public offer for the provision of services using software products
EXPANE, LLC (hereinafter - "Executor"), acting on the basis of the Certificate on the one hand, offers this document to an unlimited number of individuals and legal entities, hereinafter - the Client or the Customer, on the other side (hereinafter together - the Parties) - to accept this Public Offer (to enter into an agreement on the provision of services using the "Expane" software products).
The offer is public and, according to Art. Art. 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Clients or Customers. Unconditional acceptance of all terms of this Public Offer without any exceptions and / or limitations is considered acceptance of this Public Offer (hereinafter the Contract) by the Contractor and the Customer, and the Contract itself is automatically considered concluded.
1.1. Public offer – an offer by the Contractor, addressed to an unlimited number of natural persons in accordance with Article 641 of the Civil Code of Ukraine, to enter into an Agreement for the provision of services under the specified conditions of the Agreement.
1.2. This agreement is a deed drawn up in the form of an accession agreement in accordance with Art. 634 of the Civil Code of Ukraine on the provision of services, the terms of which are established by the Contractor, and which can be concluded only by joining the Customer to the proposed Agreement as a whole.
1.3. The Contractor's website is a web page on the Internet, at the address https://app.expane.pro, which is the main source of information for the Customer and / or can be used by the Customer to order the Contractor's services.
1.4. The full version and mobile application of the "Expane" software product is software designed to be installed (downloaded) on the Customer's smart devices running iOS and Android operating systems, which is provided by the Contractor to the Customer for temporary use (during the term of this Agreement) for ordering the services of the Contractor and further electronic use of the functional content of the "Expane" program within the framework of this Agreement.
1.5. Authorized access – access to the Contractor’s services subject to successful attestation of the legality of the user’s remote access to the Contractor’s server, which is carried out using a confirmation code automatically generated by the Contractor’s server.
1.6. Invitation code - an individual set of characters that is automatically generated by the Contractor's Server, sent by message to the phone number specified by the Customer and allows registration on the Contractor's server.
1.7. Account data – data of the User (Customer), which are used to identify him and provide authorized access to the full version and mobile application of the Program.
1.8. Personal data - information or a set of information about a natural person who is identified or can be specifically identified.
1.9. Consent of the subjects of personal data – voluntary expression of the will of individuals and legal entities, giving permission for the processing of their personal data in accordance with the purpose of processing.
1.10. Processing of personal data – any action or set of actions, such as collection, registration, accumulation, storage, adaptation, change, renewal, use and distribution (distribution, realization, transfer), depersonalization, destruction of personal data, including using information (automated) systems.
1.11. Rules for the provision of relevant Services – the terms of provision of Services, which are chosen by the Customer within the framework of this Agreement, are an integral part of it and are the only source of settlement of all relations between the Customer and the Contractor arising in the process of providing Services. All advertising, presentation and other materials created and existing for the purpose of informing about the Contractor's services are of an informational and reference nature only and are not a source of regulation of all the terms of the provision of Services.
1.12. Program - the "Expane" Program (both as a whole and its components), which is a set of data and commands presented in an objective form, including the source text, database, audiovisual works included by the Artist in the specified program, and as well as any documentation regarding its use.
1.13. Use of the Program - use of functionality and / or launch in the order specified by the user (technical) documentation and this Agreement.
1.14. Authorized user - a user registered by the Customer in the Program and authorized in it at least once.
1.15. An account is an information resource, which is a set of data of one copy of the Program with a unique identifier, with the help of which program objects are grouped for their joint display and use.
1.16. Technical support - measures carried out by the Contractor within the limits and scope established by him to ensure the functioning of the Program, including informational and advisory support of the Customer on the use of the Program.
1.17. Agreement - a document on the basis of which the Contractor (or another person with appropriate rights) provided the Customer with the Program for its use under the terms of this Agreement.
1.18. Registration - an action of the Customer aimed at creating an Account, which is carried out in the manner and for the purposes provided for by the license of the corresponding type.
1.19. Account - a record in the Contractor's system (login / password pair or a special api key) that stores data that allows identification and authorization of the Customer and the authorized user.
1.20. The type of license is a tariff plan chosen by the Customer based on the Contractor's proposal.
2.1. This Agreement is concluded between the Contractor and the Customer in the form of an accession agreement in accordance with Art. 634 of the Civil Code of Ukraine and is valid until the Parties fulfill their obligations.
