Terms of service
Last update: September 15, 2023
The terms of service provided below is a public offer and contains all material terms of theSaas agreement ( hereinafter - the “Agreement”) by and between Uspacy LLC ( hereinafter - the “Provider”), on the one hand, and you ( hereinafter - the “ Customer”), on the other hand, hereinafter collectively referred to as the “Parties” and each separately as a “Party”.
This public offer is addressed to all individual and legal entities that wish and have technical possibility to use the services provided below.
The registration of Customer’s account on the website https://uspacy.partners is full and unconditional acceptance of all the terms of this public offer by the Customer, and the Agreement is considered to be concluded upon the registration of your account on the website https://uspacy.partners.
By accepting this public offer, the Customer or his authorized representative represents and warrants as follows:
- The Customer or his authorized representative provided accurate identification information about himself or herself during the registration of the account on the website https://uspacy.partners.
- The Customer or his authorized representative concludes the Agreement voluntarily, has agreed to all the terms of the Agreement, understands all the terms of the Agreement as well as the meaning and the consequences of his actions regarding the conclusion and fulfillment of the Agreement.
- The Customer has all the rights and authority, necessary to conclude and fulfill the Agreement. If the individual = accepts the terms of this public offer on behalf of a legal entity, such individual confirms that he or she has authority to conclude the agreements on behalf of this legal entity, and the Customer shall be deemed the respective legal entity. If an individual who accepts the terms of this public offer on behalf of a legal entity, does not have authority to conclude the agreements on behalf of this legal entity, such individual does not have to accept the terms of this public offer.
- The Customer is not the resident of russian federation and/or is not the resident of belarus republic and the Customer is not under sanctions, imposed by the governments of Ukraine, European Union and/or EU member states, the Great Britain and the United States of America.
- The Customer is not on the territory of russian federation and/or is not on the territory of belarus republic, and/or is not on the temporarily occupied territories of Ukraine such as Crimea, separate territories of Luhansk, Donetsk, Zaporizhya and Kherson regions.
- Among the participants, shareholders, ultimate beneficial owners and/or persons that have control over the Customer, there are no residents of russian federation and/or there are no residents of belarus republic, and the following persons and/or their superintendents or the members of governing bodies are not under sanctions, imposed by the governments of Ukraine, European Union and/or EU member states, the Great Britain and the United States of America.
In case the above representations and warranties do not correspond to reality on the date of the Agreement conclusion, or in the event of the change of circumstances after the conclusion of the Agreement so that the above representations and warranties cease to correspond to reality, the Provider is entitled to terminate this Agreement unilaterally by sending a written notice to the Customer’s email address and the Provider is entitled to compensation as the result of a breach of the above representations and warranties.
To avoid misunderstandings when interpreting the text of this Agreement, the parties have agreed on the following definitions:
- Authorized user means an individual, authorized by the Customer to access the Software using the Customer’s space in accordance with this Agreement and tariff plan.
- Account means a set of data with a unique identifier (login/password or special API key) that allow identification, authentication and authorization of the Customer and ensure the Customer's access to the Software. The account is created by the Customer using the Software and belongs to the Provider. The account allows the Customer to perform actions, which in particular include the following: authorization (authentication) of the Customer in the Software, control of access to the Software, access to settings, statistical indicators and other data about the use of the Software by the Customer. Any person who provided the Provider with information that serves the purposes of identifying the Customer (for example: answers to control questions, SMS codes, calls from verified (or to verified) phone numbers, etc.) or uses correct Account data when using the Space, is considered a person authorized by the Customer to perform all actions in the Space on behalf of the Customer, and the specified actions are recognized as actions of the Customer.
- Client software means a complex of software components that provide the access to resources available on the Provider’s server.
- Content is any information downloaded to Customer’s Space or any generated information by using services in Customer’s Space.
- Customer means any legal entity or an individual entrepreneur, or any individual that has fully and unconditionally accepted the terms of this public offer and is the owner of the account on the website https://uspacy.partners.
- Partner means the third-party, the member of Provider’s partnership program, that is authorized by the Provider to sell Services to Customers and is entitled to invoice such Customers directly.
