In these terms of use, capitalised words and terms have the following meanings:

1. Guarantee means a letter of guarantee issued by the Portal Operator as the guarantor to secure the Tenant’s payment obligations under the Lease Agreement.
2. Guarantee Request means a request extended by the Landlord to the Tenant through the Portal with a view to the Tenant applying for the Guarantee.
3. Guarantee Agreement means an agreement between the Portal Operator and the Tenant for the issuance of a Guarantee.
4. Personal Data Protection Regulation means the Personal Data Protection Act of Republic of Estonia and the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC).
5. User means a natural or legal person who has registered as a user of the Portal by agreeing to the Terms of Use.
6. User Data means all personal data and information about the User that the User has disclosed when registering the User Account, using the Portal and making declarations of intent through the Portal or that the Portal Operator has learned about the User from third parties.
7. User Account means a user account created and registered by the Tenant in the Portal in their own name or a user account created and registered by Bailsman for the Landlord for using the Portal for the provision of services under the relevant agreement.
8. Terms of Use means these terms of use of the Portal.
9. Portal means an electronic environment located at www.bailsman.co (or any replacement or successor uniform resource locator (URL) from time to time) and/or sub-URLs thereof as administered by the Portal Operator.
10. Portal Operator means the company Bailsman OÜ, registry code 14827619, with offices at Soo 2, 10414 Tallinn, email address info@bailsman.co.
11. Landlord means a legal entity that has entered into a Landlord Agreement and registered as a User and has also entered into (or intends to enter into) a Lease Agreement as a Landlord.
12. Landlord Agreement means an agreement between the Portal Operator and the Landlord, under which the Landlord can submit Guarantee Requests to the Tenant.
13. Lease Agreement means a lease agreement or another similar agreement for the use of the property entered into or to be entered into between the Landlord and the Tenant, according to which the Landlord grants the Tenant the use of the real estate belonging to them and specified in the Portal, and the Tenant undertakes to pay the Landlord a fee (rent) for using the real estate.
14. Tenant means a natural person who has entered into a Lease Agreement (or intends to do so) as a tenant and has registered as a User.

1. These Terms of Use regulate the legal relations between the Users and the Portal Operator arising from the use of the Portal.
2. When the Tenant starts using the Portal or when the Landlord enters into a Landlord Agreement or, at the latest, begins to use the Portal through their User Account, the respective User agrees to the Terms of Use, and thus, an agreement is concluded between the respective User and the Portal Operator under the Terms of Use.
3. The Portal Operator reserves the right to amend the Terms of Use or establish additional terms. Such amendments take effect from the moment the User has agreed to the amended or new Terms of Use through the Portal.
4. By starting to use the Portal, the User confirms that they have read, understood and agree to comply with the Terms of Use.

1. The Portal Operator enables the Users of the Portal to use the Portal for its intended purposes, particularly for submitting Guarantee Requests, making the relevant declarations of intent and concluding agreements. The Portal Operator has the sole right to change the functionality and Terms of Use of the Portal without prior notice, including restricting the existing functionality of or adding new functionalities to the Portal.
2. All costs and fees related to the use of the Portal are borne by the User in accordance with the Portal Operator’s price list.