2.2. The publication (posting) of the text of the Agreement on the Contractor’s website is an official offer (Public Offer) of the Contractor, addressed to an unspecified circle of persons in accordance with Article 641 of the Civil Code of Ukraine, to enter into an agreement with him on the provision of services under the terms of the accession agreement.
2.3. In case of acceptance of the terms of this Offer, the Customer agrees to all the terms of this Agreement and confirms that he understands all its provisions.
2.4. This Offer is an open and publicly available document. The current version of the Agreement is posted at: https://expane.pro and is available for review until the Customer accepts the terms of the Agreement.
2.5. The Contractor has the right to change or supplement the Agreement at any time without prior or subsequent notice, which is published 10 days before they enter into force and are made public by means of a publication on the Site. The Customer is responsible for familiarizing himself with the current version of the Agreement.
2.6. Continuation of the Customer's use of the full version and mobile application of the Program after the entry into force of changes and / or additions to the text of the Offer means the Customer's acceptance of the updated Agreement. In case of disagreement of the Customer with the changes and / or additions made by the Contractor to the text of the Offer, or disagreement with the new tariffs for the service, the Customer must stop using the mobile application.
2.7. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and execution of the Agreement in accordance with its terms. The customer also confirms that there are no circumstances that could render such an agreement null and void.
2.8. This Agreement is public within the meaning of Article 633 of the Civil Code of Ukraine.
2.9. By joining this Public Offer, the Customer gives consent to the Contractor for the use and processing of his personal data within the framework of the Law of Ukraine "On the Protection of Personal Data".
2.10. The Contractor grants the Customer the right to use the Program within its functional capabilities by connecting to the Program via the Internet, exclusively for independent use by the Customer without the right to sublicense to third parties.
2.11. Services for using the Program are provided 24 hours a day, seven days a week without interruption (except for cases provided by law and these Rules). Accounting time for providing the service - Kyiv. The conditions for providing the service of using the Program by the Operator are the payment of these services in accordance with the terms of this Agreement, Rules and Tariffs.
2.12. This Agreement is concluded directly at the moment of the start of use of the Program by the Customer and is valid for the entire period of its lawful use by the term established by the terms of this Agreement.
2.13. The Contractor grants the Customer the right to use the Program in the manner and under the conditions stipulated by the current legislation of Ukraine and this Agreement.
2.14. The cost of access to the "Expane" program (both as a whole and to its components) for one user is determined by the Contractor's Price List, published on the Internet at https://app.expane.pro.
2.15. In the event of the appearance of new functions in the system, in addition to the functions developed by agreement with the Customer, the Contractor at his discretion has the right to demand additional payment for their use.
3.1. The conclusion of the Agreement is carried out through the Customer's joining the Public Offer through his full and unconditional acceptance (acceptance) of the terms of this Agreement as a whole, without any conditions, exclusions and comments.
3.2. The Customer confirms that before concluding this Agreement, he was fully and properly familiarized with all its provisions and accepted them of his own free will without any coercion. Confirmation of familiarization with the terms of the contract and their acceptance is also the setting of a symbol in a special field under the words "I have read and agree to the terms of the Privacy Policy and the Offer Agreement", which appears when the mobile application is first downloaded.
3.3. The customer accepts the Agreement (that is, gives his direct and irrevocable consent to comply with all its terms) by performing at least one of the following actions collectively or individually:
3.4. The fact of conclusion (acceptance) of the Agreement is the performance by the Customer of the actions specified in clause 3.3. Section 3 of this Agreement. Registration of the Customer in the full version and in the mobile application of the Program is sufficient to receive services and pay for them.
3.5. The contract, subject to compliance with the procedure for its acceptance, is considered concluded in a simple written form, enters into force from the moment of acceptance and is valid for the entire period of receiving services, or until the moment of its termination on the grounds determined by the terms of the contract and / or the norms of the current legislation of Ukraine. Expiration of the Agreement does not release the parties from fulfilling their obligations.
3.6. The conclusion of the Agreement means that the Customer: has familiarized himself with the rules of service provision to the extent necessary for him; recognizes the professional suitability of the Contractor and the rules for performing all actions described in this Agreement and accepts all the terms of the specified Agreement without comments.
3.7. The full version and mobile application of the Program functions on an "as is" basis, i.e. as the Customer currently sees it and is available to the Customer.
3.8. The Contractor is not responsible for any unauthorized access or use of the full version and mobile application of the Program and / or any user information stored on the Server, as well as for any errors, failures, viruses and other deficiencies and violations in Programs that may be unlawfully and without the Contractor's knowledge transferred by the Customer to third parties and their consequences for the User, including but not exclusively: for damages, lost profit, moral damage, damage to honor, dignity and business reputation.
