being of minors.
12. Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site and/or Services, in addition to any other remedies available to us under law or equity.

Third-Party Software and Data: If any third-party software, libraries, or open-source components are included in or used by the Services, they may be subject to separate license terms. We will provide attribution or notices regarding third-party components where required. Your use of such components as part of the Service is subject to those license terms in addition to our Terms.

No Publicity: Neither party will issue any public statement or press release regarding the relationship established by these Terms or use the other party’s name, logo, or trademarks (except as permitted under those Terms for identifying THR’s services usage or as needed for THR to list Client as a customer) without prior written consent, except as required by law. (THR may, however, include Client’s name or logo in lists of customers on its website or marketing materials, unless you have expressly opted out of this.)

By posting your Contributions to any part of the Site or by making Contributions accessible to the Site—whether through direct upload, API interaction, or by linking your account to third-party services (such as social networking platforms)—you automatically grant, and represent and warrant that you have the right to grant, to THR an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image, voice, trademarks, or other identifying elements) for any purpose, including commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing rights.

This license applies to any form, medium, or technology now known or hereafter developed, and includes the right to use your name, company name, franchise name (if applicable), and any trademarks, service marks, trade names, logos, or personal and commercial images you provide in connection with your Contributions.

You expressly waive all moral rights in your Contributions, and you warrant that no such rights have been asserted by any third party.

We do not claim ownership of your Contributions. You retain full ownership of your Contributions and any intellectual property or proprietary rights associated with them. However, by submitting Contributions through the Site or Services, you acknowledge that your Contributions may be publicly viewable (depending on the context, such as public forums or blog interactions) and may be used in accordance with the license above. You are solely responsible for your Contributions and any consequences of their submission or publication. You agree to indemnify and hold harmless THR from and against any claim arising out of or relating to your Contributions, including any alleged infringement of third-party rights.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, proposals, or other information you submit to us regarding the Site or Services (collectively, "Submissions") are deemed non-confidential and shall become the sole and exclusive property of THR.

By submitting any such Submissions, you grant THR all rights, title, and interest in and to the Submissions, including any and all associated intellectual property rights. We shall have the unrestricted and irrevocable right to use, reproduce, display, perform, publish, distribute, adapt, and otherwise exploit such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You hereby irrevocably waive any and all moral rights in such Submissions, and you represent and warrant that such Submissions are either original to you or that you have all necessary rights and authorizations to provide them. You further agree that you will not assert any claim against THR relating to the actual or alleged infringement or misappropriation of any proprietary right in your Submissions.

We have no obligation to monitor Contributions but reserve the right, in our sole and absolute discretion, to (1) edit, redact, or otherwise modify any Contributions; (2) re-categorize Contributions for better organization within the Site; and (3) pre-screen or delete Contributions at any time and for any reason, without prior notice. We may also remove or disable Contributions that violate the Terms or any applicable law.

As part of the functionality of the Services, you may choose to link your account with one or more third-party accounts that you maintain with online service providers (each, a “Third-Party Account”). This may be done by: (1) providing your login credentials for the Third-Party Account via the Site; or (2) authorizing THR to access your Third-Party Account as permitted under the terms and conditions applicable to that account.

You represent and warrant that you are lawfully permitted to provide such access or credentials to us, that doing so does not violate any agreement between you and the applicable third-party service provider, and that this access does not impose on THR any fee obligations or restrictions beyond those outlined in these Terms.

By granting us access to your Third-Party Account, you acknowledge and agree that:

We may retrieve, store, and make available via your THR account certain content stored in your Third-Party Account (the “Social Network Content”), including but not limited to friend lists or other information, in accordance with the privacy settings you have configured in the respective Third-Party Account;

We may transmit and receive additional information to and from your Third-Party Account, where such interaction is necessary to enable Site functionality or as otherwise disclosed to you at the time of linking.

Please note that Social Network Content may no longer be accessible via the Services if: (a) the Third-Party Account or its related service becomes unavailable, or (b) our access to the Third-Party Account is suspended or revoked by the provider.

You may disconnect your Third-Party Account from the Services at any time via your account settings (where applicable) or by contacting us using the contact details provided below. Upon disconnection, we will make reasonable efforts to delete all data retrieved from such Third-Party Account that is stored on our systems, with the exception of your profile picture and username, which may remain associated with your THR account.

