The document entitled "Terms of Service for the FlakeMails Service" (hereinafter referred to as the "Terms") delineates the terms and conditions governing the relationship between FlakeMails (hereinafter referred to as "FlakeMails," "the FlakeMails Service," or "The Service") and the service's customer (hereinafter referred to as the "customer," "user," "you," or "member").
1.1. FlakeMails provides the user with services through the FlakeMails service, subject to the terms outlined in this document.
1.2. The use of the FlakeMails service is governed by these Terms of Service, as well as the Privacy Policy. FlakeMails Terms of Service may be amended or supplemented by the administration without prior notification to users, and such changes take effect from the moment the document is published on the company's official website.
1.3. By accessing or using the Service in any manner, you hereby acknowledge and accept all of these Terms on your own behalf or on behalf of the entity you represent. These Terms shall remain in force throughout your use of the Service or any data obtained through the Service. You further represent and warrant that you possess the right, authority, and capacity to enter into these Terms on your own behalf or on behalf of the entity you represent. You also confirm that you are of legal age to form a legally binding contract, or if not, you have obtained permission from your parent or guardian to use the Service and have secured their agreement to these Terms on your behalf. If you are agreeing to these Terms on behalf of an organization or entity, you further represent and warrant that you are authorized to accept these Terms on behalf of that organization or entity and to bind them to these Terms. In such cases, the terms "you" and "your" within these Terms (excluding this sentence) refer to that organization or entity. If you do not agree to any of these terms, the administration reserves the right to deny your use of FlakeMails.
1.4. Services Offered
1.4.1. FlakeMails affords the user access to a range of specialized services, encompassing but not limited to email, SMS, Viber, Web Push, and chatbot campaigns designed for Facebook, Telegram, and WhatsApp. Additionally, FlakeMails provides SMTP services, email verification, FlakeMails Landing Pages for website/landing page creation, and a CRM system for the effective management of sales processes and communication channels.
As a user, you are entitled to the following privileges and resources:
1.4.1.1. Account registration for your chosen service, complete with the ability to modify billing plans or, if necessary, to delete the account.
1.4.1.2. Access to technical support for assistance. The option to procure supplementary services for an additional fee.
1.4.1.3. A commitment to safeguard your personal information, as well as the confidentiality of mailing lists uploaded to your customer account.
1.5. User Registration
1.5.1. The term "account" pertains to the user's personal dashboard within FlakeMails. Registration is a formal process completed on the official website https://flakemails.com/register
1.5.2. During the registration process, users are required to input personal information, including their name, email address, and telephone number. Additionally, they must set a password, which will subsequently serve as their means of access to the account. It is imperative that users refrain from sharing their username and password with any third party, as they bear full responsibility for the security of these credentials.
1.5.3. All personal information provided is subject to FlakeMails Terms of Service and Privacy Policy and may be utilized by our Service personnel for communication purposes, as outlined in the Privacy Policy.
1.5.4. Users are under an obligation to furnish valid information during the registration procedure. Failure to do so may result in the denial of service access for customers who submit inaccurate contact details. Our Service staff reserves the right to request clients to verify their personal information to ascertain its authenticity.
1.5.5. Please take note that the registration of multiple free accounts is strictly prohibited. One free account is sufficient for users to assess the features and capabilities of the Service.
1.6. Payment for Services
1.6.1. Upon the successful completion of the registration process, every customer of FlakeMails is automatically enrolled in the free plan offered by FlakeMails. By continuing as a free plan user, you signify your acceptance of the terms and email limitations associated with this plan. Transitioning to a paid plan or renewing your account indicates your satisfaction with the quality of our Service.
1.6.2. FlakeMails provides a range of billing plans, affording users the flexibility to switch to a more suitable plan at their convenience. All billing plan modifications and payments are conducted by the user within their respective accounts.
1.6.3. Payments for billing plans and additional services require 100% prepayment and adhere to the following procedure:
1.6.3.1. The user initiates the payment process on the official FlakeMails website or within their Service account.
1.6.3.2. Payment must be made exclusively through the designated payment methods approved by FlakeMails, including credit card, bank transfer for individuals.
1.6.3.3. Upon successful payment, the user's account will reflect the funds within 30 minutes (for electronic payments) or within three (3) working days in the case of legal entity invoices and bank transfers for individuals. Any additional services for which payment has been made will become accessible to the user once the payment is received.