1. To use the Portal, a person shall agree to the Terms of Use and, as a rule, register a User Account. Only persons who have passed the Portal Operator’s background check to the extent deemed necessary by the Portal Operator can register a User Account in their name. A person applying for the registration of a User Account shall provide the Portal Operator with all the information requested by the Portal Operator. The Portal Operator has the right to unilaterally refuse to open a User Account.
2. Upon registration of a User Account, a person enters their contact details and other data specified by the Portal Operator into the respective environment of the Portal and creates access to the Portal using one of the solutions offered by the Portal Operator.
3. To use the Portal, the User may be unilaterally required by the Portal Operator to authenticate the User using an ID card, Mobile ID, bank link or other means of authentication acceptable to the Portal Operator. To submit declarations of intent, confirmations or enter into agreements that create legal consequences, the Portal Operator may require the User’s signature to be given using an ID card, Mobile ID, bank link or mobile communication or other means of authentication.
4. The User is responsible for the rights and obligations related to their User Account; among other things, the User is a party to transactions made through the User Account. Transactions made through the Portal are subject to the terms and conditions of the respective transaction, which the User agrees to accept separately.
5. The User may make a transfer to the Portal Operator only from a current account opened with a duly licensed credit or payment institution registered or having its place of business in a Contracting State of the European Economic Area or in a country where equivalent anti-money laundering and anti-terrorist financing measures are in place. (The Portal Operator may request documents certifying that the current account complies with the conditions specified in this clause.) The User must indicate in the payment order the number of the relevant invoice generated by the Portal for the User.
6. If the current account from which a transfer was made to the Portal Operator’s current account does not comply with the conditions set out in clause 4.5, or if the payment order does not contain the invoice number referred to in clause 4.5, the Portal Operator may return the received amount to the payer and demand compensation from the User for the costs related to the refund of the payment.

1. If the Landlord wants to submit a Guarantee Request or the Tenant wants to request the conclusion of a Guarantee Agreement, the relevant User shall use the respective application of the Portal for this purpose and submit all the data required by the application.
2. The information submitted or to be submitted by the User in connection with the issuance of a Guarantee will be disclosed to the other relevant User to the extent that the Portal Operator deems necessary.
3. A Guarantee Agreement shall be deemed concluded and entered into force from the moment when the User confirms the terms and conditions of the Guarantee Agreement in the manner specified in clause 4.3.

1. In addition to other obligations specified in the Terms of Use, the User agrees:
   1. not to use the Portal for illegal transactions or operations, including fraud or money laundering, and agrees to behave politely and respectfully when communicating with other Users and the Portal Operator;
   2. to use the Portal using general-purpose web browsers and not through programs that send automatic queries to the Portal for any purpose whatsoever. It is prohibited, among other things, to use robots, spiders, scrapers and other automatic data entry and processing devices;
   3. to submit only true and correct data and information when registering the User Account and using the Portal. The User shall be liable for any damage caused by a breach of the obligation provided for in this clause to the Portal Operator and any other relevant User, especially if the Portal Operator or the other User of the Portal has submitted a declaration of intent or entered into a transaction assuming such false information to be true. The Portal Operator does not check the accuracy of the information provided by the Users and is in no way liable for the accuracy and truthfulness of the data provided by the User, unless the Portal Operator is obliged by law to verify such data;
   4. to keep the data and means necessary for logging into the User Account and for authentication in the Portal, including their ID card, Smart-ID, the relevant passwords and user IDs and authentication devices, strictly confidential so that they do not fall into the possession of third parties. However, if a third party enters the Portal through the User’s User Account, all the provisions arising from the Terms of Use shall apply to them;
   5. to inform the Portal Operator immediately if the information and means enabling the User to log in to the User Account and use the Portal are transferred to or fall into the possession of a third party, and there is, therefore, a risk of unauthorised use of the User Account;
   6. to inform the Portal Operator at the earliest opportunity of any changes in the data submitted upon opening the User Account. Until the Portal Operator is notified of the change in the data, the Portal Operator considers the data submitted by the User upon opening the User Account to be the valid data of the User;
   7. pay fees to the Portal Operator for using the Portal and the Portal Operator’s services in accordance with the Portal Operator’s price list valid at the time of using the respective service and the relevant Guarantee Agreements (if any) or the Landlord Agreement concluded with the Portal Operator.
2. Until 1 (one) business day has elapsed since the receipt by the Portal Operator of the notice referred to in clause 6.1.5, any declarations of intent and operations made by the User when using the Portal through their User Account shall be deemed to constitute declarations and operations by the respective User, and these shall be binding on the User even if not made by the User. The respective User shall be liable for any damages arising from the unauthorised use of the User Account unless the User’s liability is excluded in the particular case by a corresponding mandatory provision arising from law.
3. In addition to any other rights provided in the Terms of Use, the User registered on the Portal has the right to:
   1. to use a login to enter the Portal, for the security of which the Portal Operator has taken the necessary measures at the discretion of the Portal Operator;
   2. to use the functionality of the Portal if the User meets the requirements established for the use of a specific function;
   3. to examine the data stored by the Portal Operator about the User on the Portal to modify these data and demand the termination of the processing of such data in accordance with the provisions of clause 7.2.

