The customer fully and unconditionally accepts (accepts) the offer and, under its terms, concludes a contract by performing any action:
• payment for services by any available method on the Service or
• registration on the Service (depending on what was done earlier).Subject of the Contract
• The Contractor provides access to the Service and other related services, and the Customer undertakes to pay for them in accordance with the selected tariff.
• Access to the Service allows the Customer to use the necessary space on the server for processing and storing data entered using the Service.
• Access to the Service
• To access the Service, the Customer registers on it.
• When registering, the Customer must provide accurate and up-to-date information.
• To confirm the data provided by the Customer, the Contractor may send:
• SMS message with a verification code to the phone number provided during registration, and
• an email with a link to the address provided during registration.
• After the Customer clicks on the link and enters the code from the message, the Contractor grants the Customer access to the personal account on the Service (hereinafter - Personal Account).
• The Customer can subsequently access the Service through the Personal Account or through software integrated with the Service (API).
• From the moment the Personal Account is activated, the Customer starts incurring expenses for the granted right to use the Service.
• Based on a request to the Contractor, the Customer may transfer access to the Service to a third party.
• In this case, upon agreement by the Contractor, the right of use for the current Customer ceases.
• The Customer guarantees that there is a contract between him and the third party mentioned in the application regarding the transfer of rights.
• Conditions for Providing the Service
• The Service is provided by the Contractor "as is."
• The Contractor does not guarantee that:
• the Service will work on any equipment, on any workstation, in conjunction with any other applications without errors.
• the functional capabilities of the Service will fully meet the Customer's expectations, needs, and perceptions.
• The Contractor takes all reasonable measures and performs any expedient actions aimed at maintaining the operability of the Service.
• The Contractor does not provide warranty service for the Service.
• The Contractor provides round-the-clock access to the Service, except during scheduled maintenance, provided the Customer's timely payment of the tariff for the services.
• The Contractor publishes information about scheduled maintenance in the Personal Account.
• The Contractor may suspend access to the Service without prior notice during unscheduled emergency recovery work.
• The Contractor's obligations are limited by the Contract: the Contractor is not obliged to provide the Customer with access to the Internet, configure and/or diagnose the computer, hardware, and software, or train the Customer and/or the Customer's employees to access the Service.
• Changes to the Service and its Usage Rules
• The Contractor has the right to unilaterally change the tariffs and the offer at any time, which, if changes are made, come into effect from the moment of their publication, unless otherwise provided by their new editions.
• If the Customer continues to use the Service, the changes are considered accepted by the Customer.
• If the Customer disagrees with the changes, he must, within 5 (five) business days from the date the changes take effect, send a corresponding notification to the Contractor's email address specified on the Service and stop using the Service.
• The Contractor has the right to release new releases and versions of the Service at any time, establish conditions for their provision to the Customer. As a general rule, the improved Service is provided under the terms of the concluded Contract, unless otherwise specified in the tariffs.PaymentService Cost and Payment
Refund of Funds
- The cost of services is determined by the tariffs specified in the Personal Account.
- The Customer pays the selected tariff through advance payment via non-cash payment methods.
- The Customer has the right to choose any payment method available on the Service.
- If the Customer has chosen payment based on the Performer's invoice, they are obligated to pay it within the specified period. After this time, tariffs may change.
- Individuals paying for services by credit card or other electronic payment methods may agree in the Personal Account to make recurring payments according to the tariffs, establishing regular payments.
- The procedure of automatic recurrent payment (recurring payment) is carried out by the system depending on the availability of funds in the Customer's account linked to the Personal Account, on one of the following days:
- one day before the date of the previous payment,
- the day of the previous payment,
- the day following the day of the previous payment.
- To deactivate recurrent payment, the Customer must cancel it through the Personal Account no later than one day before the recurring payment due date.
- Security, confidentiality, and other conditions of the payment method/form chosen by the Customer are not covered by the Agreement and are governed by agreements between the Customer and the respective companies.
- The Customer is solely responsible for the accuracy of the payments they make, including in the event of changes in the Performer's banking details, from the moment the new details are communicated to the Customer by being published on the Performer's website.
- The moment of payment and the commencement of services is considered when the funds are credited to the Performer's settlement account or to the Customer's account balance on the Service.
Transfer of Funds
- The Customer has the right to request a refund of funds paid for services if they have not been deducted from the Customer's account balance.
- To request a refund, the Customer must send the Performer a scanned copy of the signed refund application in the form specified on the Service.
- When refunding funds, the Performer has the right to deduct in full the costs incurred by them related to operations (including multiple) for crediting, debiting, conversion, and transfer of the refunded amount, including but not limited to bank commissions, the cost of Internet acquiring services, costs related to currency control for fund transfers, and currency conversion fees.
- The Customer is informed that under no circumstances will the funds be refunded in case of any of the following events:
- The Service does not meet the Customer's subjective expectations.
- The Customer does not use the Service without any circumstances preventing its full utilization.
- The occurrence of other circumstances arising due to the Customer's fault, including actions performed intentionally and/or negligently.
- If the Customer's refund request is approved, the Performer will transfer the refunded amount within 30 calendar days.
- The final refund deadlines depend on the bank's policy, and for transfers to a foreign bank account, on the established procedure for currency control. The Performer may request the replacement of the bank account and/or bank for the refund process.
- If the refunded funds have been debited from the Performer's settlement account but have not been credited to the Customer's account due to reasons beyond the Performer's control, the Customer cannot demand the Performer to send additional funds.
If there are funds on the Customer's account balance on the Service exceeding the amount for tariff payment, the Customer has the right to submit a request to the Performer for transferring funds to another Personal Account owned by the Customer or another person.
If the Customer has submitted a request to transfer funds to another Personal Account, they may:
Retain the current Personal Account;
Notify the Performer of the termination of the Agreement regarding the current Personal Account.
