Estateguru User terms

12. SECURITY AGENT

12.1. Any and all liens must be established in favor of the Security Agent. The function of the security agent is performed by the company “Estateguru talgasagent” OÜ (registration code 12766368) appointed for this purpose by the Platform operator. Only a Security Agent or a Platform Operator can perform the function of a Security Agent. The security agent function will not be outsourced to any other third party.

12.2. The Security Agent holds the collateral or collaterals provided in relation to the secured loan in its own name to protect the interests of the Investor(s) and carries out actions and transactions related to the respective collaterals, as well as in accordance with the Platform Operator’s instructions given on its own behalf and/or on behalf of the Investor(s). in accordance with these Terms of Service and the relevant Loan documents. Collateral agreements are concluded as contracts for the benefit of a third party, that is, although collateral agreements are concluded between the Security Agent and the Borrower, they secure the Investors’ claims against the Borrower arising from the Loan Documents.

12.3. If the Security Agent receives funds for the Investor and/or the Platform Operator as a result of the actions (including realization of collateral) carried out for the purpose of debt collection or enforcement of claims, the Security Agent shall transfer the relevant funds to the Platform Operator (after deducting and covering all costs and fees incurred by the Security the agent experienced or calculated due to the relevant actions), and the Platform Operator transfers funds to the Investor’s user account(s) in proportion to the investor’s claim. If the funds do not cover all the obligations arising from the Loan documents, the amount returned to the Investor(s) is proportional to the amount of the Investor’s claim from the total loan amount and is in accordance with Clause 16 of the General Loan Terms and Conditions. The aforementioned provisions also apply in cases where the Security Agent performs debt collection or enforcement actions on the basis of a parallel obligation agreement, as set forth in Estateguru’s general loan conditions, and/or an agreement creating the corresponding collateral.

12.4. The Security Agent keeps all funds to be transferred to the Platform Operator separately from its own funds in a bank account located in a licensed bank in the European Economic Area.

12.5. The Security Agent and the Platform Operator are not obliged to pay interest to the Investors for the amounts paid or returned for the period from receipt of the amount to payment to the Investor User’s account.  

13. DELIVERY OF NOTICES

13.1. The User agrees that all communications related to his/her use of Estateguru shall be delivered through the Mailbox and/or sent by electronic mail, including communications with legal implications. This includes notifications based on the Loan Agreement and other Loan documents. The Platform Operator and the Security Agent may, at their discretion, send messages to the User by means other than the Mailbox and/or e-mail, using for this purpose the contact information provided by the User during registration as a User or any contact information provided by the User after registration as a User.

13.2. Messages sent via the Mailbox and/or e-mail specified to the User’s Platform operator are deemed to have been received and read by the relevant User 24 hours after the relevant message was sent.

14. CHANGES TO THE TERMS AND LOAN DOCUMENTS

14.1. The Platform Operator can unilaterally change these Terms of Service and the corresponding changes take effect from their publication on the Platform. The Platform Operator, at its discretion, may require the User to approve changes to the Terms of Service. When changing the Terms of Service, the Platform Operator always informs the User of his right to terminate the use of services if the User does not agree with the changes to the Terms of Service. The Platform Operator may restrict the User’s ability to make new investments if the User does not agree to the fundamental changes to the Terms of Service. Failure to provide approval for changes to the Terms of Service does not affect the servicing of the User’s loan portfolio by the Platform operator. Each loan agreement concluded by the User is subject to the version of the Terms of Service that was valid at the time of the conclusion of the loan agreement.