4.1. The program is the result of intellectual activity and the object of copyright (the Program), which is regulated and protected by the legislation of Ukraine on intellectual property and norms of international law.
4.2. Algorithms of the Program and its source codes (including their parts) are trade secrets of the Contractor. Any use of them or use of the Program in violation of the terms of this Agreement is considered a violation of the Contractor's rights and is a sufficient reason for depriving the User of the rights granted under this Agreement and in the future entails bringing the guilty person to the responsibility established by the current legislation of Ukraine.
4.3. Liability for copyright infringement occurs in accordance with the current legislation of Ukraine.
4.4. his Agreement does not grant the Customer any rights to own the Program and to use trademarks and Service Marks of the Contractor and / or its partners.
4.5. The Customer may under no circumstances delete or make inconspicuous information and information about copyrights, rights to trademarks or patents specified in the Program.
5.1 The customer has the right:
5.1.3. Receive necessary and reliable information about the Contractor, the scope of services provided by him, as well as other information related to the provision of services.
5.1.2. Control the provision of services by the Contractor.
5.1.1. Refuse to provide services if the services provided do not meet the terms of the Agreement.
5.2. The customer undertakes:
5.2.1. Provide complete and reliable information necessary for the identification of the Customer.
5.2.2. Provide surname, name and patronymic, means of communication, address of the place of provision of services, the essence of the service, as well as other additional information when requested by the Contractor.
5.2.3. When applying to the Contractor for the provision of services, do not violate the requirements of current legislation and the norms of morality and morality accepted by society, do not use the results of the provision of services by the Contractor for illegal purposes, as a result of which the rights and legitimate interests of the Contractor and / or third parties may be violated.
5.2.4. To pay for the services of the Contractor in a timely manner, in the order, amount and within the terms specified in the Agreement.
5.2.5. Provide the Contractor's representatives with access to the software in case of difficulties in using it.
5.2.6. Prepare and provide the Contractor with all necessary materials for the performance of the work.
5.2.7. Accept the services provided by the Contractor if they comply with the terms of the Agreement.
5.2.8. When using the services, be guided by the reference information posted in the appropriate section on the website https://app.expane.pro.
5.2.9. In the event of claims regarding the services provided by the Contractor, notify the Contractor in writing in a free form within 3 (three) calendar days from the moment when the Customer became aware of the Contractor's non-fulfillment or improper fulfillment of its obligations under this Agreement.
5.2.10. Exclude access to the full version and mobile application of the Program from third parties (to third parties not belonging to the Customer's business activity), not to transfer user credentials to third parties (to third parties not belonging to the Customer's business activity) mobile application of third-party Apps, do not transfer user credentials to third parties.
5.2.11. To comply with the legislation of Ukraine regarding the protection of the Artist's copyright.
5.3. The executor has the right:
5.3.1. Engage third parties who have the necessary qualifications to provide a specific type of service for the performance of their duties.
5.3.2. Check the information provided by the Customer, as well as the Customer's fulfillment of the terms of the Agreement.
5.3.3. Refuse the Customer to provide services in cases where:
5.3.4. Change or supplement the Agreement at any time without prior or subsequent notice, which is published 10 days before they enter into force and are made public by means of a publication on the Site https://expane.pro The Customer is responsible for familiarizing himself with the current version of the Agreement. Continuation of the use of the mobile application by the Customer after making changes and / or additions to the Agreement means acceptance and consent of the User with such changes and / or additions.
5.4. The executor undertakes:
5.4.1. Provide the Customer with the opportunity to receive services of appropriate quality
5.4.2. Provide the Customer with the opportunity to receive information on the provision of services.
5.4.3. Provide the Customer with the opportunity to receive services.
5.4.4. In the case of impossibility of providing the service due to the Contractor's fault, immediately notify the Customer of the impossibility and agree on the date and time of service provision. If the Customer does not agree to another day and time, the Contractor is obliged to return the last subscription made to the Customer.
5.4.5. To ensure the confidentiality of information related to the subject of the Agreement, the progress of its implementation and the results obtained in accordance with the established procedure.
5.4.6. To comply with the requirements of the Law of Ukraine "On Personal Data Protection" when processing personal data of System Users.
6.1. This Public Offer (Agreement) defines the specifics of providing business management services in terms of "Expane" software products.