1.6.3.4. Users who have paid for the service have a 30-day window from the date of payment to request a refund for any unused funds. The request for a refund must be accompanied by a valid reason. FlakeMails follows its Refund Policy when processing such requests.
1.6.4. For monthly subscriptions, an automatic renewal feature is activated. Users can manage this feature in their personal accounts.
1.6.5. In the case of a monthly SMTP subscription paid via a bank card, automatic plan upgrades are implemented when users exceed their email limits. This ensures an uninterrupted flow of transactional emails.
2.1. Account Creation
2.1.1. Upon successful registration, the user's account is automatically established. Subsequently, all activities related to emails, billing plans, and payments are managed through this account.
2.2. Personal Account Information
2.2.1. During the registration process, users provide a personal email address, which functions as their username, and a confidential password for accessing the Service. This information is securely encrypted and strictly confidential, safeguarded against disclosure to third parties.
2.2.2. Users are also requested to complete an extended form with personal details, which can be used when working with emails through "variable substitution." Information provided in this form is likewise subject to the Privacy Policy.
2.3. Account Management
2.3.1. All actions, such as sending emails, monitoring statistics, modifying billing plans, verifying email addresses, and creating campaign templates, are conducted by users within their accounts. Users can also upload contact information, including email addresses and phone numbers of campaign recipients, to establish address books. It's important to note that all uploaded contact information is considered the exclusive property of the user and is treated as confidential data, protected in accordance with FlakeMails's Privacy Policy.
2.3.2. The Service's administration holds the right to monitor user activity and, in the event of suspected spamming, temporarily block the user's account. All administrative actions are guided by the Anti-Spam Policy, which users acknowledge during account registration.
2.4. Account Deletion
2.4.1. Users retain the right to request the deletion of their account at any time. It's important to note that any remaining account funds will not be reimbursed unless special grounds for a refund are applicable. In rendering its decision, the FlakeMails service adheres to its Anti-Spam Policy. The company does not provide refunds to users who have been blocked due to violations of the Anti-Spam Policy.
2.4.2. FlakeMails reserves the right to suspend user accounts at its discretion, with or without cause. In cases of account inactivity for a period exceeding 24 months, the company may terminate the account, and no refunds for prepaid services will be granted. Upon termination of the account, users acknowledge and accept that FlakeMails may permanently delete the account and all associated data. Once an account is terminated, the username used will not be available for use in future accounts.
3.1. Overview of FlakeMails Services
3.1.1. FlakeMails provides a comprehensive service, encompassing features for email, SMS, Viber, Web Push, and chatbot campaigns across platforms like Facebook, Telegram, and WhatsApp. Additionally, it offers an SMTP service, email verification service, FlakeMails Landing Pages for website/landing page creation, and a CRM system for managing sales processes and communication channels. Access to these services is facilitated through the user's customer account.
3.2. Creation of Marketing Campaigns
3.2.1. Marketing campaigns involve the creation of communications, recipient lists, and the dispatching process to subscribers. Users design templates for these communications by selecting options provided by the Service, incorporating images, and composing texts.
3.2.2. Users are solely responsible for the content of their mailings, which must adhere to the guidelines set by the Service's Anti-Spam Policy. Failure to comply may lead to the suspension of the user's account until the matter is resolved.
3.3. Mailing Lists
3.3.1. FlakeMails users are authorized to send communications exclusively to individuals who have explicitly granted consent to receive such communications. Users must personally acquire recipient consent, providing evidence if requested by the Service administration.
3.3.2. Before launching email campaigns, users may utilize the FlakeMails verification service (referred to as "email verifier") to validate mailing lists, identifying and filtering out invalid and non-existent email addresses. This service is designed for informational purposes and does not guarantee the absolute accuracy of the information obtained through email verification.
3.3.3. While email address verification increases the likelihood of meeting moderation requirements when sending email campaigns, it does not guarantee compliance, as senders must also adhere to other stipulations of the Anti-Spam Policy.
3.3.4. The Service prohibits messaging to email addresses labeled "invalid" following validation.
3.3.5. Users must ensure that subscribers have the means to opt out of further communications, typically through an unsubscribe link in the email. Users are further obligated to either add unsubscribers to a designated list or remove their contact details, as requested by individuals opting out of emails.