14.2. The Borrower, after receiving the consent of the Platform Operator, can unilaterally extend the payment term specified in the loan agreement for no longer than 3 months, and no longer than 6 months, counting from the initial payment term, provided that: (i) the Borrower has submitted to the Platform Operator the relevant request, (ii) the Risk Committee of the Platform Operator considers the term extension to be justified and possible, and when making such a decision takes into account the Investors’ interests, the Borrower’s financial situation and possible financial benefits from extending the loan term; (iii) the Borrower has no obligations due but unpaid under the applicable Loan Agreement or has applied for an extension of time before any outstanding amount became due; (iv) if the request to extend the term is approved, the Borrower for the extended period (from the initial payment term to the end of the obligation fulfillment term) shall pay the Investors additional interest specified in the Price List, which is valid at the time of the submission of the request to extend the term, and the additional interest rate will be at least 0 .5% per year.

14.3. If Investors and/or Borrowers wish to change the terms of the already concluded Loan Agreement, negotiations with the Borrower regarding changes are conducted by the Platform Operator and/or Security Agent, acting as the Investor’s representative and for the Investor’s benefit. The Platform Operator or the Security Agent may sign the amended agreement as a representative of the investors in one or more of the following ways: 

14.3.1. extending the payment term in accordance with Clause 14.2 of the Terms of Service;

14.3.2. by increasing the interest rate and/or default interest specified in the loan agreement, but only if this does not increase the risk of insolvency of the Borrower;

14.3.3. providing additional time to correct and/or eliminate any non-financial breaches of obligations (except for breaches of obligations relating to the determination of collateral), but only if this does not affect the project’s profitability or risk position vis-à-vis the Investors;

14.3.4. by extending the term for determining the collateral(s) specified in the Loan documents (a) to 10 (ten) working days; or (b) for important reasons, longer than 10 (ten) working days, but not longer than up to 3 (three) months, provided that for the last extended period, according to the Loan Agreements, interest payment is guaranteed to Investors, and the loan amount is not transferred To the borrower, until the collateral is properly established;

14.3.5. by agreeing to provide an additional deposit; or

14.3.6. making other changes, including, at the appropriate time, providing instructions to the Borrower regarding the form of execution of the Loan documents or giving consent to deviate from the terms of the Loan documents, if the relevant changes, instructions or deviations are of a technical nature and are aimed at correcting errors or, if this does not fundamentally violate the Investor interests or if necessary to avoid potential financial risk and/or damage to the Investor(s).

14.4. In justified cases, if it is significant considering the Borrower’s financial situation and the possible prospects of starting or continuing the debt collection process, the Portal Operator or the Collateral Agent may agree with the Borrower on the reduction of the accrued interest or late interest requirement, if: (i) successful interest and ( or) the collection of default interest from the Borrower to the extent that it has become fully due is unlikely, taking into account the financial position of the Borrower or the guarantor(s); (ii) Investors are presented with the reasons for the decision and the assessments on the basis of which the relevant decision was made; (iii) Investors are informed about the possibility to appeal the relevant decision of the Platform operator or the Security Agent.

15. ASSIGNMENT OF RIGHTS AND OBLIGATIONS 

15.1. The User may not assign or otherwise transfer the rights and obligations arising from the Loan Agreements and these Terms of Service to a third party without the consent of the Platform Operator and the Security Agent. The consent of the Security Agent and the Platform Operator is not necessary for transferring the claims of one User to another User in the Secondary Market. The Platform Operator is not responsible for any losses (including lost profits) or liabilities to the User arising from this section or other Terms of Service.  

15.2. The Platform Operator and/or the Security Agent has the right to transfer the rights and obligations arising from the Loan Agreements on behalf of the Users and/or on its own behalf to third parties during enforcement or other recovery proceedings, if the return to Investors as a result of such transfer is greater than in the case of enforcement whether other recovery proceedings (as appropriate) would be continued. If a decision to transfer claims has been made, the Platform Operator will provide investors with explanations and calculations on the basis of which such a decision was made. The Investor agrees that in the event of a foreclosure situation and in the absence of more favorable repayment options, the Payable Financial Claims may have to be sold at a lower price than the Loan amount, resulting in a loss of capital to the Investor. Amounts receivable from the aforementioned transfers (minus actual collection and/or enforcement costs) must be paid to the Investors.

