Terms and Conditions for CAKTO Buyers

Cakto Commerce OÜ  

Harju maakond, Tallinn  

Kesklinna linnaosa  

Tartu mnt 67/1-13b  

10115  

Estonia

1. Introduction, Scope and Acceptance

These Terms and Conditions (the “Terms”) form a legally binding agreement between each individual person or legal entity (“You”, “Your”, or “Buyer”) and Cakto Commerce OÜ, a private limited company duly incorporated and existing under the laws of the Republic of Estonia, with its registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Tartu mnt 67/1-13b, 10115, Estonia (“Cakto Commerce OÜ”, “CAKTO”, “we”, “our” or “us”). These Terms apply whenever a Buyer accesses or uses the Platform.
The CAKTO platform is available at https://www.cakto.me and any subdomains, applications, integrations, APIs, or affiliated websites (collectively, the “Platform”). For convenience, the Platform and all related features, tools, and services (including payment flows and platform services) are collectively referred to as the “Services”.

Please read these Terms together with our Privacy Policy carefully, as they govern the purchase of products and services and the use of the Services, regardless of how You access them (including via computer, mobile device, or otherwise), whether directly through the Services or through any third-party website that links to them, and regardless of whether You are registered as a buyer.

CAKTO acts as the Merchant of Record and as the seller vis-à-vis the Buyer for all digital products and services offered through the Services. When You purchase a product or service through the Platform, You purchase it directly from CAKTO. There is no momentary or “flash” transfer of title. Ownership of the product, or the applicable license to access digital content, is transferred directly from CAKTO to the Buyer upon delivery or access. Independent sellers act solely as suppliers of content or services to CAKTO.

CAKTO may rely on independent suppliers (“Suppliers”) for the operational execution, delivery, or performance of certain digital products, educational content, or services made available through the Platform. Notwithstanding any such outsourcing or delegation, CAKTO, as the Merchant of Record, remains solely and fully responsible to the Buyer for the proper fulfillment of the transaction, including access, delivery, performance, support, refunds, and any consumer-related claims. The Buyer’s contractual relationship regarding fulfillment is exclusively with CAKTO.
By placing an order, creating an account, opting into purchases with one click, or otherwise using the Services, You acknowledge and agree to be bound by these Terms and by the CAKTO Privacy Policy, together with any policies incorporated by reference.

If You do not agree to these Terms, You must not use the Services or complete any transaction through the Platform.

You represent and warrant that You are of legal age and have full legal capacity to enter into a binding agreement under applicable law. If You use the Services or purchase products on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind such entity to these Terms, and references to “You” or “Your” shall refer to that entity.

2. Changes to These Terms or the Services

We may revise these Terms from time to time, at our sole discretion, and without prior notice. The most current version will be made available on the Platform. You are responsible for reviewing the Terms before using the Services or completing a purchase.

Your continued use of the Services after updated Terms become effective constitutes Your acceptance of those changes.

Because the Services are continuously evolving, CAKTO may modify, suspend, or discontinue all or any part of the Services at any time, with or without notice.

3. Feedback

We welcome feedback, comments, ideas, proposals, and suggestions to improve the Services (“Feedback”). If You choose to submit Feedback, You agree that CAKTO may use such Feedback without restriction or compensation to You.

4. Orders; Acceptance; Formation of Contract

All purchases made through the Platform are made directly from Cakto Commerce OÜ, which acts as the Merchant of Record and seller vis-à-vis the Buyer.
If You are a buyer, Your order constitutes an offer to purchase the products and/or services listed in Your order under these Terms.

All orders are subject to acceptance by CAKTO. We may, at our sole discretion, refuse or limit orders, limit quantities, extend delivery timelines when reasonably necessary, or decline to complete a transaction.

A purchase is deemed accepted when CAKTO provides an order confirmation (including by email or within the Platform) and/or when payment is successfully authorized, as applicable.

CAKTO shall not be liable if a product or service is unavailable or if access is delayed due to circumstances beyond its reasonable control.

5. Buyer Eligibility and Use

By placing an order, You represent and warrant that:
(i) You are purchasing for Your own personal use and not for unauthorized resale or redistribution; and
(ii) You will comply with all applicable laws, rules, and regulations related to Your purchase, access, and use of the products or services.

You further represent that You have the right to provide and use all information, content, and data submitted through the Services.

6. Privacy and Purchases with One Click

Our Privacy Policy governs the processing of personal data collected in connection with the Services. By using the Services, You consent to the processing of Your data as described therein.

Where available, purchases with one click allow buyers to store personal and payment information to facilitate future purchases through the Platform. By opting into this feature, the buyer expressly agrees to the collection, storage, and use of such information for identification and checkout pre-filling purposes, in accordance with applicable data protection laws and the Privacy Policy.

7. Pricing, Availability, Payment and Cancellations

Prices displayed through the Services are subject to change to the extent permitted by applicable law. CAKTO may modify prices, available offerings, or discontinue products or services at any time.

CAKTO is not responsible for pricing or typographical errors and reserves the right to cancel orders resulting from such errors.

When You initiate a transaction through the Services, You authorize CAKTO to charge the selected payment method and to share necessary payment information with authorized third parties to complete the transaction and prevent fraud.