- Provider means Uspacy LLC (Registraion code: 44672033), the holder of rights tothe Software.
- Saas (Software as a Service) means method of providing the Customer with access to the Software using web browsers or сlient software.
- Services mean the provision of access to the Software by Saas model and provision of support according to this Agreement.
- Software means a computer program “Uspacy”, its first and all future versions, supplements, applications and updates, that is a complex of data and tasks such as source code, database, visual and audio components, included to this computer software, is used for complex organization and automation of the process in a company, which includes, but not restricts, the communication and team work, setting and control of tasks, customer relationship management (CRM) and also any documentation to the work of this computer program.
- Space means a non-public part of the Software, where the functional components of the Software, Content, third-party components are classified, to be displayed and used in one domain name mycompany.uspacy.ua (or in a personal separate domain name if this function is available), that is used to identify the Space.
- Support means measures carried out by the Provider within the established limits and scope to ensure the functioning of the Software, which includes consulting on the use of functional components and/or capabilities of the Software, access to documentation describing the operation of the Software, any changes, updates, applications, additions, elimination of defects and correction of errors, and/or expansion of the functionality of the Software.
- Tariff plan is information about the terms, cost and time limits of access to the Software depending on the options of Software's functionality. Tafiff plans are available on the website https://uspacy.com/prices/
- Third-party components are computer programs, services, websites, information and advertisement that are owned by third party and may be applied by Customer to use the Software.
- The Provider provides the Customer with access to the Software according to this Agreement.
- The access to the Software is performed by the Internet or mobile applications or other programs which use web protocols.
- The Customer receives access to the Software by registration and creation of Space on the website https://uspacy.partners.
- The name and the amount of functional components and/or Software capacity, available to the Customer, the number of authorized users, the cost and time limits of the access the Software, other conditions are determined according to Tariff plan chosen by the Customer.
- The Customer receives access to the Software automatically after creating Space on the website https://uspacy.partners.
- Payment for the Services constitutes a complete and unconditional acceptance of the Tariff plan by the Customer.
- Test access to the Software may be provided to the Customer for informational purpose without payment under the terms determined by the Provider unilaterally in a special Tariff plan or special offer available on the website https://uspacy.partners.
- Tariff plan is an integral part of this Agreement, and the terms of the Tariff plan chosen by the Customer, are obligatory to the Customer.
- The Provider is entitled to change the terms of the Tariff plans at his discretion at any time by publishing changed Tariff plans on the website https://uspacy.com/prices/.
- A change by the Provider of the terms and/or functionality of the Software in accordance with the Tariff plans does not lead to a change in the cost of the Tariff plan paid by the Customer.
- Access to the Software may be provided on the websites owned by the Provider in other domain zones. At the Customer's written request and with the Provider's consent, the Customer’s Space may be transferred from a website, registered in one domain zone to the website registered in another domain zone only once. If the name of the Space is already used on the website to which the transfer is made, then the Customer may choose another name for the Space. Since the terms of Services, the cost of Services and the components of Tariff plan may differ in different domain zones, the Customer must unconditionally agree to the terms of service provision in the new domain zone.
- The Customer is entitled to receive from the Provider free documentation, as well as technical technical and consulting support on issues related to the Software functioning according to the terms of the Tariff plan.
- To provide Support, the Provider has the right to request from the Customer information regarding account data, technical characteristics of the equipment and other necessary details.
- To provide Support, the Provider is entitled to engage the third parties.
- ACCESS TO THE SOFTWARE. REGISTRATION
- To access the Software the Customer must create the Space by registration on the website https://uspacy.partners.
- The Customer agrees that in case of the creation of the Space by an individual on behalf of a legal entity, such individual is considered to be authorized to perform all legal and actual actions on behalf of the legal entity (including acceptance of this Agreement); and his or her actions in the Space are considered to be actions of this legal entity. Issues of access to the Space are resolved exclusively between the Customer and his representative.
- During registration, the Customer is obliged to fill in the registration form, provide reliable information about himself or herself, and keep this information up to date.