3.3.6. Utilizing unlawfully obtained subscriber databases and disseminating spam through the FlakeMails service are strictly prohibited.
3.4. Dispatching Marketing Campaigns
3.4.1. Email, SMS, Viber, Web Push, and chatbot campaigns for Facebook, Telegram, and WhatsApp, generated by users, are scheduled for delivery through the FlakeMails Service. Each campaign undergoes a moderation process and is queued for dispatch.
3.4.2. Moderation involves a review of emails by Service personnel to verify the legitimacy of the subscriber base and ensure that email content adheres to all rules and regulations outlined in the Anti-Spam Policy.
3.4.3. The duration for moderation and email delivery is capped at a maximum of 24 hours.
3.4.4. If an email fails moderation, the user is notified, and corrective measures are initiated to address the issues preventing dispatch. In severe cases, the user's account may be temporarily blocked pending investigation.
3.4.5. Each email must include an unsubscribe link, allowing subscribers to opt out of further communications. This link cannot be removed or concealed. Failure to comply is considered a breach of the Terms of Service.
3.5. Delivery of Marketing Campaigns
3.5.1. The timing of campaign deliveries is subject to various factors, and FlakeMails cannot be held responsible for undelivered or delayed campaigns. Possible reasons include:
3.5.1.1. Recipient's mobile device is powered off or out of the mobile operator's coverage area.
3.5.1.2. Recipient's email service employs the greylisting spam-blocking method, reporting its refusal to accept the email.
3.5.1.3. Email content may be flagged as spam by the recipient's email service based on the server's Anti-Spam Policy and its interpretation of the term "spam."
3.5.1.4. Recipient's inbox may be full, or the recipient's email server may be encountering technical issues.
3.5.1.5. The recipient's email server may reject the email due to the presence of blocked links (e.g., URLs on a blacklist or graylist).
3.5.1.6. Unforeseen natural conditions or force majeure circumstances may prevent email delivery, affecting the functionality of FlakeMails's hardware and software.
3.6. Web Push Notifications
3.6.1. FlakeMails provides core features of web push notifications for free if your subscriber database contains fewer than 10,000 entries.
3.6.2. If you have not utilized the web push service for an extended period, records associated with your website and subscribers may be removed, especially if there have been no recent subscriptions or notifications in the last six months.
4.1. FlakeMails offers a range of supplementary services that extend beyond the core features of the platform. These additional services include:
4.1.1. Designer Services: Tailoring bespoke layouts for branded email designs.
4.1.2. Email Address Verification: A service to validate email addresses.
4.1.3. Website and Landing Page Creation: The ability to construct and publish websites and landing pages.
4.1.4. CRM System: Tools designed for the effective management of sales processes and communication channels.
4.2. Access to these supplementary services involves additional charges on top of the selected pricing plan (excluding the free plan). Users can find detailed terms for these services either on the official company website (in the terms of service section for various offerings) or within dedicated documentation on supplementary services available in their FlakeMails account.
5.1. Mandatory Requirements:
5.1.1. Maintain Confidentiality: Safeguard the confidentiality of their account username and password to prevent unauthorized access.
5.1.2. Provide Accurate Information: Furnish accurate personal information to the Service.
5.1.3. Verify Data Validity: Assume responsibility for the validity of all data uploaded to their Service accounts.
5.1.4. Ethical Use of Databases: Avoid using purchased or unlawfully obtained subscriber databases for email communication.
5.1.5. Avoid Spam: Refrain from using the Service's online platform for sending unsolicited messages (spam).
5.1.6. Compliance with Policies: Create emails following the guidelines outlined in the Anti-Spam Policy and the Terms of Service. In case of violations, the administration reserves the right to suspend or permanently delete the user's account until resolved.
5.1.7. Provide Unsubscribe Options: Offer recipients the option to unsubscribe from emails at any time.
5.1.8. Courteous Communication: Engage in courteous and respectful communication when interacting with Service personnel.
5.2. User's Right to Decline Acceptance:
5.2.1. Users have the right to decline acceptance of the Service's Terms, resulting in denied access to FlakeMails.
5.3. Ownership and Permissions
5.3.1. Users affirm and guarantee ownership or necessary permissions for all materials in their emails. Users maintain ownership of uploaded materials.
