USER AGREEMENT
(GENERAL TERMS OF USE)
Morocco
Effective Date: February 20, 2025
This User Agreement (hereinafter referred to as the "Agreement") is entered into between any individual, individual entrepreneur, or legal entity (hereinafter referred to as the "User") who has expressed consent to the terms set forth in this Agreement by performing actions aimed at using the Service, and PKRF LLC (hereinafter referred to as the "Administration"), the entity holding exclusive rights to the Service. By using the Service, the User unconditionally accepts this Agreement in accordance with applicable law. This Agreement, together with any additional terms and policies related to the use of the Service available on the Service’s website, constitutes the terms and conditions applicable to every User of the Service. By using the Service, the User agrees to these terms. If the User does not agree with any of the terms, the User must cease using the Service.
1. TERMS AND DEFINITIONS
1.1. For the purposes of this Agreement, the following terms and definitions shall have the meanings set forth below:
- Administration: PKRF LLC, a legal entity registered under the laws of the Russian Federation, OGRN 1137847127021, TIN 7842493977, legal address: 194044 Saint Petersburg, BC "Petrovsky Fort", Finlandsky Prospekt 4A, Office 604, the holder of exclusive rights to the Service.
- User: Any individual, individual entrepreneur, or legal entity that has expressed consent to the terms of this Agreement by performing actions aimed at using the Service (e.g., accessing the Service’s website, registering, browsing information on the website, or otherwise interacting with the Service’s interface).
- Service: The website accessible on the Internet at https://aktawa.com, a web portal for the sale and promotion of Goods, attracting new clients and partners, conducting secure transactions, obtaining financing and support from professional financiers, lawyers, tender specialists, and other business experts, as well as providing other functionalities. The Service is a complex intellectual property object created and managed by the Administration, including information, computer programs (components, modules), databases, codes, underlying know-how, algorithms, design elements, fonts, logos, and textual, graphical, and other materials, the rights to which belong to the Administration as the rights holder or licensee under law, contract, or other transaction.
- Tariffs: Description of additional paid functionalities of the Service, the cost of which is specified on the Service’s website pages and directly before payment.
- Goods: Any product of activity (including work or service) intended for sale, exchange, or other introduction into circulation, offers for the sale of which are published by certain categories of Users on the Service (excluding securities, foreign currency, and items withdrawn or restricted from circulation).
- Content: A collection of textual, graphical, audio, and video materials (including audiovisual works) posted on the Service’s website and used by it, the rights to which belong to the Administration as the rights holder or licensee under law, contract, or other transaction.
- Operator: PKRF LLC, responsible for processing personal data independently or jointly with others, determining the purposes of personal data processing, the composition of personal data to be processed, and the actions (operations) performed with personal data.
- User Documentation: Instructions and informational materials explaining the procedure for using the Service by the User.
- Registration: A procedure constituting acceptance of this Agreement, during which the User provides accurate information about themselves in a form approved by the Administration and creates a login and password. Registration is considered complete only upon successful completion of all stages, including activation via a unique link sent to the email address or phone number provided by the User. Alternatively, the Service may offer initial authorization via a third-party web service, transferring a token identifying the User to the Administration.
- Account, Personal Cabinet: A set of records in the Administration’s database identifying the User with the login credentials (username and password) provided during Registration, enabling management of Service parameters and Goods available through the Service.
- User Registration Data: Data voluntarily provided or uploaded by the User during Registration and further use of the Service, stored in the Administration’s database and used solely in accordance with this Agreement and applicable law.
- Authorization: A procedure where the User enters their login and password into designated fields in the Service interface or a third-party web service to identify themselves, transfer a token to the Administration, and confirm their access rights to the Account and full Service functionality.
- Token: A unique set of characters identifying the User in third-party web service accounts (e.g., social networks, Google Play, Apple App Store), allowing authorized connection to the Service via third-party authentication.