- During registration, the Customer independently defines a login (a unique name) as an email address and creates a password for accessing the Software, with subsequent creation of a separate Space for interaction with the Software.
- The Provider is entitled to prohibit the use of certain names of the Spaces, as well as to set requirements for the login and password (the length, permissible characters etc.).
- Identification of Customer by the Provider is carried out based on the email address indicated by the Customer as a login during the registration. The Customer undertakes to indicate the email address that is in his or her unconditional access and use.
- If the Customer provides false information or the Provider has reasons to suggest that the information is incomplete or false, the Provider is entitled to block or delete the Customer’s Space.
- The Customer is responsible for the security (resistance to guessing) of chosen password and ensures the confidentiality of his or her password.
- The Customer is solely liable for all actions (or inactions) committed using the the Customer’s account, including cases of voluntary transfer or non-compliance with the confidentiality of data for third parties’ access to the Customer's account under any conditions (including agreement) . Meanwhile, every use of the Software through the Customer's account is considered as committed by the Customer, with the except cases where the Provider receives a notification from the Customer, sent in accordance with the procedure provided for in clause 4.10 of this Agreement, about unauthorized access to the Software using the Customer's account or about any violations (suspected violations) of the confidentiality of the Customer's password.
- The Customer must immediately inform the Provider of any unauthorized access to the Software using the Customer's account and/or about any violations (suspected violations) of the confidentiality of his password.
- The Provider shall not be liable for the loss of the Customer’s data, as well as other consequences of any nature that may arise due to the Customer's violation of the provisions of this part of the Agreement.
- The cost of the Services under this Agreement is determined in the Tariff plans, the current information about which is available on the website https://uspacy.com/prices/.
- Services under fee-based Tariff plans are subject to payment by the Customer on the terms of 100% prepayment for the period selected in accordance with the Tariff plan.
- Payment for the Services shall be made by means of non-cash payment using the methods available on the https://uspacy.partners. The Customer is solely responsible for the correctness of the payments made by him or her.
- If promotional offers, discounts or other special payment terms (hereinafter referred to as “discounts”) are in effect at the time of purchasing the Services, such discounts are not added to the base price of the Services established by the Tariff plan and are applied consecutively. In some cases, some special conditions may temporarily suspend the effect of others, which is always indicated in the notice of special conditions of purchase.
- By making the first payment, the Customer consents and authorizes the Provider to receive automatic payments according to the payment schedule according to the Tariff plan selected by the Customer, provided automatic withdrawal is allowed under the payment method chosen by the Customer. The Customer may cancel automatic payments or change the payment method at any time in the settings section of the Space. The Provider does not receive or store any financial information of the Customer but only initiates the payments. Funds received by the Provider through automatic payments are non-refundable.
- The date of providing Services under the fee-based Tariff plans is the date when the funds are credited to the account of the Provider or the Provider’s authorized representative.
- In the case of expiration of the period of access to the Software according to the fee-based Tariff tariff plan chosen by the Customer, and the Customer's failure to pay for the Services under the fee-based Tariff plan, the Customer's access to the Software is adjusted to the terms of the free tariff plan with all its limitations.
- The funds paid by the Customer for the Provider's Services are not subject to return to the Customer except otherwise provided by this Agreement.
- If the Customer purchases services by the Partner, the terms of payment agreed between the Partner and the Customer shall apply.
The Сustomer can change the selected Tariff plan to another or change the Tariff plan terms (number of users or the Software access period) in the "Tariff and Payment" section of the Space.
When switching to a more expensive Tariff plan or when the cost of the selected Tariff plan increases (in terms of the number of users and/or access period), the Customer shall pay the total cost of the newly selected Tariff plan. The unused part of the previous Tariff plan will be used to increase the period of access to the Software under the newly selected tariff plan according to the calculation of the Provider. The change of Tariff plan or the Tariff plan terms enters into effect immediately after the Provider receives the payment.
When switching to a cheaper Tariff plan, the funds paid by the Customer are not subject to return, and the Customer agrees that due to the price difference, the period of the Customer's access to the Software will be automatically extended under the changed conditions. Information about the updated period of access to the Software is displayed in the "Tariff and payment" section of the Space.