16. APPLICABLE LAW AND DISPUTE RESOLUTION PROCEDURE

16.1. These Terms of Service and other circumstances, actions and transactions related to the use of Estateguru are governed by Estonian law.

16.2. Any disputes arising under these Terms of Service between the Platform Operator and/or Security Agent (on the one hand) and the Borrower (on the other hand) shall be subject to the jurisdiction of the Harju District Court located in Tallinn, Estonia, without regard to the law collision.

16.3. If the User has a complaint related to Estateguru or any services provided by the Platform Operator or Security Agent, it shall be resolved in accordance with the Dispute Resolution Procedure provided on the Platform. The user also has the right to apply to the local supervisory authority for dispute resolution. The user also has the right to apply to the local supervisory authority (e.g. to the Bank of Lithuania) with a complaint about the services provided by the Platform operator in accordance with the rules of the procedure for the non-judicial settlement of disputes between consumers and financial market participants in the Bank of Lithuania, approved by the resolution of the Board of the Bank of Lithuania dated January 26, 2012 No. 03-23.

17. FEES AND COSTS

17.1. Unless otherwise specified in the Basic Loan Terms, the Borrower undertakes to pay these fees and cover these costs to the Platform Operator

17.1.1. Brokerage fee;

17.1.2. Administration fee;

17.1.3. Security agent fee;

17.1.4. Contract fees;

17.1.5. fee for collection of debt(s);

17.1.6. all costs related to the conclusion of loan and pledge/mortgage agreements (including pledge/mortgage registration);

17.1.7. other fees agreed in the Basic Loan Terms.

More information about applicable taxes can be found in our Price List, which is available on the page: https://estateguru.co/lt/kainorastis/.

17.2. Unless otherwise specified in these Terms of Service or the Main Loan Terms, the Brokerage Fee and the Security Agent Fee, as well as costs related to the conclusion of loan and pledge/mortgage agreements (including pledge/mortgage registration) are paid to the Platform Operator from the loan amount immediately before the transfer of the loan amount to the Borrower’s account, and the Platform Operator may deduct the Brokerage Fee, the Security Agent’s Fee and any and all costs from the loan amount by transferring only the loan amount that exceeds the fees and costs to the Borrower’s account. Other fees (except for the Administration fee) are paid to the Platform operator as determined in the Basic Loan Terms.

17.3. The administration fee must be paid by the Borrower in one or more consecutive payments until the end of the loan term, as agreed with the Platform operator. The amount of each Administration Fee installment is indicated in the corresponding column of the payment schedule. Unless otherwise specified in the Main Loan Terms, the Administration Fee payable to the Platform Operator is two percent (2%) of the principal amount of the loan according to the Loan Agreement concluded to finance the Project. The Borrower must pay the full Administration Fee in any case, including cases where the term of the respective loan is shorter than one year or if the loan is repaid before the due date, within one year of the transfer of the loan amount to the Borrower.

17.4. If the loan is repaid early, the entire remaining part of the Administration Fee must be paid together with the loan being repaid early (and if the corresponding repayment date is not the last day of the calendar month, the Administration Fee is calculated and must be paid at least as much as would have been calculated and paid , if the relevant loan was repaid on the last day of that calendar month (but in any case no greater amount than would have been due if the loan had been repaid on the original due date)).

17.5. If the Borrower does not return the principal amount of the Loan or terminates the Loan Agreement(s), the Administration Fee must be paid to the Platform Operator immediately.

17.6. The fees specified in Clause 17.1 of these Terms of Service must be paid only if the principal loan amount of the Loan Agreements concluded for the financing of the relevant Project during the Syndication period reaches at least the Minimum Funding Target Amount specified in the respective Loan Application.