1. By registering a User Account or disclosing data, the User ensures that the User data submitted by them to the Portal Operator is true and up-to-date, confirms that they are aware of and consent that all User data legally held by the Portal Operator, regardless of their origin, is processed by the Portal Operator for purposes related to the functionality of the Portal and to the extent necessary for that purpose, as well as on the bases and in accordance with the procedure provided by legislation.
2. The User is aware of and hereby consents to the verification of the User data submitted by the User to the Portal Operator and to the receipt of additional data from third parties. For the aforementioned purpose, the Portal Operator has the right to transfer the User’s data to a third party, including establishing the identity and right of representation of the User and their representative and verifying the submitted data and assessing the User’s creditworthiness for issuing Guarantees.
3. The User has the right to withdraw their consent to the processing of personal data at any time, demand the termination of processing their personal data, demand the termination of access to the data, and demand the deletion or closure of the collected personal data, provided that the User is not in the process of concluding a contract and has no current contracts concluded through the Portal, and there is no legal obligation to retain the data. Upon withdrawal of consent to the processing of personal data, the User’s User Account will be closed.
4. The Portal Operator agrees to keep the User’s data confidential and follow all the rules arising from the Personal Data Protection Regulation. The Portal Operator has the right to disclose the User’s personal data to third parties, including other Users, only in the cases provided by law and the Terms of Use.
5. The Portal Operator has the right to disclose the data of the Landlord or the Tenant to the Tenant or the Landlord (respectively) under the same Guarantee (including Guarantee Request and/or application) to persons belonging to the same group as the Portal Operator, and to persons providing the Portal Operator with legal assistance, accounting, auditing or other services, which require the processing of Users’ personal data, provided that the respective service provider has agreed with the Portal Operator not to disclose the respective personal data to third parties.
6. The Portal Operator has the right to process the data submitted by the User and the data generated by the User’s use of the Portal for statistical purposes and publish the received statistical data, ensuring that the data cannot be directly linked to any specific User.
7. The Portal Operator has the right to use the User’s email address and telephone number for forwarding information, advertising and offers to the User by the Portal Operator or the Portal Operator’s business partners. The User has the right to choose which notifications and offers they want to receive through the Portal and to refuse to receive offers from the Portal Operator or their business partners through the Portal without a corresponding request.

1. All intellectual property rights to the Portal, including the structure of the Portal, web design elements, texts and other components and related intellectual property rights (including intellectual property rights to trademarks, logos, brands, software, databases, news, messages, texts, graphics, musical and other design) belong to the Portal Operator unless such component refers to the rights of another person or constitutes information entered by the Portal Users. The User must not modify, reproduce, distribute, process, translate, extract, transmit, include in other databases or make available to the public or otherwise use the Portal or any of its content or components, other than using the Portal for its intended purpose, without the prior written consent of the Portal Operator. Neither must the User sublicense the use of the Portal or any of its content or components or create new intellectual property objects based on these.