If the Customer has submitted a request to transfer funds to another person's Personal Account, they assure the Performer that:
There is an agreement with the owner of the Personal Account to which the Customer intends to transfer funds;
They will not raise claims regarding improper transfer made based on the request;
The request to transfer funds is not related to concealing money.
The Performer has the right to refuse the transfer of funds if the amount specified in the request exceeds the remaining funds on the Customer's account balance on the Service or if the Customer has outstanding obligations at the time of receiving the request, or for other reasons that the Performer informs additionally.
The Customer is prohibited from:
-Providing access to the Personal Account and/or API to third parties.
- Assigning their obligations under the Agreement to third parties;
-Reproducing, copying, adapting the Service;
-Violating the standard launch and operation mode of the Service in accordance with its functions;
-Removing restrictions on the use of the Service set by the Performer;
-Republishing materials and/or content placed on any page of the Service without prior written permission from the Performer, using them to create and publish electronic reference-encyclopedic publications and databases similar to the Service;
-Making materials and documents contained in the Personal Account publicly available;
-Using trademarks and logos of the Service.
Blocking Access to the Service and Termination of the Agreement
The Performer has the right to immediately, without prior notice to the Customer, block access to the Service in any of the following cases:
-The Customer has not paid the tariff or has other outstanding debts.
-The Customer has refused to perform the Agreement under the new tariffs.
-The Customer has violated any condition of the Agreement.
-The Customer provided false information during registration or subsequently in the Personal Account.
If the Customer does not rectify the reasons for the blockage within the deadlines specified by the Performer, the Performer has the right to unilaterally terminate the Agreement by sending the corresponding notification to the Customer via email or in the Personal Account, followed by the deletion of the Personal Account.
The Performer has the right to unilaterally terminate the Agreement and delete the Personal Account if the Customer does not use it for more than 6 months.
The Performer has the right to delete the Personal Account and the data stored in it without the possibility of recovery upon the expiration of the Agreement term.Performer's Liability
- The Performer is responsible for the damage caused to the Customer as a result of the services provided by the Performer only in case of proving the Performer's direct unlawful action or inaction.
- The total liability of the Performer under the Agreement is limited to the amount paid by the Customer during the quarter preceding the date of the respective claim.
- The Performer is not liable for the damage incurred by the Customer as a result of using the Service. The Performer does not compensate the Customer for lost profits, moral damages.
- The Performer is not liable for:
- The quality of telecommunications and communication lines;
- The impossibility to use the Service for reasons beyond its control, including due to equipment malfunctions, service provider failures, and contractors' failures (lack of electricity supply), delays and interruptions occurring directly or indirectly due to reasons that are beyond the Performer's competence and control;
- The inability to obtain specific information, if such impossibility arose due to the owner of the information, as well as for the completeness and accuracy of information in the source;
- The Customer's incorrect interpretation of the information obtained when using the Service;
- The actions and decisions made by the Customer based on the information obtained when using the Service;
- The Customer's transmission of information to third parties using the Service. The Performer does not control the content of the data and/or information transmitted, posted, used through the Service, does not initiate the transfer of data and/or information placed by the Customer in the Service, and is not responsible for them.
- Any damage of any kind suffered by the Customer in connection with the disclosure of information about their account to third parties, as well as in case the information from the Service becomes accessible to third parties due to their unauthorized access to it or the actions of viral or malicious software;
- The outdated or incorrect details provided by the Customer in the statement of refusal to perform the Agreement.
- Any information or advice given by the Performer (responsible official of the Performer) cannot be considered as guarantees, as they are advice, not technical means of ensuring the provision of Services.
- The Customer is responsible for:
- Compliance with all legal requirements, including, but not limited to, legislation on advertising, copyright and related rights, protection of trademarks and service marks, including full responsibility for the content and form of content set (can be set) by the Customer redirecting hyperlinks from the content, other actions of the Customer as an advertiser and/or producer of advertising;
- The accuracy of the information provided when applying for services and payment documents when paying for them;
- The preservation and confidentiality of access to the Service;
- Any data and/or information they place, transmit, and/or use in the Service or through it.
- In case of claims against the Performer for the violation of third-party rights, as well as upon receiving relevant requests from authorized state authorities regarding the violation of legislation in connection with the placement, use, transmission of data and/or information by the Customer and/or in case of corresponding risks and/or fines imposed on the Performer, the Performer has the right to:
- Delete the respective data and/or information;
- Demand from the Customer to compensate for the losses in the amount equal to the fines and/or other financial claims imposed on the Performer.
- In case of disputes or disagreements related to the execution and/or interpretation of the Agreement, the version of the Agreement that was effective at the time the dispute and/or disagreement arose shall be applied.
- The pre-trial settlement procedure for disputes specified in the Agreement is mandatory for the parties.
- The party shall consider the received claim within 10 (ten) business days.
- Unresolved disputes shall be resolved in court at the location of the Performer.
- Closing Documents
- After payment according to the issued invoice, the Performer sends corporate Customers the reporting documents in the form of color scanned copies of signed documents in the Personal Account or via email.
- The Performer has the right not to send reports and acts to individual Customers.
- The service is considered provided from the moment of providing access to the Service.
Term of the Agreement
- The Customer has the right to send complaints regarding the Service's operation, notifications, and documents via email specified in the Service's contacts section of the Performer.
- The Performer has the right to send any notifications and documents to the Customer in the Personal Account or to the email specified during registration or in the Personal Account.
- The email correspondence between the Parties at the specified addresses has legal force and serves as written evidence in case of a dispute. Documents received in this way are accepted as originals and have legal force until the original documents are received.
- The Agreement becomes effective upon acceptance and remains in force until the removal of the Personal Account.