6.2. The customer pays the cost of the services provided to him in a timely manner and in full, according to the tariffs established by the Contractor. The cost of services is determined in the invoice issued by the Contractor, which is displayed on the Contractor's website.
6.3. The amount of the contract consists of the amount of ordered and provided services according to the Contractor's account.
6.4. The Customer is obliged to pay for the Contractor's services, unless otherwise specified in the invoice issued by the Contractor.
6.5. Services are provided from the moment of Acceptance by the Customer of the terms and conditions of this Agreement.
6.6. The place of service provision is considered to be the place identified and specified by the Customer.
6.7. The customer pays for the services by transferring money for the services to the current account of the Contractor.
6.8. The contractor has the right to unilaterally change the tariffs for services. The Contractor publishes information about such changes on its official website.
6.9. In case of rejection of the Order by the Customer, the advance payment / payment by the Contractor to the Customer is not returned.
6.10. The Contractor does not return the subscription made by the Customer in the case provided for in the sections of this Agreement.
6.11. Services are provided in the following order:
6.11.1. The customer accepts this Agreement in any way specified this Agreement and executes the Order using the Contractor's website and / or the full version and mobile application of the "Expane" Program.
6.11.2. The Contractor, having received confirmation of the Customer's acceptance of this Agreement, determines the date and time of the online consultation of a specialist (the representative of the Contractor) with the Customer.
6.12. Payment for Services is made in the national currency of Ukraine in accordance with the tariffs established at the time of provision of the Service on the basis of 100% prepayment.
6.13. The Contractor has the right to accept payments in another form in accordance with the rules for accepting payments posted on the Contractor's Website. By making a payment in the appropriate form, the Customer agrees to these rules in the version in effect at the time of making the payment. The rules, in particular, may establish the need to draw up additional documents for making payments, determine the terms of crediting payments, etc.
6.14. If the Customer chooses a payment system to pay for services, which sets an additional commission to the cost of the Contractor's service, the Contractor has the right to transfer the payment of such a commission to the Customer, indicating the final cost at the stage of payment and debiting of funds. Transfer of this amount by the Customer is his consent to pay for the service in the specified amount.
6.15. Possible payment methods and details for payment are indicated on the Contractor's website. The formation of invoices is carried out at the request of the Customer.
6.16. The procedure for debiting the fee for services:
6.16.1. Prices of services are determined by the relevant Tariff Plan. The price of the service consists of a fixed subscription fee for using the program.
6.16.2. The customer is obliged to ensure the availability of funds in the account before the set deadline for debiting the fee (payment deadline).
6.16.3. If the start of service provision is delayed due to insufficient funds for more than one month, the application for service provision is cancelled. The service, the provision of which is suspended due to insufficient funds for more than one month, is considered terminated at the initiative of the Customer.
6.16.4. If there is an overdue debt of the Customer on the Personal Account, the Contractor has the right to charge a penalty on the amount of the overdue debt in the amount of 0.1% for each day of the delay, but not more than 30% of the amount of the debt.
6.16.5. The customer has the right to refuse the service 3 (three) days before the start date of its provision and withdrawal of funds. When applying for a refund within the specified period, the amount of money is returned, taking into account the costs actually incurred (payment of commissions when making payments, payment for processing orders) in the amount of 50% of the cost of the paid tariff plan plus actually spent licenses for the past period. If the Customer received a bonus (goods or a discount from the basic tariff) when paying for services, then when returning funds, the amount from which the refund is made is reduced by the value of the bonus (goods or services) or the used licenses are recalculated, according to the Pricing Policy. In the case of payment by bank card, the refund is made to the same bank card. If the Customer refuses the service after the start of its provision, the license is non-refundable (written off), corresponding to the actual period of service provision (a multiple of 1 month).
7.1. The valid contract of the Public Offer is effective from the moment the Customer joins it.
7.2. The term of the contract is unlimited.
7.3. The Customer has the right to terminate the valid contract if the Contractor fails to fulfill its terms or if there is no need for the services. The Customer is obliged to notify the Contractor in writing about the termination of the contract.
7.4. After posting a valid Public Offer Agreement on the Contractor's website, all previous agreements that conflict with it become invalid.
7.5. If necessary, at the request of the Client, this Agreement can be executed in writing. Supplements, drawn up in writing and signed by the parties for the purpose of executing this contract, are an integral part of it.
8.1. The Customer is granted the right to Registration under this Agreement.
8.2. Registration is carried out by the Customer himself by creating his account with the support of authorized specialists of the Contractor.