Please note: Your relationship with each third-party provider is governed solely by the agreements and terms you have with those providers. We do not review, vet, or assume responsibility for any Social Network Content obtained through a Third-Party Account, including its accuracy, legality, or relevance.

You acknowledge and agree that, where technically enabled and permitted by the applicable Third-Party Account, we may access your contact list or email address book stored on your device or with that third-party service for the sole purpose of identifying contacts who may also use the Site or Services.

The Site and Services may contain, or you may be sent via the Site, links to third-party websites (“Third-Party Websites”) as well as content, including but not limited to text, graphics, photographs, designs, music, video, applications, software, and other materials originating from or belonging to third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not reviewed, monitored, or verified by THR for accuracy, appropriateness, reliability, legality, or completeness. We do not assume any responsibility for any Third-Party Content made available through the Site or Services, or for any Third-Party Websites you may access via links provided on the Site. This includes, without limitation, any opinions expressed, privacy practices followed, data collection methods employed, or products or services offered.

The inclusion of any Third-Party Content or links to Third-Party Websites does not imply any endorsement, sponsorship, or approval by THR. If you choose to access or install Third-Party Content or interact with a Third-Party Website, you do so entirely at your own risk. These Terms no longer apply once you leave the Site or interact with a Third-Party Website or application, and you are strongly encouraged to read and understand the terms of use, privacy policies, and other legal terms applicable to those third-party platforms.

Any purchases or transactions you make through Third-Party Websites are solely between you and the respective third party. THR disclaims all responsibility and liability in connection with such interactions or purchases. You agree that we are not responsible for any loss or damage arising from or related to any product, service, or content offered by any Third-Party Website or contained in any Third-Party Content. You further agree to hold UpRock harmless from any harm or dispute resulting from your use of, reliance on, or interaction with such content or providers.

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms.

We reserve the right, but not the obligation, to take any or all of the following actions at any time and for any reason, in our sole and absolute discretion:

To monitor the Site and Services for violations of these Terms;

To take appropriate legal action against any user who violates applicable laws or these Terms, including without limitation by reporting such user to relevant law enforcement or regulatory authorities;

To restrict access to, limit the availability of, remove, or disable (to the extent technically feasible) any Contributions, content, or accounts, in whole or in part, that we determine may violate these Terms or applicable law;

To remove or disable any files, content, or data that we deem to be excessive in size, burdensome to our systems, or otherwise inappropriate or disruptive to the Site or Services, with or without prior notice and without liability;

To take any other technical or administrative measures as we deem necessary to protect the integrity, security, and functionality of the Site, the Services, our systems, and our users.

Nothing in this section shall be construed as imposing an obligation on us to monitor user activity, nor shall any failure to act constitute a waiver of our rights.

We care deeply about your data privacy and the security of your personal information. Please review our Privacy Policy, which explains how we collect, use, store, and safeguard your data in connection with your use of the Site and Services. By using the Site or Services, you acknowledge and agree to be bound by our Privacy Policy, which is hereby incorporated by reference into these Terms.

You further acknowledge and agree that the Site and Services are hosted and operated from servers located in Romania, other European Union jurisdictions, and the United States. If you access or use the Site or Services from any region outside of these jurisdictions that may impose different or more restrictive rules on the processing or transfer of personal data, then by continuing to use our Site, you explicitly consent to the transfer of your data to, and its processing in, Romania, the EU, and the United States in accordance with the applicable laws of these jurisdictions.

You must respect the intellectual property rights of others when using our Site and/or Services. You agree not to upload, distribute, or otherwise make available any content that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any person or entity.

If you believe that any content accessible through our Site and/or Services violates your copyright, please notify us immediately.

Submitting false claims may result in suspension or termination of your access to our Site and/or Services, as well as potential legal liability.

These Terms and your use of the Site and/or Services are governed by and construed in accordance with the laws of Romania applicable to agreements made and to be entirely performed within Romania, without regard to its conflict of law principles.

You unequivocally affirm that the clauses of the present Terms are fully compliant with the provisions of art. 1.204 of the Romanian Civil Code, the clauses being considered and understood by you as not being unusual clauses as provided by the before-mentioned article. Notwithstanding this affirmation, should any provision herein be subsequently adjudged or deemed by any competent authority or court of law as being an unusual clause, you hereby expressly declare your prior and informed consent regarding the unusual clauses of those Terms and that the parties of those Terms negotiated and agreed upon all provisions contained by those Terms.