17.7. The Platform Operator may require the Borrower to pay a contract fee of up to five percent (5%) of the Loan Amount if the Borrower applies for an extension referred to in clauses 14.3.1 or 14.3.4(b).

17.8. The brokerage fee must also be paid if the Loan Agreement is terminated because the Borrower has not provided collateral or securities in the manner and scope specified in the Loan Agreement, when the Loan Agreement is terminated due to extraordinary circumstances before the transfer of the loan amount or if the Lender refuses to satisfy the Loan request before the end of the Syndication for the period. In the cases described above, the Borrower must pay the Intermediation Fee within 5 (five) working days after the termination of the Loan Agreement or its termination due to extraordinary circumstances.

17.9. In the event of the events described in Clause 17.8 of these Terms of Service, the Borrower must within 5 (five) business days after the request compensate the Platform Operator and the Security Agent for all costs, fees, charges and losses incurred by the Platform Operator and/or the Security Agent due to the aforementioned events.

17.10. The Platform Operator may charge the fees, expenses and/or losses that must be covered or compensated to the Platform Operator and/or the Security Agent from the funds recorded in the relevant User’s Account.

17.11. The fees of the Platform Operator or the Security Agent do not include value added tax (VAT) and, if the relevant tax is subject to value added tax (VAT) or other similar tax (English tax) by law, it is added to the Brokerage Fee and/or Administration Fee .

17.12. The Borrower must pay the fees in euros in full and the Borrower may not offset the obligation to pay the corresponding fee or make other deductions or deductions from such payable amounts without the consent of the Platform Operator, given in a format that can be reproduced in writing.

17.13. If the Borrower’s payment obligation has expired or the Loan Agreements have been terminated and the Platform Operator instructs the Security Agent to start the enforcement process, forced sale, auction, court proceedings, sale of claims and collateral to a third party, etc., the Platform Operator must the right to apply a Realization fee to Investors for the actions taken to collect the debt. The realization fee is 10% of the Loan amount, which is unpaid at the beginning of the realization process. The Realization Fee payable by the Investors is collected on behalf of the Investors by the Platform Operator and/or the Security Agent as compensation from the Borrower to cover the Investors’ obligation to pay the Realization Fee, and the Borrower, by agreeing to these Terms of Service, agrees that the Realization Fee may be claimed from the Loan beneficiary as compensation in addition to other claims payable.

17.14. The Borrower has the obligation to make all payments to the Platform Operator, Security Agent and Investors on time. If the Borrower is late in paying, the Borrower must pay the Platform operator a debt management fee in the amount specified in the Price List in the form of contractual defaults.

17.15. In addition to the Execution Fee, the Platform Operator or the Security Agent may also require the Borrower to cover all costs associated with obtaining claims and/or other enforcement procedures (such as legal costs or costs of third-party service providers) and/or collateral management fees (such as electricity, maintenance, taxes) and/or other relevant expenses with a twenty-five percent (25%) surcharge. If a company appointed by the Platform Operator for that purpose (for example, a Security Agent, a subsidiary of the Security Agent or a special service provider) acquires ownership of the pledged property, the Borrower must pay the Platform Operator a management fee of 3% of the Loan Amount (+ VAT, if applicable) during year from the transfer of ownership. If the Borrower has not transferred the Realization fee and/or the mentioned expenses to the Platform operator, the Platform operator is allowed to deduct the fee and/or expenses from the funds transferred to him by the Security Agent in accordance with the procedure set forth in Clause 12.3 of these Terms of Service. of these User Terms. This also applies if the funds are received directly by the Platform Operator and not through the Security Agent.

17.16. The User undertakes to pay the following fees to the Platform Operator:

17.16.1. inactive virtual account fee;

17.16.2. service charges;;

17.16.3. other fees agreed in the Basic Loan Terms.

More information about applicable taxes can be found in our Price List, which is available on the page: https://estateguru.co/lt/kainorastis/ .

