Welcome to OÜ Vailio Agency! By accessing our Website https://vailio.agency, you agree to comply with the provisions of this User Agreement (hereinafter – the “Agreement”). Please read them carefully.
1. Definitions
1.1. “Website” means the online resource owned by OÜ Vailio Agency, accessible at the domain vailio.agency, including all pages, subdomains, functionalities, information blocks, forms, multimedia elements, contact sections, and any other components placed under said domain or otherwise controlled by the Owner, intended to provide Users with information regarding the services of OÜ Vailio Agency, communication with OÜ Vailio Agency, and/or submitting service requests via the Website. This Agreement is developed for the following Website: https://www.vailio.agency/.
1.2. “User” means a natural person (aged at least eighteen (18) years) or a legal entity who visits the Website of OÜ Vailio Agency, uses or intends to use one or more services or features of the Website, such as viewing the portfolio, requesting a Service, contacting via contact forms, subscribing to a mailing list, registered or identified through mechanisms provided on the Website, and who has agreed to the provisions of this Agreement, as well as to the Privacy and Data Protection Policy available at https://www.vailio.agency/privacy-policy.
1.3. “Owner” means the legal entity registered as the owner of the Website, namely Limited Liability Company “OÜ Vailio Agency”, registered under the laws of the Republic of Estonia, registration number 17277390 dated July 7, 2025, located at: 10114, Republic of Estonia, Harju County, Tallinn, Kesklinna District, Kaupmehe Street 7-120, represented by management board member Dmytro Gyrya, which owns and administers the Website.
1.4. “Website Content” means all objects placed by the Owner on the Website, including design elements, text, graphic images, illustrations, videos, programs, music, sounds, information, messages, and/or other similar objects, their compilations or combinations.
1.5. “Website Software” means the software developed by the Owner (and/or third parties on behalf of the Owner) for the Website, including but not limited to all software, scripts, codes (HTML codes), CRM systems, and programs.
1.6. “Services” means any activities or works provided by the Owner to the User within the Owner’s business activities, including but not limited to: consultations, development of marketing strategies, creation and implementation of advertising campaigns (online/offline), graphic design, branding, digital marketing, customer support, and any other related or ancillary actions directly offered and/or promoted through the Website.
2. General provisions
2.1. This Agreement defines the rules and procedure for using the Website, the rights and obligations of Users, and regulates User conduct when accessing the Website.
2.2. This Agreement is binding upon both the Owner and the User.
2.3. The Owner reserves the right, without prior notice to Users, to unilaterally amend the terms of this Agreement at any time at its sole discretion. The new version of the Agreement enters into force from the moment of its posting, unless otherwise provided by the terms of the new version. The User is obliged to independently monitor the current version of the Agreement.
2.4. Continued use of the Website after any changes to the Agreement shall be deemed full acceptance of the amended terms by the User.
2.5. Any version of this Agreement in a language other than English is provided for convenience only, and the User understands and agrees that in the event of any dispute, the English version shall prevail.
2.6. If any part of this Agreement is found to be invalid or unenforceable under the applicable laws of the Republic of Estonia, such provision shall be replaced with a valid and enforceable provision that most closely reflects the intent of the original provision, and the remainder of the Agreement shall remain in full force.
2.7. Failure by the Owner to exercise or enforce any rights under this Agreement shall not constitute a waiver of such rights. If the Owner waives any rights in a particular instance, this shall not constitute a waiver of those rights generally.
3. Feedback form
3.1. Users must not be restricted in their right to access the Website and/or Website Content and/or Services by a final court decision or under applicable law of the Republic of Estonia and/or this Agreement.
3.2. The User has the right to use the Website to receive feedback from the Owner regarding an order for Services.
3.3. For feedback, the User may:
3.3.1. complete the registration form available in the “Contact”/“Contact Us” section or that appears by clicking the “Let’s create” button in the “Crafting Bold and Memorable Visual Identities” section; all fields of such registration form are mandatory, namely: name, email address, phone number, company name (for individuals: indicate “Individual” or another note indicating no company/organization), project information (optional), and select a project budget range;
3.3.2. provide their email address on the Website’s homepage;
3.3.3. contact the Owner directly by phone or email (contact details are provided in the “Contact” section of the Website).
3.3.4. The Owner undertakes to process the User’s request submitted via the methods specified above and to contact the User within no more than 10 (ten) business days. The Owner, through a dedicated account manager, may contact the User using corporate email (@vailio.agency) as well as messengers: WhatsApp, Instagram Direct, or Facebook Messenger.