5.4. Use or Disclosure of Information
5.4.1. Use or disclosure of information is limited to the specifications in these Terms and the Privacy Policy.
5.5. Compliance with Applicable Laws
5.5.1. Users guarantee that their Service utilization complies with all applicable laws and regulations, determining compliance with regulations applicable to their use. The Service may not be used for unlawful or discriminatory activities.
5.6. Data Handling Compliance
5.6.1. Users affirm that, in creating mailing lists, dispatching campaigns, and collecting post-campaign information:
5.6.1.1. Transparent Data Usage: Provide a clear, written description of data usage intentions, obtaining explicit consent for data transmission to FlakeMails and adhering to posted privacy policies.
5.6.1.2. Compliance with Laws: Adhere to relevant data protection, electronic communication, and privacy laws in countries where communications are transmitted.
5.6.1.3. Data Handling Compliance: Collect, store, use, and transfer data in compliance with relevant data protection laws and regulations, securing necessary permissions for processing data on behalf of individuals.
5.6.1.4. Indemnification: Agree to indemnify and hold FlakeMails harmless against losses, including legal fees, arising from breach of these warranties.
6.1. Obligations of FlakeMails:
6.1.1. FlakeMails is obligated to promptly provide users access to the online platform upon their registration for the Service, adhering to the terms outlined in the Terms of Service.
6.1.2. The service commits to furnishing users with the essential tools for creating and dispatching email, SMS, Viber, Web Push, and chatbot campaigns for various platforms, including Facebook, Telegram, and WhatsApp.
6.1.3. Ensuring uninterrupted access to the online platform through the user's selected username and password is a paramount responsibility of FlakeMails.
6.1.4. Users are afforded the opportunity to evaluate the Service before committing to payment for its offerings.
6.1.5. The provision of a diverse range of billing plans is extended to users, allowing flexibility in their selection.
6.1.6. FlakeMails undertakes the responsibility of informing users about any modifications to billing plans.
6.2. Administrative Authority:
6.2.1. The administration reserves the right to make alterations to the interface and functionality of the FlakeMails online platform and billing plans. Users will be duly notified of these updates via email.
6.2.2. The administration retains the unilateral authority to amend the Terms of Service for the FlakeMails service without prior notification to the user. Such revisions become effective upon publication on the official website of the company.
7.1. Authority and Prohibited Actions:
7.1.1. The FlakeMails administration holds the authority to prohibit or restrict users from engaging in actions that violate the Terms of Service. This includes activities listed below or any actions perceived by Service personnel as violations of the FlakeMails service's Terms of Service. The service may cease provision of its services unilaterally at its discretion without providing an explanation.
7.2. Prohibited Actions:
7.2.1. Uploading or utilizing lists of email addresses or telephone numbers obtained through unlawful means, including specialized programs for contact information retrieval, is strictly prohibited.
7.2.2. Sending web push notifications via API when the shared link domain differs from the sender's domain is not allowed.
7.2.3. Storing, processing, or disseminating information contrary to the Anti-Spam Policy of the Service or violating the laws of England or the recipient's country is prohibited.
7.2.4. Attempting to collect information from the Service or the company's official website is strictly forbidden and subject to punishment.
7.2.5. Copying or utilizing any part of the Service or its access for commercial purposes is prohibited.
7.2.6. Sharing account access credentials with a third party or registering under another person's name without their knowledge and consent is not allowed.
7.2.7. Using any means, including fraudulent or illegal methods, to obtain the personal information of other FlakeMails customers is prohibited.
7.2.8. Sending emails to recipients who have not provided consent for such communications or distributing information that infringes upon an individual's rights and freedoms is not permitted.
7.3. Services Restriction for Russian Federation Users:
7.3.1. FlakeMails does not extend its services to users from the Russian Federation. Such users are prohibited from registration, have limited access to the Service, and are not entitled to customer support. Campaigns associated with businesses in Russia may be blocked without explanation.
8.1. User Responsibilities and Understanding:
8.1.1. The administration of the Service explicitly disclaims any responsibility for user actions resulting from a failure to comprehend or a misinterpretation of the Terms of Service for the FlakeMails service.
8.2. User Liability and Limitation of Damages:
8.2.1. To the fullest extent permitted by law, users bear sole liability for any losses arising from their use of the Service, including any downloads from the Service. The service shall not be held responsible for any indirect, punitive, special, or consequential damages under any circumstances, even in cases of negligence or if informed of the possibility of such damages. The total liability for all claims related to the service in any given month shall not exceed the amount paid by the user for the Service in the previous month.