Except as expressly provided in these Terms or applicable policies, orders are non-cancelable. CAKTO may grant or deny cancellation requests at its discretion and may cancel payments or restrict future transactions if fraud, unlawful activity, or excessive disputes are suspected, or if required by payment network rules.

8. Refunds, Disputes and Chargebacks

Before initiating any chargeback or payment dispute with a bank, card issuer, or payment institution, Buyers are strongly encouraged to contact CAKTO’s customer support team at support@cakto.com.br and attempt to resolve the matter directly through the Platform.

CAKTO acts as the Merchant of Record and manages chargebacks and disputes in accordance with the applicable card network rules and procedures, including those established by Visa, Mastercard, and other payment schemes. Initiating a chargeback without prior contact with CAKTO’s support team may result in delays, additional reviews, or outcomes governed by the rules of the relevant payment network.
Refunds are governed by the CAKTO Refund Policy, which forms an integral part of these Terms.

To request a refund or cancellation where permitted, buyers must contact support@cakto.com.br and provide the relevant details. Requests will be reviewed within a reasonable timeframe.

Before initiating a chargeback or payment dispute with a bank or card issuer, buyers agree to contact CAKTO support and attempt to resolve the issue through the Platform.

As Merchant of Record, CAKTO manages chargebacks and disputes in accordance with applicable payment network rules. In the event of successful chargeback disputes, CAKTO may retain recovered amounts to offset operational costs associated with dispute management.

9. Customer Support and Service Availability

CAKTO provides customer support to Buyers through its international support channels. For matters related to purchases, access to digital products or services, refunds, chargebacks, or general inquiries, Buyers may contact CAKTO via the following channels:

• Support email: support@cakto.com.br  

• Online chat, when available through the Platform

CAKTO maintains commercially reasonable service level targets for its support operations, which are provided on a best-efforts basis and may vary depending on the nature and complexity of the request. These service levels include:

• Target first response time: up to 5 (five) minutes;  

• Average resolution time: approximately 10 (ten) minutes for simple and straightforward requests;  

More complex requests, investigations, or cases involving third parties, suppliers, financial institutions, or regulatory requirements may require additional time for resolution.

10. Temporary Inaccessibility

Due to the nature of online services, CAKTO does not guarantee uninterrupted availability of the Services. Availability may be restricted due to capacity limits, security considerations, maintenance, updates, or improvements.

To the extent permitted by applicable law, CAKTO shall not be liable for interruptions caused by force majeure events or circumstances beyond its reasonable control.

11. Prohibited Conduct and Enforcement

You agree not to engage in conduct that violates applicable law, infringes third-party rights, circumvents security measures, uses unauthorized automation, distributes malware or spam, or otherwise interferes with the integrity or proper functioning of the Services.

CAKTO may monitor, investigate, remove, or disable access to content or accounts to ensure compliance with these Terms and applicable legal obligations.

12. Third-Party Links

The Services may contain links to third-party websites or resources provided solely as a convenience. CAKTO is not responsible for the content, products, or services available from such third parties, and You assume all risk arising from their use.

13. Disclaimer

To the maximum extent permitted by applicable law, the Services and all digital products or services made available through the Platform are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

CAKTO expressly disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, and any warranties arising out of course of dealing, usage of trade, or course of performance.

CAKTO does not warrant that the Services will be uninterrupted, error-free, secure, or free from harmful components, nor that any content, product, or service will meet the Buyer’s expectations or specific requirements.

Some jurisdictions do not allow the exclusion of certain warranties. In such cases, the above exclusions may not apply to You, and Your rights will be limited to the maximum extent permitted by applicable law.

14. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall CAKTO, its affiliates, suppliers, service providers, officers, directors, or employees be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenues, business opportunities, data, goodwill, or service interruption, arising out of or in connection with the use of, or inability to use, the Services or any product or service purchased through the Platform.

To the maximum extent permitted by law, CAKTO’s total aggregate liability arising out of or relating to these Terms, the Services, or any transaction shall not exceed the total amount actually paid by the Buyer to CAKTO for the applicable product or service in the twelve (12) months immediately preceding the event giving rise to the claim, or one hundred euros (€100), whichever is greater.

The limitations set forth in this Section form an essential basis of the agreement between You and CAKTO.

15. Intellectual Property

The Services, including all software, interfaces, designs, trademarks, and content owned by CAKTO, are and shall remain the exclusive property of CAKTO and its licensors.

Subject to these Terms, CAKTO grants You a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for the purposes permitted herein.

16. General Provisions

You may not assign or transfer Your rights or obligations under these Terms without CAKTO’s prior written consent. Any attempted assignment in violation of this provision is void.

Failure by CAKTO to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms constitute the entire agreement between You and CAKTO regarding the Services and supersede all prior agreements or understandings.

17. Termination

These Terms take effect when You first accept them or begin using the Services, whichever occurs first.

CAKTO may suspend or terminate Your access to the Services, disable products, or terminate these Terms if You fail to comply with any provision herein or as otherwise permitted by applicable law.

Provisions which by their nature should survive termination shall survive, including payment-related provisions, disclaimers, limitations of liability, indemnification, and intellectual property rights.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of laws principles.