Any and all disputes under those Terms must be brought solely and exclusively to the courts of Bucharest, District 1, Romania, and the Parties hereby irrevocably consent to the personal jurisdiction and venue of these courts.

There may be information on the Site and/or Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site and/or Services at any time, without prior notice.

THE SITE AND/OR SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND/OR OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND/OR SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE OR THE CONTENT/ CORRECTNESS OF THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND/OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND/OR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE AND/OR SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE AND/OR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YO...

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

During the course of using the Services, you and THR may exchange confidential information. Confidential Information means any non-public information, in any form, that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation: business plans, technical data, software (including underlying code and algorithms of the Services), security configurations, customer data, personal data, any non-public reports or results generated via the Services, and any other information marked or otherwise identified as “confidential” or that should reasonably be understood to be confidential.

Obligations: Both you and THR agree to use the other’s Confidential Information solely for the purpose of fulfilling this agreement and providing or using the Services, and not for any other purpose. The receiving party of any Confidential Information shall not disclose it to any third party without the prior written consent of the disclosing party, except to that party’s employees, agents, or subcontractors who need to know it in order to perform under these Terms and who are bound by confidentiality obligations at least as strict as those herein. Each party agrees to protect the confidentiality of the other’s information with the same degree of care that it uses to protect its own similar confidential information, and at minimum with a reasonable standard of care.

Exclusions: Confidential Information does not include information that: (a) is or becomes publicly available without breach of these Terms by the receiving party; (b) was already known to the receiving party prior to disclosure by the disclosing party, as evidenced by written records; (c) is obtained by the receiving party from a third party who had the legal right to disclose it, without confidentiality obligations; or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

Compelled Disclosure: If the receiving party is required by law, regulation, or legal process (e.g., subpoena or court order) to disclose Confidential Information of the disclosing party, it shall provide prompt notice to the disclosing party (to the extent legally permitted) to allow the disclosing party an opportunity to seek a protective order or other appropriate remedy. The receiving party shall disclose only the portion of information legally required and shall use reasonable efforts to ensure that the information remains confidential under the circumstances (for example, by requesting it be filed under seal in court).

Return or Destruction: Upon termination of the Agreement (or sooner, upon the disclosing party’s request), each party will either return or destroy (and certify destruction of) the other’s Confidential Information in its possession, except as required to be retained for legal or compliance reasons or contained in system backups. Notwithstanding the foregoing, THR may retain copies of data or information for archival or legal purposes as required by law or pursuant to its data retention and backup policies, provided such retained information remains confidential.

Confidentiality Period: Those obligations shall continue throughout the term of this Agreement and for three (3) years after termination, except for trade secrets (which should be kept confidential as long as they remain trade secrets under applicable law).

We retain certain data transmitted to or generated by your use of the Site and Services in order to monitor system performance, ensure service continuity, and improve functionality. While we implement regular backup procedures and maintain appropriate technical safeguards, you acknowledge that you are solely responsible for any data you transmit, upload, or generate in connection with your use of the Site and Services.

We do not guarantee the integrity or availability of such data, and we shall not be liable for any loss, deletion, alteration, or corruption of data, whether caused by system failure, unauthorized access, or other unforeseeable events. By using the Site, you expressly waive any right of action against us for any damage or loss resulting from such events.

These Terms shall remain in full force and effect while you use the Site and Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

Such termination or restriction may include, without limitation, revocation of access credentials, deletion or disabling of monitors, crawlers, API keys or datasets, and the immediate cessation of any active data collection or service execution. We may act preemptively if we believe that your continued access presents a risk to the availability, integrity, legality, or security of the Site and Services, or to the rights of other users or third parties.

If we terminate or suspend your account for any reason, you are strictly prohibited from registering and creating a new account under your name, a fictitious or borrowed name, or the name of any third party, even if you are acting on behalf of such party. Any attempt to circumvent this restriction (including use of alternate email addresses, payment methods, or company registrations) may result in further enforcement action.

In addition to terminating or suspending your account, we reserve the right to take any appropriate legal action, including without limitation pursuing civil claims for damages, reporting unlawful conduct to relevant authorities, and seeking injunctive or equitable relief, in order to protect our rights and enforce these Terms.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE AND/OR SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site and/or Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site and/or Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms of Use.

In order to resolve a complaint regarding the Site and/or Services or to receive further information regarding use of the Site and/or Services, please contact us at:

The Hot Room SRL
Bucharest, District 1,
31 General Gheorghe Magheru Boulevard, Floor 5, Office 2
Romania