8.3. For registration, the Customer undertakes to provide reliable and complete information about himself and authorized users on the issues proposed in the registration form, and to maintain this information in an up-to-date state.
8.4. Email address for accessing the Customer or Authorized User account.
8.4.1. When registering, the Customer or Authorized User independently chooses an email for accessing the account.
8.4.2. The Customer is solely responsible for all actions / inaction (as well as their consequences) within the framework of or using the Program under his Account, including cases of voluntary transfer or non-compliance with the confidentiality of data for access to his account to third parties under any conditions (including including under agreements or contracts).At the same time, all actions within the framework of or with the use of the Program under the Customer's account are considered to have been done by them, with the exception of cases that take place after the Contractor receives from the Customer a notification of unauthorized use of the Program under the Customer's account, sent in accordance with the procedure provided for in this Agreement, or any violation (suspected violation) of the confidentiality of your password.
8.4.3. The Customer is obliged to immediately notify the Contractor of any case of unauthorized access to the Program using his account and / or of any violation (suspected violation) of the confidentiality of his password. For security purposes, the Customer is obliged to independently perform a safe termination of work under his account ("Logout" button) after the end of each session of working with the Program. The Contractor is not responsible for the possible loss of data, as well as other consequences of any nature that may occur due to the Customer's violation of the provisions of this part of the Agreement.
8.5. Account deletion. The Contractor has the right to block and delete the Customer's Account, including all content, without explaining the reasons, in case of violation of the terms of the Agreement, actions that can harm the system or the company's reputation. From this moment, recovery of the account, any information related to it, as well as access to the Program using this account is impossible.
8.6. The customer has the right within the framework of this License and in accordance with the selected type of License to place the data belonging to him in the Account, if this does not violate this Agreement and the legislation of Ukraine.
8.7. The Contractor may, at his discretion, install additional functionality that may provide the Customer with access to additional resources of the service. The resources received by the Customer under the terms of the additional offer do not depend on the Customer's Tariff Plan and do not affect the volume of services available under the relevant Tariff Plan. The terms of additional offers are posted on the Service and form an integral part of these Terms.
8.8. The Customer and / or Authorized Users are not entitled to take actions that may cause:
8.9. The Customer is not given the opportunity and the right to modify the Program.
8.10. The customer independently ensures the availability of equipment for the use of the Program and access to the Internet.
8.11. The customer guarantees that he has all the necessary rights to all data, computer programs or services used by him in connection with the use of the Program, and that such actions do not violate the rights of third parties.
8.12. The Customer has no right to use the Program in other ways than specified in this Agreement, as well as to copy, sell and resell it or access it, except in cases where the User has received such permission from the Contractor.
9.1. The Contractor provides Technical Support to the Customer, including issues related to the functionality of the Program, features of operation on standard configurations of supported operating, postal and other systems in the order and under the conditions specified in the technical documentation for it.
9.2. The Customer has the right to contact the Technical Support Service of the Contractor without payment of an additional fee using the e-mail, Telegram bot indicated on the website.
9.3. In order to provide Technical Support, the Contractor has the right to request from the Customer the provision of information related to account data, technical characteristics of the equipment and other information necessary for the provision of Technical Support.
9.4. The full version and mobile application of the Program are provided with 24-hour (24 / 7) access to services via the Internet with the necessary level of access security and maintenance breaks. Technical support is provided daily from 9:00 a.m. to 9:00 p.m., excluding weekends and scheduled work hours.
9.5. In cases of technical and preventive works, the uninterrupted operation of the services is not guaranteed and the Contractor is released from the responsibility provided for in this Agreement, as well as the current legislation of Ukraine.
9.6. For questions related to the work of the "Expane" Program, users can contact the specified contact details on the Contractor's website.
10.1. The program is provided on an "as is" basis. The customer is aware of the functional limitations of the program and confirms that they may be applicable for his specific purpose within the functional capabilities of the system.
10.2. The Contractor does not initiate and does not control the placement of any information by the Customer in the process of using the Program, does not affect its content and integrity, and at the time of posting the specified information does not know and cannot know whether it violates the rights and interests of third parties protected by law, international agreements and current legislation of Ukraine.
10.3. The Contractor is not responsible for any damages (direct, indirect and incidental), including for lost profits, arising as a result of a malfunction of the Service, as a result of its use or impossibility of use. The executor is not responsible for any actions or inaction of a person and their consequences related to the use of information obtained from the Service, unless otherwise established by law.