17.17. The fee for an inactive virtual account is paid in the event that the User does not use his Account for more than one (1) year, but on the condition that there are available funds in the Account. The amount of the fee for an inactive virtual account is determined by the Platform operator and is paid according to the valid Price List. 17.16.2. Users pay the service fees specified in point 1 in accordance with the Price List published on the Platform.

17.18. In the event of delay in paying or compensating any fee, fee or expense, the User undertakes to pay the Platform Operator and/or Security Agent interest at the rate of 25 (twenty-five) percent per annum for each day of delay.  

17.19. If a Price List of certain actions and services undertaken and provided by the Platform Operator and/or Security Agent is published on the Platform, after the first request of the Platform Operator and/or Security Agent and additionally next to any other fees specified in the Terms of Service, the User must immediately to pay the Platform Operator and/or Security Agent the fee amount specified in the Price List for the relevant actions and/or services. Among other things, the applicable Price List may specify the fees payable to the Platform Operator and/or Security Agent for the actions described in Section 11 of these Terms of Service or for other actions and services.

18. LIMITATIONS OF LIABILITY OF PLATFORM OPERATOR AND SECURITY AGENT

18.1. The main service of the Platform operator is mediation of the lending and borrowing interests of its Users. When providing these services, the platform operator undertakes to act honestly, carefully, correctly and professionally, taking into account the interests of Investors and Borrowers.

18.2. The Platform operator operates in accordance with the policy of avoiding conflicts of interest established in the Platform.  

18.3. The services provided by the Platform Operator and the Security Agent do not include the following:

18.3.1. guaranteeing or otherwise ensuring that the Users will be able to dispose of funds or be able to receive them, as well as ensuring that the financial obligations of the User(s) will be fulfilled;

18.3.2. accepting deposits or other compensable instruments or granting loans or other financing on its own account and in its own name;

18.3.3. providing investment or legal advice;

18.3.4. conclusion of real estate transactions or provision of consultations regarding them; or

18.3.5. provision of payment services.

18.4. The platform operator performs an administration function when Users draw up and execute Loan documents in order to facilitate the execution of Loan documents and communication between Users. In collecting any amounts owed by the Borrower, both the Platform Operator and the Security Agent shall act at their own discretion, based on what is in the best interest of the Investor based on the Platform Operator’s opinion and experience.

18.5. Among other things, the Platform Operator and the Security Agent are not responsible for:

18.5.1. Fulfilling the obligations of users (including Borrowers);

18.5.2. The truth or accuracy of the information and/or confirmation(s) published or provided by Users (including Borrowers) on the Platform or in any Loan document; among other things, the aforementioned limitation of liability also applies to actual data and other information about Projects and Users published on the Platform, as well as to information published by the Platform operator in cases where the Platform operator published fraudulent or inaccurate information accidentally;

18.5.3. any business interruptions or interruptions that may occur in the activities of credit institutions, including losses directly or indirectly caused by the insolvency or moratorium of such credit institution or any other similar event;

18.5.4. losses caused by the actions or omissions of third parties specified in Part 11 of these Terms of Service, whose economic and professional activities include, for example, debt collection and related services;  

18.5.5. The legality, scope, content, suitability and enforceability of contracts and other legal documents used by Estateguru, including documents used to conduct transactions through Estateguru;

18.5.6. Errors and malfunctions of the Platform, changes to the Platform or the consequences of discontinuing the operation of the Platform;

18.5.7. The correctness and accuracy of the forecasts published on the Platform, including the financial indicators and forecasts of any Project;

18.5.8. circumstances that arise from or depend on the User’s identity;

18.5.9. losses caused by the realization of the risk specified in point 3.7 of these Terms of Service;

18.5.10. non-pecuniary losses, lost profits or other indirect losses or other losses resulting from their actions (except willful misconduct);

18.5.11. any economic loss, delay in performance of any part of these Terms of Service or non-performance to the extent that such loss, delay in performance or non-performance is caused by force majeure circumstances or occurs during their continuation.