The Customer's switching to the newly selected Tariff plan or the changed terms of the selected Tariff plan causes termination of the previous Tariff plan or the previous terms of the selected Tariff plan.
The Сustomer cannot use the Services under the terms of several different Tariff plans simultaneously.
The client may purchase Services on trading platforms of third parties with which the Provider cooperates, under special conditions agreed with the Provider, in accordance with special plans published on the relevant trading platforms (hereinafter referred to as the "Special plan") during the term of such joint project (hereinafter referred to as "Special project").
Special plans are available exclusively on the specified platforms and are used exclusively in the uspacy.com domain zone, they are not available in other countries and existing domain zones of the Provider's sites.
No additional discounts and/or other special purchase conditions apply to special plans. Special plans cannot be purchased through members of the Uspacy partner program.
During the term of the Special project, the Client can change one Special plan to another Special plan or switch to one of the current plans of the Provider, the information about which is published on the website https://uspacy.com/prices/.
After the expiration of the Special project, the Client can switch exclusively to one of the Provider's current plans, the information about which is published on the website https://uspacy.com/prices/
- CONFIRMATION OF SERVICE PROVISION
- The Service provision by the Provider is confimed by activation of access to the Software according to the fee-based Tariff plan chosen by the Customer, that isconfirmed by an electronic act sent to the Customer’s e-mail. The Customer may use the said electronic act for the purposes of accounting and tax reporting.
- At the request of the Customer, in order to confirm the fact that the Provider has properly provided access to the Software, the Parties may draw up appropriate acts in electronic form by using the electronic document management system.
- Non-use of the Services by the Customer does not affect the fact that the Services are properly provided by the Provider.
- INTELLECTUAL PROPERTY RIGHTS
- The Provider is the owner of the exclusive intellectual property rights of the Software. The Provider confirms that he has the necessary amount of exclusive intellectual property rights of the Software to provide access to the Software and to comply with this Agreement.
- The Customer's access to the Software is carried out without providing the Customer with a copy of the Software. According to this Agreement, the Customer does not acquire any exclusive intellectual property rights to the Software, including the right to reproduce, i.e. make copies of the Software in any form, to modify, distribute, publicly demonstrate or publicly display the Software used to provide Services, or any other rights regarding the Software that are not expressly specified in this Agreement. The Provider reserves exclusive intellectual property rights of the Software that is used for providing Services.
- The source code of the Software (including its parts) and the algorithms of its work are the trade secrets of the Provider, access to which is prohibited for the Customer and third parties.
- Any Customer’s actions regarding the Software, which are not expressly allowed in this Agreement, are prohibited and establish a violation of the Provider's exclusive intellectual property rights of the Software, which is the sufficient ground for terminating this Agreement and/or taking protective measures of violated rights and legal interests of the Provider.
- Trademarks owned by the Provider are prohibited for using in connection with any product or service without the prior written consent of the Provider.
- TERM OF THE AGREEMENT. TERMINATION OF THE AGREEMENT
- This Agreement is concluded from the moment the Customer’s account is created on the website https://uspacy.partners.
- This Agreement is valid from the moment of its conclusion until it is terminated in the manner prescribed in this section of the Agreement.
- Each of the Parties may terminate this Agreement unilaterally without specifying the reason by sending the other Party a written (electronic) notice no later than 30 (thirty) calendar days before the intended termination date. In such a case, the Agreement shall be terminated on the 31st (thirty-first) calendar day after one Party receives the other Party’s notice of termination.
- The Customer is entitled to delete his Space. In this case the Agreement is terminated from the moment the Customer deletes the Space.
- In case of termination of the Agreement by the Customer or the Customer's rejection of the Tariff Plan, the funds paid by the Customer for the Provider's Services are not subject to return to the Customer regardless of the actual use of the Services by the Customer and the reason for termination of the Agreement by the Customer or the Customer's rejection of the Tariff Plan.
