Naudojimo sąlygos

2. Definitions

• "Platform" or "Statum" means the software-as-a-service property management platform operated by AFKzona Group MB, including its sub-products Bendrijoms, Rentals, Commercial, and Developments.
• "Account" means the registered user profile created to access the Platform.
• "Organization" means the legal entity, building association (bendrija), or business entity registered on the Platform by an Administrator.
• "Administrator" means a User with organizational management rights, typically a building administrator or property manager.
• "Resident" or "Owner" means a natural person who is a member of a building association or property owner using the Platform.
• "Tenant" means a natural person renting property managed through the Platform.
• "Contractor" means a service provider engaged through the Platform to perform maintenance or other services.
• "Subscription" means the paid access plan selected by the Organization for use of the Platform.
• "Personal Data" means any information relating to an identified or identifiable natural person, as defined in Article 4(1) of Regulation (EU) 2016/679 (GDPR/BDAR).
• "Content" means all data, text, files, documents, images, and other materials uploaded to or generated within the Platform.
• "B2B User" means an Organization or its Administrator acting in a professional capacity.
• "B2C User" or "Consumer" means a natural person using the Platform for purposes outside their trade, business, or profession, as defined by the Lithuanian Consumer Rights Protection Law.

3. Eligibility & Account Registration

3.1 Age Requirement. You must be at least 14 years of age to create an account on the Platform, in accordance with Lithuanian law. If you are between 14 and 18 years of age, you may only use the Platform with the consent of a parent or legal guardian.

3.2 Account Creation. To access the Platform, you must register for an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Authority. If you register on behalf of an Organization, you represent and warrant that you have the legal capacity and authority to bind that Organization to these Terms, in accordance with Articles 2.133–2.137 of the Lithuanian Civil Code.

3.4 One Account Per Person. Each natural person may maintain only one account. Organizations may have multiple authorized users.

4. Description of Services

4.1 Statum is a cloud-based property management platform designed for the Lithuanian market. The Platform offers the following products:

• Bendrijoms — Management tools for homeowners' associations (bendrijos), including financial accounting, resident communication, voting, document management, and maintenance coordination.
• Rentals — Rental property management including tenant onboarding, lease tracking, payment collection, and maintenance requests.
• Commercial — Commercial property management for offices, retail spaces, and mixed-use buildings.
• Developments — Project management tools for new construction and renovation projects.

4.2 The specific features available to you depend on your Subscription plan and user role. We reserve the right to modify, enhance, or discontinue features with reasonable notice.

4.3 The Platform relies on third-party infrastructure and services, including but not limited to AWS (cloud infrastructure), Stripe (payment processing), and Google (address services and email delivery). Your use of these services through the Platform is additionally subject to their respective terms.

5. Subscription Plans, Billing & Payment

5.1 Plans. Access to the Platform is provided through subscription plans as described on our pricing page. Plan features, limitations, and pricing are subject to change with at least 30 days' prior written notice.

5.2 Billing Cycle. Subscriptions are billed on a recurring monthly or annual basis, depending on the plan selected. The billing cycle begins on the date of subscription activation.

5.3 Payment. All payments are processed through Stripe. You authorize us to charge the payment method on file for all applicable fees. All prices are displayed and charged in euros (EUR) and are exclusive of VAT unless otherwise stated.

5.4 Late Payment. If payment fails or is overdue, we may restrict access to the Platform after providing 7 days' written notice. Repeated payment failures may result in account suspension under Section 15. Interest on overdue amounts shall accrue at the rate specified in Article 6.210 of the Lithuanian Civil Code.

5.5 Refunds. Refunds are handled on a case-by-case basis. Consumer withdrawal rights are described in Section 17.

5.6 Taxes. You are responsible for all applicable taxes associated with your use of the Platform, except for taxes based on AFKzona Group's net income.

6. Trial Period

6.1 We may offer a free trial period for new Organizations. The duration and features of the trial will be communicated at the time of registration.

6.2 During the trial period, the Platform is provided "as is" without any service level commitments. At the end of the trial, you must select a paid Subscription to continue using the Platform.