18.6. Permission to publish a Loan application and, if risk categories are used, to assign it a risk category on the Platform is not considered a recommendation for investment or other support of the Platform operator in relation to the relevant Loan application, nor is it considered a confirmation by the Platform operator or any other sign that the creditworthiness of the person submitting the Loan application is reliable, that the relevant project is financially viable or that the Investor will recover the relevant investment or earn a profit from it.  

18.7. The Platform Operator may make changes to the Platform at any time, including expanding, changing or removing its functions, at its own discretion and without requesting the consent of the Users or informing the Users in advance. Among other things, the Platform Operator may terminate the Platform at any time at its sole discretion.

19. GENERAL USER OBLIGATIONS

19.1. When entering into transactions on the Platform, each User evaluates the appropriateness and risk of the respective transaction and, if necessary, uses the help of consultants who are specialists in a certain field.  

19.2. When a User registers as a User, he (among other things) acknowledges that by using Estateguru, as well as by entering into transactions through Estateguru, he understands the risks associated with using Estateguru (including the possibility that in the event that he realizes with The use of Estateguru and the risks associated with investing, he may not recover his investment or earn the planned profit from it) and acts solely at his own risk.

19.3. The User must self-declare income and pay taxes payable in respect of transactions and actions implemented through Estateguru, to the extent and in the manner prescribed by law, and neither the Platform Operator nor the Security Agent deducts any taxes payable to the state, unless required by law. Among other things, this also applies to taxes that are payable on the Investor’s earned interest income.

19.4. User agrees and acknowledges that:

19.4.1. The execution of loan agreements and other Loan documents, including the drawing up of Loan documents and other communication related to them, between Users can only take place in accordance with the procedure established in these Terms of Service and Loan documents and only through Estateguru and with its help, except in cases where the Platform the operator or Security Agent has given prior consent in a format that can be reproduced in writing;

19.4.2. the recovery of any financial obligation arising from the Loan Agreement, these Terms of Service or other Loan documents can only take place in accordance with the procedure set out in Part 11 of these Terms of Service through and with the help of the Platform Operator and/or Security Agent, and the User has no right to independently undertake such actions, except in cases where the prior consent of the Platform Operator and/or the Security Agent has been obtained, in a format that can be reproduced in writing; and

19.4.3. any questions and other information learned by the User while using or accessing the Platform may be used by the User only for the purpose of using the Estateguru services and for no other purpose.

19.5. When using Estateguru, the User must act in good faith and take into account the rights of other Users, and not use Estateguru to harm other Users and/or the Platform Operator and/or the Security Agent or for other purposes that do not correspond to good morals or good will. The User agrees and warrants that any information provided by the User is true and accurate.  

19.6. The user is responsible for all costs, fees, charges and government charges related to the use of Estateguru.

19.7. At the request of the Platform Operator, the User must provide the Platform Operator with information and documents that the Platform Operator requires in order to identify the User’s ultimate beneficiary and other related persons, assess and reduce the risk of money laundering and terrorist financing, and perform international sanctions checks.

19.8. If, in the event of the Investor’s death, a claim is made for the transfer of the property in the User’s account, the Platform Operator has the right to refuse to transfer the property until the inheritance is proven by a certificate of inheritance (for example, a notarized certificate of inheritance). In addition, the costs of establishing an inheritance or similar right to transfer property may be deducted from the assets in the User’s account or recovered from a person entitled to the property on the basis of the right of inheritance or transfer.

19.9. When using the Platform, the User undertakes not to use hardware, applications or solutions (including computer programs) whose purpose or function is the automatic use, reading, collection, recording or other processing of the content of the Platform or the data recorded therein.  