4. Provision of Services
4.1. To provide the requested Services, the User shall enter into a separate service agreement with the Contractor, the draft of which shall be provided personally by the account manager during the feedback process. The terms of such service agreement are not part of this Agreement and shall be agreed individually between the User and the Contractor. Such service agreement shall define, inter alia:
4.1.1. payment terms and conditions;
4.1.2. procedure for providing Services and interaction between User and Contractor;
4.1.3. procedure for acceptance of deliverables;
4.1.4. rights and obligations of both parties;
4.1.5. warranties and liabilities of both parties for breach of obligations;
4.1.6. transfer of intellectual property rights to deliverables;
4.1.7. Contractor’s right to use deliverables (e.g., brand mockups, branded merchandise visuals, logos, etc.) for demonstration purposes;
4.1.8. term and termination conditions;
4.1.9. confidentiality and data protection terms;
4.1.10. and any other provisions agreed between the parties.
4.2. The Owner reserves the right to refuse to provide Services to Users who are under 18 (eighteen) years old, persons subject to applicable sanctions, located in embargoed jurisdictions, or persons subject to sanctions imposed by the European Union.
5. Intellectual property and owner’s rights
5.1. The Owner holds all proprietary intellectual property rights in and to the Website, Website Content, Website Software, existing and future programs, and services, including but not limited to logos, APIs, codes, and materials created by its employees. The Website Software and Website Content are protected by copyright under the laws of Estonia and international intellectual property treaties and conventions. Users may not interfere with the operation of the Website and/or use Website Content without the Owner’s prior written consent.
5.2. All intellectual property rights to the Website, Website Content, existing and/or future programs, APIs, and databases are and shall remain the exclusive property of the Owner and its licensors.
5.3. Any feedback, comments, or suggestions provided by the User in connection with the Website, Website Content, the Owner, and/or Services are voluntary, and the Owner may use such feedback at its discretion without any obligation to the User.
5.4. The User shall not:
5.4.1. access or attempt to access restricted areas of the Website, systems, or data transmissions;
5.4.2. disable, interfere with, or bypass Website security features, or probe/test system vulnerabilities;
5.4.3. copy, modify, create derivative works, reverse engineer, disassemble, or otherwise attempt to derive source code or materials from the Website;
5.4.4. access or search the Website by any means other than currently provided search functionalities or APIs, and only in accordance with their terms;
5.4.5. disrupt or attempt to disrupt any User’s, computer’s, or network’s access, including by sending viruses, overloading, spam, or mass mailings.
5.5. Users are prohibited from copying, reproducing, modifying, compiling, distributing, displaying, publishing, uploading, transmitting, selling, or otherwise using Website Content or Website Software, except where expressly permitted by this Agreement or applicable Estonian law.
5.6. Nothing in this Agreement shall be construed as transferring any exclusive proprietary rights to the Website, Website Content, or Website Software to the User.
5.7. The Owner guarantees that it holds all rights to use trademarks, trade names, brands, logos, images, and other intellectual property objects contained within the Website Content. Such objects are protected under Estonian law, and nothing in this Agreement shall be construed as granting the User any license to use them.
6. Rules for using the website
6.1. While using the Website, the User shall:
6.1.1. comply with all obligations assumed under this Agreement;
6.1.2. not collect personal data of other Users;
6.1.3. not take any actions (with or without automation) intended to undermine the Website’s functioning, including uploading viruses or malicious code, disabling the Website, or disrupting its operation;
6.1.4. not engage in unlawful, fraudulent, discriminatory, or misleading actions.
6.2.The User’s conduct and use of Website Content must comply with applicable laws of the User’s country of residence. The User bears full responsibility for awareness of and compliance with applicable law.
6.3. The User agrees that the Owner shall bear no liability for blocking the User’s access to the Website and/or Website Content in the circumstances set forth in this Agreement.
7. Information requests
7.1. If the User has any questions regarding this Agreement or its performance, such questions may be addressed to the Owner at hello@vailio.agency.
7.2. The Owner’s staff shall use reasonable efforts to respond within a reasonable timeframe.
8. Disclaimer of liability
8.1. If the Website is unavailable due to maintenance or technical issues, the User agrees not to bring claims against the Owner in such cases.
8.2. Access to the Website and Website Content is provided on an “as is” basis. The Owner does not warrant that the Website or Website Content will meet the User’s needs, goals, or expectations, nor does the Owner guarantee any specific results from use of the Website.
8.3. The Owner may discontinue any Website features at any time and for any reason. Under no circumstances shall the Owner, its employees, affiliates, suppliers, or partners be liable for any damages arising from such discontinuation or unavailability.
8.4. The Owner is not responsible for delays or failure to provide Services advertised through the Website due to circumstances beyond its control, including but not limited to war, riots, sabotage, natural disasters, power outages, Internet or telecommunications failures, or governmental restrictions.
9. Miscellaneous
9.1. All disputes arising from this Agreement shall be resolved through negotiations between the Owner and the User. If no resolution is reached, disputes shall be settled in court under the laws of the Republic of Estonia.
9.2. This Agreement and the relationship between the Owner and Users shall be governed by the laws of the Republic of Estonia. Issues not covered herein shall be governed by Estonian law.
9.3. The Owner has no obligation to notify Users of future amendments to this Agreement. Continued use of the Website after amendments constitutes full acceptance of such amendments by the User.