6.3 If you do not subscribe at the end of the trial, your account and associated data may be retained for 30 days, after which it may be permanently deleted.

6.4 Each Organization is eligible for one trial period only. We reserve the right to deny a trial to any Organization at our sole discretion.

7. Data Processing Agreement (DPA Provisions)

7.1 Roles. When processing Personal Data on behalf of an Organization, AFKzona Group acts as a Data Processor within the meaning of Article 4(8) of the GDPR (Regulation (EU) 2016/679, referred to in Lithuanian law as BDAR). The Organization acts as the Data Controller.

7.2 Processing Purpose. We process Personal Data solely for the purpose of providing the Services as instructed by the Data Controller, and in compliance with these Terms and applicable data protection legislation.

7.3 Sub-processors. We may engage sub-processors (including AWS, Stripe, and Google) to assist in delivering the Services. A current list of sub-processors is available upon request. We will notify Data Controllers of any changes to sub-processors with at least 14 days' notice.

7.4 Security Measures. We implement appropriate technical and organizational measures to protect Personal Data against unauthorized access, loss, destruction, or alteration, in accordance with Article 32 of the GDPR.

7.5 Data Breach Notification. In the event of a Personal Data breach, we will notify the affected Data Controller without undue delay and no later than 48 hours after becoming aware of the breach, in accordance with Article 33 of the GDPR.

7.6 Data Subject Rights. We will assist Data Controllers in fulfilling their obligations to respond to data subject requests (access, rectification, erasure, portability, restriction, and objection) as required under Articles 15–22 of the GDPR.

7.7 International Transfers. Personal Data is primarily stored within the European Economic Area (EEA). Where transfers outside the EEA are necessary, we ensure appropriate safeguards are in place as required by Chapter V of the GDPR.

7.8 For individual users who are not part of an Organization, AFKzona Group acts as the Data Controller. Our Privacy Policy describes how we collect and process your Personal Data in that capacity.

8. User Responsibilities

8.1 Data Accuracy. You are responsible for ensuring the accuracy, completeness, and timeliness of all data you enter into the Platform, including but not limited to organizational records, financial data, resident information, and property details.

8.2 Legal Compliance. You are responsible for ensuring that your use of the Platform complies with all applicable Lithuanian and EU laws, including but not limited to data protection regulations (GDPR/BDAR), anti-money laundering requirements, and building management legislation.

8.3 Account Security. You must maintain the security of your account credentials, enable multi-factor authentication when available, and promptly notify us at info@afkzona.lt of any unauthorized access or security breach. You are liable for all activity under your account.

8.4 Data Backups. While we maintain regular backups, you are encouraged to maintain your own copies of critical data. We are not liable for data loss resulting from your failure to maintain adequate backups.

8.5 Lawful Data Collection. Organizations (as Data Controllers) are responsible for ensuring they have a valid legal basis for collecting, storing, and processing Personal Data of residents, tenants, owners, and contractors through the Platform.

9. Acceptable Use Policy

You agree not to use the Platform to:

• Violate any applicable local, national, or international law or regulation.
• Upload, transmit, or store any content that is unlawful, defamatory, threatening, harassing, or otherwise objectionable.
• Attempt to gain unauthorized access to the Platform, other user accounts, or connected systems or networks.
• Interfere with or disrupt the integrity or performance of the Platform or its infrastructure.
• Use automated means (bots, scrapers, crawlers) to access the Platform without our prior written consent.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
• Resell, sublicense, or redistribute access to the Platform without our prior written consent.
• Upload malicious software, viruses, or any code designed to damage or compromise the Platform.
• Use the Platform to send spam, unsolicited communications, or bulk messages to residents or tenants.
• Impersonate another person or entity or misrepresent your affiliation with a person or entity.
• Process Personal Data in a manner that violates the GDPR/BDAR or other applicable data protection laws.

We reserve the right to investigate and take appropriate action against any violation of this policy, including account suspension or termination under Section 15.