8.3. No Warranties and Service "As Is":
8.3.1. To the maximum extent allowed by law, we provide the materials and the Service "as is." This implies that no warranties, whether express or implied, including but not limited to merchantability and fitness for a particular purpose, are offered. Given the diverse purposes for which our customers use FlakeMails, we cannot guarantee that it will meet specific requirements.
8.4. Accuracy and User Responsibility:
8.4.1. The FlakeMails service does not assure the accuracy of information received by campaign recipients through its Service. The Service exclusively provides tools and services for sending bulk email, SMS, Viber, Web Push, and chatbot campaigns for platforms like Facebook, Telegram, and WhatsApp. Users are accountable for the legality and accuracy of any information sent through the Service. The Service's administration retains the right to hold users accountable for actions deemed to violate FlakeMails Terms of Service.
9.1. General Conditions
9.1.1. We believe in the effectiveness of email, SMS, Viber, Web Push, and chatbots for Facebook, Telegram, and WhatsApp to deliver valuable and solicited information and firmly oppose sending unsolicited messages.
9.1.2. Every registered FlakeMails user is free to send campaigns to their friends, family, colleagues, clients, and contacts using our Service.
9.1.3. FlakeMails strictly prohibits the transmission of SPAM messages through our Service at all times.
9.2. Our Definition of Illegally Collected Mailing Lists
9.2.1. A mailing list is considered legitimate if the recipient has given their consent to receive email messages.
9.2.2. Unlawful methods of acquiring mailing lists include:
9.2.2.1. Procuring or purchasing email addresses and phone numbers from a third party.
9.2.2.2. Collecting email addresses and phone numbers from sources like Yellow Pages, online directories, etc.
9.2.2.3. Using information extraction software to obtain email addresses and phone numbers.
9.2.2.4. Gathering email addresses from business cards and questionnaires.
9.2.2.5. Collecting email addresses during phone conversations with customers, a practice sometimes employed by sales managers.
9.2.2.6. Compiling email addresses that reflect recipient roles, such as [email protected] or [email protected], among others.
9.2.3. We reserve the right to request information about the method used by a user to add contacts to their mailing list.
9.3. Our Definition of Spam
9.3.1. We consider SPAM to be any unsolicited, unexpected, or unwanted message sent to recipients with the intent of coercing valuables, misleading, or without their prior consent.
9.3.2. Messages must adhere to the following principles:
9.3.2.1. No false, invalid, or misleading information is to be included in the subject line or the body of the message when using FlakeMails.
9.3.2.2. Messages should not be sent to recipients without their explicit prior consent.
9.3.2.3. The content of the message must transparently convey or illustrate the promoted service.
9.3.2.4. Marketing campaigns must clearly identify the service provider (originator) and state the associated costs of the promoted service.
9.3.4. Sending messages to unlawfully gathered mailing lists via FlakeMails SMTP servers is strictly forbidden. Additionally, using a sender's email address registered as a temporary email address with any service is prohibited.
9.4. Our Definition of SMS Spam
9.4.1. We classify SMS spam as any unsolicited, unexpected, or unwanted SMS text message sent to mobile subscribers with the intention of extracting valuables or misleading them, originating from someone not authorized to have the recipient's mobile number.
9.4.2. Users are explicitly prohibited from using the FlakeMails Service to transmit SPAM. Their SMS messages must adhere to the following principles:
9.4.2.1. The body of the SMS message when using FlakeMails must not contain false, invalid, or misleading information.
9.4.2.2. SMS messages must not be sent to mobile subscribers without their explicit prior consent.
9.4.2.3. The content of the message must transparently convey or illustrate the promoted service.
9.4.2.4. Marketing campaigns must clearly identify the service provider (originator) and state the associated costs of the promoted service.
9.4.3. Sending messages to unlawfully gathered mailing lists via FlakeMails SMS servers is strictly prohibited.
9.5. Prohibited Content
9.5.1. Our Service unequivocally prohibits spam or any form of offensive or illegal content, including:
9.5.1.1. Email, SMS, Viber, Web Push, Facebook, Telegram, and WhatsApp chatbot campaigns that violate the CAN-SPAM Act.
9.5.1.2. Sexually explicit messages.
9.5.1.3. Hate speech.
9.5.1.4. Marketing campaigns directed at a list of individuals without their consent.
9.5.2. We meticulously review each profile to ensure alignment with our Terms of Service, crucial for maintaining deliverability across our client base. Certain industries or niches may generate a higher volume of abuse and spam complaints, impacting the reputation of our servers.