1. Although the Portal Operator makes every effort to ensure that the information published on the Portal is correct and reliable, the Portal Operator is not liable for publishing any incorrect or misleading information on the Portal or for any violation committed or maintained through the Portal or the consequences of such violations, of which the Portal Operator is not aware or concerning which the Portal Operator has taken measures to rectify the information, end the infringement or remedy the consequences.
2. The Portal Operator shall not be liable for the accuracy and completeness of any information received from third parties if the Portal Operator presents or publishes such information on the Portal in the same form as it has been presented or otherwise made available to the Portal Operator. If the User becomes aware of the incorrectness of any information contained in the Portal, they agree to inform the Portal Operator thereof at the earliest opportunity.
3. The Portal Operator is not responsible for the information, opinions or any other content published on websites belonging to third parties, to which there is a direct or indirect reference or link on the Portal.
4. The Portal Operator is not liable to other Users or third parties if the User violates any of their obligations set out in the Terms of Use, the Guarantee Agreement, the Landlord Agreement or any other agreement with the Portal Operator or the legislation. The Portal Operator is liable for the obligations arising from a transaction made through the Portal only if the Portal Operator is a party to the transaction.
5. If the User causes damage to the Portal Operator by violating any of their obligations, the User shall compensate the Portal Operator in full upon the first request.
6. The Portal Operator is not liable for any damage caused to the User or third parties due to the Portal Operator using legal remedies (for example, removing or blocking information from the Portal, restricting the User’s rights or blocking their access to their User Account or the Portal), if this is necessary due to a complaint about a violation by the User, the Portal Operator’s suspicion of a violation or of unjustified use of the User Account, or directly because the information or the User’s conduct conflicts with the Terms of Use or legislation. In such case, the Portal Operator is not liable for the damage caused even if the complaint or suspicion was unfounded or if it later turns out that there was no violation.
7. The Portal Operator is not responsible for a temporary interruption in the functionality of the Portal.
8. The Portal Operator is only liable for the direct property damage caused to the User by the violation of their obligations due to gross negligence. Other damages, including income forgone, will not be compensated. The Portal Operator is not liable if the breach of the obligation is due to a service provider used by the Portal Operator or another third party.
9. The Portal Operator is not responsible for settling disputes between Users arising from the use of the Portal but assumes the right, at its own discretion, to intervene in such disputes and to apply, inter alia, the provisions of clause 10.2.1 in case of violation of the Terms of Use.

1. The User Account on the Portal will be maintained for an unspecified term. If the User has no current agreements concluded through the Portal or for the use of the Portal Operator’s services and the User no longer wants to use the Portal, they can close their User Account and cancel the agreement concluded with the Portal Operator under the Terms of Use without prior notice. To do this, click on the specified field in the Portal’s User Account settings or send a request to the Portal Operator by email.
2. The Portal Operator has the right to restrict or cancel the User’s right to use the Portal and close the User Account at any time without prior notice, as well as to cancel an agreement entered into with the User under the Terms of Use if it becomes apparent that:
   1. The User violates or has violated the Terms of Use or other obligations of the User arising from another agreement entered into with the Portal Operator (including the Guarantee Agreement or Landlord Agreement);
   2. The User does not agree to the new Terms of Use when logging in to the Portal for the first time after the new Terms of Use have been made available on the Portal;
   3. The User has provided the Portal Operator or other Users with data or information that is incorrect, misleading or inaccurate;
   4. The User behaves in bad faith, inappropriately or contrary to law when using the Portal;
   5. The Portal Operator has become aware of a circumstance suggesting that the data and means enabling the User to log in to the User Account and use the Portal have come into the possession of a third party and the User Account may be used by an unauthorised person.
3. The Portal Operator has the right to close the Portal. Upon closing the Portal or in the cases specified in clauses 10.1 or 10.2 (if the User can no longer use the Portal), the Guarantee Agreements, the Landlord Agreement or other transactions made through the Portal shall remain in force under the conditions specified therein.

1. Notices sent to the User in the User Account mailbox are deemed received by the Users associated with the User Account 24 hours after sending.

1. In matters not regulated by the Terms of Use, the legislation in force in the Republic of Estonia shall apply to the use of the Portal. If any clause of the Terms of Use is found to be invalid due to contrariness with the law, the validity of the remaining clauses shall not be affected.
2. Any disagreements and disputes arising from the performance of the Terms of Use shall be settled by the parties primarily through negotiations. If a dispute cannot be settled through negotiations, the dispute will be resolved in the Harju County Court.