10. Intellectual Property

10.1 Platform Ownership. The Platform, including its source code, design, architecture, documentation, trademarks, logos, and all related intellectual property, is and remains the exclusive property of AFKzona Group MB. These Terms do not grant you any ownership interest in the Platform.

10.2 License to Use. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for the duration of your Subscription.

10.3 Your Content. You retain ownership of all Content you upload to the Platform. By uploading Content, you grant us a limited license to host, store, process, and display that Content solely for the purpose of providing the Services.

10.4 Feedback. If you provide us with suggestions, ideas, or feedback regarding the Platform, you grant us an irrevocable, royalty-free, worldwide license to use and incorporate such feedback without obligation to you.

10.5 Aggregated Data. We may collect and use anonymized, aggregated data derived from your use of the Platform for purposes of improving the Services, generating benchmarks, and conducting research. Such data will not identify you or any individual.

11. Confidentiality

11.1 Each party agrees to hold in confidence and not disclose to third parties any Confidential Information received from the other party. "Confidential Information" means all non-public information disclosed by one party to the other, whether orally, in writing, or electronically, that is designated as confidential or that reasonably should be understood to be confidential.

11.2 Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of the disclosing party's Confidential Information; or (d) is received from a third party without breach of any obligation of confidentiality.

11.3 A party may disclose Confidential Information where required by law or court order, provided it gives the other party reasonable prior written notice where legally permitted.

11.4 The obligations of confidentiality survive termination of these Terms for a period of three (3) years.

12. Availability & Service Level Agreement

12.1 Uptime Commitment. We commit to maintaining Platform availability of at least 99.5% measured on a monthly basis, excluding scheduled maintenance windows and force majeure events.

12.2 Scheduled Maintenance. We will provide at least 48 hours' advance notice of scheduled maintenance that may affect Platform availability. Maintenance will be scheduled during off-peak hours (typically between 02:00 and 06:00 EET) whenever possible.

12.3 Incident Response. We will use commercially reasonable efforts to respond to critical incidents (complete service outage) within 1 hour and to resolve them within 8 hours.

12.4 Service Credits. If monthly uptime falls below 99.5%, affected Organizations may request a service credit equal to 5% of the monthly subscription fee for each full 1% of downtime below the commitment, up to a maximum of 30% of the monthly fee.

12.5 SLA commitments do not apply during trial periods, beta features, or where downtime results from factors outside our reasonable control, including internet connectivity issues, third-party service failures, or your own systems.

13. Limitation of Liability

13.1 To the maximum extent permitted by Lithuanian law, AFKzona Group's total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim.

13.2 To the maximum extent permitted by law, AFKzona Group shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, even if we have been advised of the possibility of such damages.

13.3 Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be lawfully excluded or limited under Lithuanian law, including mandatory consumer protection rights.

13.4 The Platform is provided for property management purposes. We are not liable for any decisions made or actions taken based on information provided through the Platform, including financial calculations, legal obligations, or regulatory compliance.

14. Indemnification

14.1 You agree to indemnify, defend, and hold harmless AFKzona Group MB, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your Content or data uploaded to the Platform; or (e) your infringement of any third-party rights.

14.2 This indemnification obligation does not apply to B2C Users to the extent prohibited by Lithuanian consumer protection law.

15. Suspension & Termination

15.1 Termination by You. You may terminate your account at any time by providing written notice to info@afkzona.lt or through the account settings in the Platform. Termination takes effect at the end of the current billing period. No refunds are provided for unused portions of a billing period, except as required by Lithuanian consumer protection law.

15.2 Suspension by Us. We may suspend your access to the Platform immediately and without prior notice if: (a) you breach these Terms in a manner that poses a security risk to the Platform or other users; (b) your account is used for illegal activity; or (c) suspension is required by law or a court order.

15.3 Suspension for Non-Payment. We may suspend access for non-payment after providing 7 days' written notice and an opportunity to cure the default.

15.4 Termination by Us. We may terminate your account with 30 days' written notice for: (a) material breach of these Terms that is not cured within 14 days of notice; (b) repeated violations of the Acceptable Use Policy; (c) discontinuation of the Service (in which case we will provide at least 90 days' notice).