9.5.3. The Service does not accept campaigns or host websites associated with services, products, or content such as:
9.5.3.1. Escort and dating services.
9.5.3.2. Online and direct pharmaceutical sales, encompassing health and sexual well-being products, prescription and counterfeit drugs.
9.5.3.3. Work-from-home, get-rich-quick, and lead generation schemes.
9.5.3.4. Online trading, day trading tips, or content related to the stock market, including stock message board promotions.
9.5.3.5. Pyramid schemes or multi-level channel, network, and referral marketing (MLM) used for prospecting or recruiting.
9.5.3.6. Affiliate marketing.
9.5.3.7. Debt collection, credit repair, and debt relief services.
9.5.3.8. Mortgages and loans.
9.5.3.9. Nutritional, herbal, and vitamin supplements.
9.5.3.10. Adult novelty items or references.
9.5.3.11. List brokers or list rental services.
9.5.3.12. Illegal goods, pirated software, or media.
9.5.3.13. Odds-making and betting/gambling services, including online poker, casino games, and college and professional sporting events.
9.5.3.14. Political parties and organizations.
9.5.3.15. Tobacco products.
9.5.3.16. Alcohol products.
9.5.3.17. Any religious content.
9.5.4. The content of your email campaign must align clearly with your sender email address and domain. FlakeMails's administration vigilantly monitors the status of its IP addresses and domains on popular RBL services. Email campaigns leading to blacklisting of any of the Service's IP addresses or domains will result in immediate suspension.
9.6. Anti-Spam Policy Enforcement
9.6.1. Evidence of users not adhering to this Anti-Spam Policy will lead to an immediate cessation of their spam message transmission, suspension of the Service, and may involve freezing of all funds until the matter is resolved.
9.7. Your Right to Cancel / Money Back Guarantee
9.7.1. You may cancel your account subscription within the FlakeMails Service until you have sent 200 email messages. Exceeding this limit considers the user account fully active, and no refund will be applicable.
9.7.2. If your account is canceled or suspended due to SPAM complaints, no refund will be granted. Further details can be found in our Refund Policy.
9.7.3. Ensure all recipients are permission-based emails (opt-in emails), consenting to receive email messages from you.
9.7.4. Sending emails to a list generated automatically by email extraction software or using purchased email addresses for bulk mailings is strictly prohibited.
9.7.5. Your email must comply with the CAN-SPAM Act, including a valid physical address in each email sent for advertising, commercial, or informational purposes.
9.7.6. We reserve the right to cease providing service and block user accounts in response to excessive complaints from a single email campaign.
9.7.7. Inactive accounts, unused for 9 months, may be considered inactive, potentially leading to service cessation and account deletion.
9.7.8. Accounts blocked due to excessive complaints are not eligible for a refund. The allowable threshold for non-existing addresses is 7%. If the number of non-valid addresses exceeds this threshold, an email campaign may be blocked. Verify email addresses before sending campaigns.
9.7.9. When sending bulk email messages, an acceptable level of complaints is defined as no more than 0.4% per sender domain for a single campaign. Factors such as email volume, complaint ratios, and complaint types are considered. The number of unsubscribes should not exceed 1% of the mailing list. Exceeding the permitted threshold may result in account termination without a refund.
9.8. Reporting SPAM and Abuses
9.8.1. Report instances of abuse or unsolicited messages promptly to [email protected], providing the spam email, date, and time of receipt.
9.8.2. Email addresses receiving spam complaints will be temporarily suspended until the situation is investigated and resolved.
10.1. Governing Law: The association between the company and the user, pertaining to the provision of FlakeMails services, is subject to the laws of Hungary, disregarding its conflicts of laws provisions.
10.2. Dispute Resolution and Jurisdiction: Any dispute or claim arising from or relating to these Terms, their subject matter, or formation will be subject to and interpreted in accordance with the laws of Hungary. Each party agrees unconditionally that the courts of England shall possess exclusive jurisdiction to settle any dispute or claim, including those of a non-contractual nature, arising from or in connection with this Agreement or its subject matter or formation.