- Terms of Use: The set of agreements between the User and the Administration, including this Agreement, additional terms, and rules related to the use of the Service, as well as other agreements explicitly stated to form part of the Terms of Use.
- Personal Data: Any information relating to an identified or identifiable individual, including their full name, date of birth, email address, phone number, postal address, and other information.
- Device: A computer, mobile device, or virtual machine running an operating system compatible with the Service and equipped with a compatible web browser.
- Statistics: Information about the use of the Service, additional functionalities, and website interactions collected via counters, cookies, web beacons, and similar technologies.
- Counter, Tracker: A part of the Service, a computer program using a code fragment to collect statistical and personal data about Service usage, such as Google Analytics or similar tools, collecting data in anonymized form.
- IP Address: A unique identifier assigned to a User’s device in a data transmission network based on the IP protocol.
- HTTP Header: A string in an HTTP message containing a name-value pair separated by a colon, following the general format of ARPA text network message headers (RFC 822).
- Cache: Temporary storage on the User’s device for data frequently requested from the Service’s website.
- Cookies: Small data fragments sent by the web server and stored on the User’s device to track browser activity, as described in RFC 2109 and RFC 2965, including other similar technologies.
- Web Beacons: Electronic images (e.g., single-pixel GIFs) used to recognize certain types of information on the User’s device.
- Messenger: An information system or computer program (mobile app, web service, etc.) used for receiving, transmitting, delivering, or processing electronic messages (e.g., Skype, WhatsApp, Telegram).
- Cloud Storage: An information system or computer program (mobile app, web service, etc.) for storing electronic files on a remote server (e.g., Google Drive, Dropbox).
- Collaboration Software: An information system or computer program (mobile app, web service, etc.) for organizing collaborative work (e.g., Google Docs, Jira, Slack).
- Checksum, Hash Sum: A mathematical value calculated from a data set using a specific algorithm (e.g., MD5, SHA256) to verify file integrity during transmission or storage.
1.2. All other terms and definitions in this Agreement shall be interpreted in accordance with Moroccan law and customary internet practices.
1.3. Terms may be used in singular or plural form depending on context and may be written with uppercase or lowercase letters.
1.4. Headings and structure are for convenience only and have no legal significance.
2. SUBJECT OF THE AGREEMENT
2.1. This Agreement governs the relationship between the User and the Administration regarding the provision of a non-exclusive license to use the Service and regulates its general use.
2.2. The Administration grants the User the right to use the Service in accordance with its purpose and functionality as described in the User Documentation, including searching for Goods offers, viewing, sorting, filtering, saving, conducting transactions, attracting clients and partners, and obtaining financing and support from business experts.
2.3. The User may use the Service with or without Registration, though most functionalities require Registration. For Registration, the User must provide accurate data and create a login and password, subject to the Administration’s requirements (e.g., length, characters).
2.4. After Registration, the User gains full access to the Service, except for paid functionalities unlocked separately.
2.5. The Administration may engage third parties to fulfill its obligations under this Agreement without User consent, provided such third parties do not process the User’s personal data without consent.
2.6. Use of the Service must comply with applicable law.
2.7. Service functionalities and guidelines are detailed in the User Documentation on the Service’s website. Paid functionalities may be unlocked upon payment under a non-exclusive license.
2.8. In case of technical issues caused by the Administration lasting over 48 hours, the paid functionality period may be extended upon the User’s written request to support@aktawa.com, including detailed evidence of the issue.
2.9. The Administration may adjust the cost of paid functionalities at its discretion, with prior payments unaffected, by updating Tariffs on the Service’s website.
2.10. Discounts may be offered via referral links, coupons, or promo codes applied during payment.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. The Service, its Content, and components (e.g., programs, databases, codes, design elements) are protected intellectual property under Moroccan and international law, usable only with the Administration’s permission.
3.2. The Administration grants the User a non-exclusive, non-transferable license to use the Service globally during the Agreement’s term, limited by its terms.