15.5 Upon termination, your right to access the Platform ceases immediately, subject to data export rights described in Section 16.

16. Data Upon Termination

16.1 Data Export. Upon termination, you have 30 days to export your Content and data from the Platform. We will provide data export functionality in standard machine-readable formats (CSV, JSON, or PDF as applicable).

16.2 Data Retention. After the 30-day export period, we will delete your Content within 90 days, unless retention is required by law, regulatory obligations, or the resolution of pending disputes.

16.3 Backups. Copies of your data may persist in encrypted backups for up to 180 days after deletion, after which they will be permanently removed through the normal backup rotation cycle.

16.4 Upon request, we will provide a certificate of data deletion to the Organization's designated Administrator.

17. Consumer Rights & Withdrawal

17.1 Applicability. This section applies exclusively to B2C Users (Consumers) as defined by the Lithuanian Consumer Rights Protection Law (Vartotojų teisių apsaugos įstatymas).

17.2 Right of Withdrawal. If you are a Consumer who has entered into a distance contract for the Platform, you have the right to withdraw from the contract within 14 calendar days from the date of contract conclusion, without giving any reason, in accordance with Article 6.228(10) of the Lithuanian Civil Code and Directive 2011/83/EU.

17.3 Exercise of Withdrawal. To exercise the right of withdrawal, you must inform us of your decision by a clear statement sent to info@afkzona.lt. You may use the model withdrawal form provided by the State Consumer Rights Protection Authority (VVTAT), but it is not obligatory.

17.4 Effects of Withdrawal. Upon valid withdrawal, we will reimburse all payments received from you without undue delay and no later than 14 days from the day we are informed of your decision to withdraw. Reimbursement will be made using the same payment method used for the original transaction.

17.5 Exception for Digital Content. In accordance with Article 6.228(10)(12) of the Lithuanian Civil Code, the right of withdrawal may not apply if you have expressly consented to the provision of digital content before the expiry of the withdrawal period and have acknowledged that you thereby lose your right of withdrawal. You will be asked for such consent during the subscription process.

17.6 Consumer Complaints. Consumers may submit complaints directly to us at info@afkzona.lt. We will respond to consumer complaints within 14 days. If the dispute is not resolved, you may contact the State Consumer Rights Protection Authority (VVTAT) or use the European Online Dispute Resolution platform at https://ec.europa.eu/odr.

18. Dispute Resolution

18.1 Amicable Resolution. The parties agree to first attempt to resolve any disputes arising from or in connection with these Terms through good-faith negotiations. Either party may initiate the negotiation process by sending written notice to the other party.

18.2 Jurisdiction. If a dispute cannot be resolved amicably within 30 days, it shall be submitted to the competent courts of the Republic of Lithuania. For B2B disputes, the exclusive venue shall be the courts of Vilnius, Lithuania.

18.3 Consumer Disputes. For B2C Users, disputes may also be resolved through: (a) the State Consumer Rights Protection Authority (Valstybinė vartotojų teisių apsaugos tarnyba, VVTAT), Vilniaus g. 25, LT-01402 Vilnius, www.vvtat.lt; or (b) the European Online Dispute Resolution platform at https://ec.europa.eu/odr. Consumer rights to bring claims in the courts of their place of residence, as provided by Lithuanian law, are not affected by these Terms.

18.4 Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to its conflict of law provisions. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. For Consumers, mandatory consumer protection provisions of Lithuanian law apply regardless of any choice-of-law clause.

20. Changes to Terms

20.1 We reserve the right to modify these Terms at any time. Material changes will be communicated to you at least 30 days before they take effect, via email notification to the address associated with your account and through a notice on the Platform.

20.2 Your continued use of the Platform after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree with the changes, you must stop using the Platform and terminate your account before the changes take effect.

20.3 The current version of these Terms is always available on the Platform. Previous versions are maintained in our records and available upon request.

21. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent, or if that is not possible, it shall be severed from these Terms.