The Provider is entitled to suspend access to Software for a period determined by the Provider or delete the Customer's Space and terminate this Agreement unilaterally within a period determined by the Provider without compensating the Customer the cost of the paid Services, any expenses and losses, by sending the Customer a written (electronic) notice for the following reasons:
- Execution by the Customer or any authorized user of the Customer of actions that, in the opinion of the Provider (a) pose a threat to the security of the Software functioning or (b) may lead to the responsibility of the Provider, or (c) are or may be fraudulent (d) violate the applicable law.
- The Customer or any authorized user of the Customer has violated any provision of this Agreement.
- Disclosure by the Customer or any authorized user of the Customer confidential information to third parties, regardless the presence or absence of the Provider actual losses caused by such disclosure.
- Illegal access by the Customer or any authorized user of the Customer to the trade secret of the Provider.
- Violation by the Customer or any authorized user of the Customer the representations and warranties.
- Termination or change of the conditions of provision by third parties to the Provider of third-party software, services and technologies used for the functioning of the Software.
- Access by the Customer to the Software for purposes prohibited by law or for purposes that violate the rights of third parties.
- Changes in current legislation or regulatory acts of government affecting the Provider and/or his affiliates, as a result of which providing access to the Software becomes impossible or excessively difficult.
- The Customer has not used the Software and has not accessed the Space during 180 continuous days under the terms of the free Tariff plan.
Consequences of termination of the Agreement:
- Termination of the Customer's access to the Software.
- Termination of the rights and obligations of the Parties, except the obligations specified in sections 7, 11, 12, 13, 14, 16 of this Agreement.
- All Customer’s data and Content owned or controlled by the Provider shall be anonymized or permanently deleted by the Provider, except when retention of the Customer's data is required by law.
- In case of termination of the Agreement by the Provider except the reasons determined in clause 8.6 of this Agreement, the Customer is entitled to return to him or her the funds paid by the Customer for the Services, excluding the fees for the Services for the period of validity of the Agreement. The calculation of the daily fee for the Services is as follows: the cost of the Tariff plan / the term of validity of the Tariff plan in calendar days. Refunds are made on the basis of the written application to the account from which the payment was made. Documents identifying the Customer shall be attached to the application. Refunds are not made in cash. Refunds for the benefit of a third party at the Customer's request are not made.
- CHANGE OF THE AGREEMENT
- The Provider is entitled to make any changes and amendments to this Agreement unilaterally at any time with any special announcement by posting a new version of this Agreement on the website https://uspacy.partners/terms-of-service/. The new version of the Agreement shall enter into force from the moment of its posting on the website https://uspacy.partners/terms-of-service/, in case otherwise provided by the new version of the Agreement. The Customer undertakes to periodically review the current version of the Agreement. If after the expiration of 5 (five) calendar days after the the new version of the Agreement was posted on the website https://uspacy.partners/terms-of-service/, the Customer continues to use the Provider's Software, has not sent a notice of termination of this Agreement or has not deleted his Space, then it means that the Customer fully and unconditionally agrees to grant him access to the Software under the changed terms of the Agreement.
- REPLACEMENT OF PARTIES IN THE AGREEMENT
- The Customer is entitled to transfer his rights and obligations partially or in full according to the Agreement to another person (new Customer) only under the conditions of receiving the written consent of the Provider. The transfer of rights and obligations is carried out only on the conditions that the new Customer fully and unconditionally agrees to all the terms and conditions of this Agreement. The Customer undertakes to provide the Provider complete and reliable data about the new Customer in order to re-register the Customer's account to the new Customer.
- The Provider is entitled to transfer its rights and obligations according to this Agreement to a third party (Successor). The Customer grants his of her prior consent to such transfer of rights in the scope and on the terms that will exist at the time of replacing the Provider in the Agreement.
- The parties shall be liable for non-fulfilment or improper fulfillment of their obligations of the Agreement according to this Agreement and legislation.
- Access to the Software is provided in accordance with the principle "as is" generally accepted in the world practice. The Provider does not guarantee that the functionality of the Software will meet the Customer's expectations and can be used for the Customer's specific purpose.