3.3. The license may be revoked per applicable law.
3.4. The User may reproduce the Service or its code on their device for caching and operation via supported browsers for its intended use.
3.5. Copying for archival purposes is not permitted unless explicitly authorized.
3.6. The Service may be used on an unlimited number of User devices simultaneously.
3.7. Additional functionalities or restrictions are specified in the User Documentation.
3.8. The license includes access to regular updates within the same version and new versions when available.
3.9. The User may not modify, decompile, or reverse-engineer the Service without written permission, bearing full responsibility for violations.
3.10. This Agreement does not transfer intellectual property rights beyond the granted license.
3.11. The Service may include open-source software under licenses like GNU, with terms prevailing over this Agreement if applicable.
4. RIGHTS AND OBLIGATIONS OF THE ADMINISTRATION
4.1. The Administration guarantees its legal right to provide the Service license.
4.2. The Service is provided “as is,” with no guarantees against errors, interruptions, or compatibility issues, and no liability for damages unless caused by the Administration’s fault.
4.3. The Service is guaranteed to work with recent versions of browsers (e.g., Chrome, Firefox).
4.4. The Administration may suspend access for maintenance or if false data is provided.
4.5. User data may be used for marketing with consent, per Moroccan law.
4.6. The Administration may contact the User for quality checks or critical updates.
4.7. Identity verification documents may be requested if required by law.
4.8. The Administration may restrict access during verification of data accuracy.
4.9. Access may be terminated for Agreement violations without compensation.
4.10. Inactive accounts (12 months) may be deleted without notice.
4.11. The Administration may set usage rules and limits at its discretion.
4.12. User data confidentiality is ensured unless disclosure is legally required.
4.13. Technical support is provided upon request.
5. RIGHTS AND OBLIGATIONS OF THE USER
5.1. The User guarantees legal capacity, accurate data, and compliance with third-party rights.
5.2. The User may use the Service legally, report issues, and request support.
5.3. The User must protect login credentials, provide accurate data, and avoid illegal actions or damage to the Service.
6. PAYMENT TERMS
6.1. Costs for additional functionalities are per Tariffs, payable in advance via bank transfer.
6.2. Refunds are not available post-unlocking.
7. PROCESSING OF PERSONAL DATA
7.1. Use of the Service involves data processing per *Law No. 09-08 on the Protection of Individuals with Regard to the Processing of Personal Data* of Morocco, with the Privacy Policy at https://aktawa.com/pages/privacy/.
7.2. The User consents to processing data (e.g., name, email, IP) for Agreement execution, Service functionality, marketing (with consent), and legal compliance.
7.3. Processing includes collection, storage, transfer (including cross-border), and destruction, per Moroccan law.
8. LIABILITY AND LIMITATION OF LIABILITY
8.1. The Administration is not liable for harm caused by Service use unless at fault, with liability limited to 1 Moroccan Dirham.
8.2. The Administration is not responsible for lost access, internet issues, or third-party links.
9. FORCE MAJEURE
9.1. Parties are exempt from liability for force majeure events (e.g., war, natural disasters), with terms extended accordingly.
10. DISPUTE RESOLUTION
10.1. Disputes unresolved through negotiation are resolved in Rabat courts under Moroccan law.
11. TERM AND TERMINATION
11.1. The Agreement is indefinite; termination occurs via account deletion or inactivity (12 months).
12. ELECTRONIC INTERACTION AGREEMENT
12.1. Electronic documents signed with a simple electronic signature are equivalent to paper documents.
13. APPLICABLE LAW AND DISPUTE RESOLUTION
13.1. This Agreement is governed by Moroccan law.
13.2. Disputes are resolved in Rabat courts.
14. DETAILS
PKRF LLC, OGRN 1137847127021, TIN 7842493977
Legal address: 194044 Saint Petersburg, BC "Petrovsky Fort", Finlandsky Prospekt 4A, Office 604