20. TERMINATION OF USER STATUS

20.1. At the User’s request, the Platform Operator shall terminate the status of such User (as a User) if he is not a party to any Loan Agreement, has no financial claims against any other User in connection with the use of the Platform and has fulfilled all financial obligations of the Platform Operator, the Security Agent and any in relation to another User, as far as the use of the Platform is concerned. 

20.2. The Platform Operator may, at its discretion, cancel the User’s status (as a User) or limit the User’s rights at any time when the Platform Operator suspects that the use of the User’s account does not comply with these Terms of Service, informing the relevant User in accordance with the procedure set forth in Section 13.

20.3. If the Platform Operator, taking into account the User’s activities, has reasonable grounds to suspect money laundering, terrorist financing, fraud or other illegal activities, the Platform Operator has the right to limit the User’s rights to his User Account and/or immediately cancel the User’s status. Also, the Platform Operator terminates the User’s user status when international sanctions are applied to him or to persons related to him.

20.4. After canceling the User’s status, the Platform Operator transfers the positive balance of the funds recorded in the Account of the relevant User to the User’s account from which the User previously transferred the funds to the Platform Operator. If the User has received any funds as bonuses intended for investment on the Platform, these funds cannot be withdrawn and will not be transferred to the User’s current account.

21. TERMINATION OF THE PLATFORM OPERATOR

21.1. The declaration of bankruptcy of the Platform Operator or the termination of the Platform Operator’s activities for any other reason does not affect the validity of already concluded Loan documents (unless otherwise stipulated in the Loan Agreement).

21.2. When the bankruptcy of the Platform operator is announced or the Platform operator ceases operations for another reason:

21.2.1. The syndication period for each active Loan application ends prematurely; 

21.2.2. The Platform Operator transfers the positive balance of the funds recorded in the User’s Account to that User’s current account, which that User had previously indicated to the Platform Operator and from which that User had previously transferred funds to the Platform Operator;

21.2.3. The Platform Operator provides instructions to the Users regarding the further execution of the Loan Documents to the extent that the execution of the relevant Loan Documents is impossible without the help of the Platform Operator and/or the Security Agent.

21.3. The instructions mentioned in point 21.2.3 of these Terms of Service include, among others, instructions to the parties to the Loan Agreement:

21.3.1. make payments required under the Loan Documents directly to the party entitled to such payment;

21.3.2. to provide notifications related to the Loan documents to another party in other ways than described in Part 13 of these Terms of Service; 

21.3.3. continue to execute the Loan documents in the manner, order and scope, when the functions and role previously performed by the Platform Operator and/or Security Agent are performed by a third party appointed by the Platform Operator; or

21.3.4. other relevant instructions aimed at facilitating the execution of the Loan Documents in circumstances where the Platform Operator and/or the Security Agent have ceased their activities or their bankruptcy has been declared.

21.4. The Platform Operator and/or the Security Agent may, for the purposes listed in Clause 21.3, provide the parties to the Loan Documents and/or the third party specified in Clause 21.3.3 of the Terms of Service with all relevant information about the other Party or Parties to the Loan Documents, including their contact details and current accounts data, as well as other information related to the Loan documents.

22. FINAL PROVISIONS

22.1. The Republic of Estonia is considered the place of performance of the Platform Operator’s obligations arising from these Terms of Service. In Lithuania, the place of performance of the obligations of the Platform operator arising from these Terms of Service provision is the Republic of Lithuania.

22.2. If it turns out that any of the provisions of these Terms of Service or any provision of the Loan Documents is void or otherwise invalid, this does not affect the validity of other provisions of these Terms of Service or the Loan Documents.

22.3. The information provided on the Platform is not intended to be provided or used by persons in a country where it is not permitted or where its permissibility is limited by laws or other legal acts.

22.4. These Terms of Service may be provided on the Platform in both English and other languages. In the event of a dispute regarding the meaning of any clause of these Terms of Service, the English language version of these Terms of Service provided on the Platform shall prevail over versions in other languages.