- The Provider shall not be liable to the Customer for delays and interruptions in the operation of the Software, which occur directly or indirectly for reasons beyond the Provider’s reasonable control.
- The Customer agrees that the software, equipment and services of third parties are used for the operation of the Software, and the Provider shall not be liable to the quality of the services and works of these third parties.
- The Customer agrees that no software is error free. If errors are detected during the use of the Software, the Provider will take measures to correct them within the shortest possible time. The parties agree that it is impossible to establish an exact deadline to fix the error, since the Software closely interacts with programs of third-party developers, and the operability and time of the fixing of the problem do not fully depend on the Provider.
- The Customer agrees that the integration into the Software and the use of the Components of third parties is carried out by him or her at his or her own discretion and risk. The Provider does not control the content, quality, compliance with the legislation and the Client's expectations of the Third-party Components. The Provider shall not be liable to the content and results of installing or using Third party Components, including the functional capabilities of the Software after their installation. The Provider shall not be liable to damage caused by the use or inability to use any Third party Components.
- The Provider shall not be liable to the Customer for lost profit or benefit, or for losses due to absence of access to the Software or the possibility to use the Software, or interruption of the Customer's business activities, regardless of the causes and reasons.
- In the event of failures or obstacles in the Customer's access to the Software for more than 12 consecutive hours within one day, the Customer is entitled to extend the period of access to the Software by the amount of time during which there were such failures or obstacles in access according to the terms of the Tariffplan, which was used by the Customer during the existence of the said failures or obstacles.
- The parties agree that the Provider does not guarantee uninterrupted operation of the Software, since the Software closely interacts with the programs of and third parties.
- FORCE MAJEURE
- The parties shall be released from liability for delay or non-fulfillment of any obligations of this Agreement, if such delay or non-fulfillment is the result of force majeure circumstances that occurred after the conclusion of the Agreement. Force majeure circumstances, include: accidents that caused a violation of the integrity of the Provider's network or the disconnection of the power supply of the active equipment of the Provider's network; cyber attacks, including DDoS attacks; external influence on electronic devices; external unauthorized interference in an electronic or digital network; power outage; power supply failures; natural and industrial disasters; civil unrest; terrorist acts; military actions or special military operations; war; adoption of acts by public authorities; local authorities; international organizations including prohibitions or restrictions of the activities of the Party or Parties according to this Agreement, including the imposition of sanctions against individual citizens or legal entities; other circumstances that could not be predicted or prevented by reasonable measures, if such circumstances directly affect the Parties' performance of their obligations according to this Agreement.
- In the event of the occurrence of force majeure circumstances that prevent the fulfillment of obligations under this Agreement, the deadline for the fulfillment of such obligations by the Parties shall be postponed in proportion to the duration of such circumstances, as well as the time necessary to eliminate their consequences, but not more than 60 (sixty) calendar days days In the event that force majeure circumstances continue to operate for 60 (sixty) calendar days, this Agreement shall be terminated on the 61st (sixty-first) calendar day from the date of occurrence of force majeure circumstances without compensation for damages related to force majeure circumstances, unless otherwise agreed by the Parties in written (electronic) form.
- CONFIDENTIAL INFORMATION
Confidential information means all information disclosed by one Party of the Agreement to the other Party, which is known to a limited circle of persons (not publicly available), and corresponds to at least one of the following characteristics:
- marked as confidential or
- may reasonably be considered a trade secret or confidential information, regardless of whether it is marked as confidential information or trade secret, or
- client database, agreements, accounts, banking and financial information, business plans, marketing plans, technology and technical information, information about intellectual property objects, information about business processes.
Confidential information does not include:
- information that is or becomes public knowledge, or is publicly available for reasons unrelated to the action or inaction of the Party of this Agreement;
- information provided to third parties with the prior written consent of the Party of this Agreement;
- information, the disclosure of which is necessary in accordance with the requirements of current legislation. Such information may be provided only to bodies or institutions duly authorized to request and receive confidential information in accordance with current legislation.
- The parties undertake not to transfer or disclose Confidential Information to third parties without the prior written consent of each other during the entire period of validity of the Agreement, and within 5 (five) years after the expiration of the Agreement.
- The disclosure of confidential information means, but is not limited to, the following actions: publishing it in the press, broadcasting on radio, television or using other mass media; distribution on the Internet or using other means of telecommunication; statements, letters addressed to third parties, announcments in public speeches, in electronic social networks; other actions that lead to access of third parties to confidential information.
- The party that received confidential information undertakes to take appropriate and sufficient measures to ensure its confidentiality.
- The party that received the confidential information undertakes not to use the confidential information for any other purpose, except for the fulfillment of this Agreement.
- The party that received confidential information undertakes not to disclose confidential information to any of his employees or contractors, except when the employee or contractor needs access to confidential information in order to ensure the fulfillment of this Agreement, provided there is a written agreement on non-disclosure of confidential information with such employee or contractor.
- The Customer agrees that the Provider has right to to aggregate, systematize and analyze the information received from the Customer, after depersonalization of this information, including confidential information, for the purpose of creating various information and analytical reports and databases. The Provider guarantees non-distribution and preservation of confidential information contained in reports and databases in accordance with this Agreement and current legislation. The Provider is the owner of the exclusive property rights to such information and analytical reports and databases as to the objects of intellectual property.
- Confidential information means all information disclosed by one Party of the Agreement to the other Party, which is known to a limited circle of persons (not publicly available), and corresponds to at least one of the following characteristics:
- PERSONAL DATA
- In the event the Customer provides the Provider with the personal data of third parties, the Customer confirms that he has valid legal ground to process their personal data by the Provider.
- The Customer shall be fully responsible for the Content, safety and legal compliance of the Content and agrees that the Provider does not control or verify the Content. The Customer agrees that he or she is solely responsible for all Content that is downloaded or generated or that is stored on the Customer’s Space.
- The Customer is entitled to download and store Content in the Space, the total volume of which does not exceed the maximum amount allowed under the relevant Tariff plan.
- The Customer authorizes the Provider to back up the Customer's Content, including personal data. The Customer agrees that, despite regular backups of the Content, the Provider does not guarantee the preservation, integrity and non-damage of the Customer's Content. The damage of Customer’s Content may occur, in particular, before or during backup. The Provider will attempt to correct any known or discovered problems that may affect the backup of the Content. At the same time, the Customer agrees that the Provider shall not be liable to the integrity of the Content or the inability to restore the Content to a usable condition. The Customer agrees to keep a complete and accurate copy of the Content in a place independent of the Provider.
- APPLICABLE LAW AND COURT
- This Agreement shall be governed by and construed in accordance with laws of Ukraine.
- All disputes that arise or relate to this Agreement shall be resolved by the courts of Ukraine in accordance with the law of Ukraine.
- CONTACT INFORMATION
All the addresses for the exchange of information and documentation necessary for the fulfillment of this agreement are:
For the Customer:
- Email address indicated by the Customer during the registration.
For the Provider:
- Email address: firstname.lastname@example.org
- Postal address: 21 Velyka Zhytomyrska Street, Off 3, Kyiv, Shevchenko district, 01001
- All notices and documents shall be sent only to the above-mentioned addresses. The Customer is responsible for not receiving any notices from the Provider in case the address is incorrect or changed, and the Customer has not informed the Provider of a new email address.
- The Parties agreed that invoices, acts, attachments, other primary documents (with the exception of restrictions established by law) can be drawn up in electronic form and signed by authorized representatives of the Parties using a qualified electronic signature with further exchange in the electronic document service (system). The parties agree that their use of a stamp when signing electronic documents is not necessary. The use of a qualified electronic signature and electronic document service (system) is carried out by the Parties in the manner and under the conditions set forth in the legislation of Ukraine.
- All the addresses for the exchange of information and documentation necessary for the fulfillment of this agreement are:
- INFORMATION ABOUT THE PROVIDER
Registration code: 44672033
Legal address: 21 Velyka Zhytomyrska Street, Office 3, Kyiv, Shevchenko district, 01001