10.4. If errors are detected when using the Program, the Contractor undertakes to take measures to correct them as soon as possible.
10.5 The average response time and troubleshooting is 48 hours from the moment of receipt of the request, however, the parties agree that the exact definition of the deadline for error elimination cannot be established, since the Program closely interacts with other third-party programs, operating systems and hardware resources of the Customer's computer and performance and the time of problem elimination do not fully depend only on the Contractor.
10.6. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under these Terms and Conditions in accordance with the current legislation of Ukraine.
10.7. The Customer undertakes not to violate or attempt to violate the provisions of these Terms. If the Contractor, in its sole discretion, determines that the Customer has violated or attempted to violate these Terms, the Customer's access to the Service may be terminated. The Contractor may limit the Customer's access to the Service, block or delete the Account in connection with the violation of this Agreement.
11.1. By accepting the terms of this Agreement, the Customer, in accordance with the Law of Ukraine "On the Protection of Personal Data", acting freely, of his own will and in his own interests, expresses his consent to: providing his personal data, including Surname, First Name, Patronymic, email address mail, contact phone number, date of birth, region, city, organization, position for their processing by the Contractor.
11.2. The contractor undertakes to take all necessary measures to protect the above-mentioned personal data from illegal interference or disclosure.
11.3. The agreement is valid for the entire term of the Agreement and the Customer's use of the Program. The customer understands and agrees that in the event of withdrawal of this consent, he is deprived of the opportunity to use part or all of the services of the Program.
12.1. The purpose of this section of the Agreement is to protect the information that the Parties provide (disclose) to each other in the course of cooperation under this Agreement.
12.2. The Parties agree to consider the entire amount of information provided to each other within the framework of this Agreement or, in connection with the purpose indicated therein, by the Parties' partners / clients, as well as information about this Agreement and the proposals made, as Confidential Information (and within that are allowed by the current Ukrainian legislation, - commercial secrets), unless otherwise directly follows from the provisions of the Agreement and its annexes.
12.3. Each party that receives confidential information (the “Receiving Party”) of another party (the “Disclosing Party”) shall not disclose the confidential information to anyone without the express permission of the Disclosing Party and shall take all reasonable steps to protect Confidential Information, including, in particular, all measures it takes to protect its own confidential information / trade secret.
12.4. The Contractor undertakes to use all confidential information received from the Customer within the framework of this contract only in the interests of the Customer and only with his written consent.
12.5. The Party undertakes to limit the list of persons who have access to the Confidential Information exclusively to its employees or employees of its counterparties who directly participate in the execution of the Agreement, with whom the Receiving Party has a similar confidentiality agreement.
12.6. The obligations set forth in this section of the Agreement do not apply to such information:
12.7. It is not disclosure to provide confidential information to third parties in the presence of the written consent of the Party that provided confidential information to its disclosure
12.8. For each violation of the obligations on non-disclosure of Confidential Information provided for in this Agreement, the Receiving Party undertakes to compensate for all losses incurred as a result of such a violation.
12.9. The obligations established by this Agreement regarding the protection of Confidential Information are valid for 15 (fifteen) years from the moment of transfer of Confidential Information.
12.10. The Contractor has the right to deconfidentialize the information received from the Contractor, including by depersonalizing the Client's data and other protected information, in order to create information and analytical reports and databases that do not contain confidential information
13.1 The Customer is prohibited from using the Program to send mass electronic messages of a commercial, advertising or other nature, information not agreed with the recipient by e-mail or in a teleconference group ("spam"). Sending information without the knowledge of the recipient, with the possibility of unsubscribing, is not considered «spam».
13.2. The use of the Program must be carried out by the Customer only for legal purposes and in legal ways, taking into account the legislation of Ukraine, as well as the laws of the European Union and the USA.
13.3. The Customer is directly responsible for the content of the Account (copy of the Program), data created and maintained by the Customer.
13.4. The Contractor does not provide the Customer with communication services, does not organize for him the possibility of access to the information systems of information and telecommunication networks, including the Internet, and does not carry out activities related to the reception, processing, storage, transmission, delivery of electronic communications.
13.5. All disputes and disputes that may arise in the process of providing services by the Contractor, in connection with the acceptance, implementation and / or violation of the provisions of this Agreement and all its annexes, shall be settled through negotiations between the Parties.
13.6. In the event of failure to reach an agreement through negotiations, the Customer reserves the right to present claims, which must be considered by the Contractor within a reasonable time, in order to settle disputes and disputes in a pre-trial manner.
13.7. In the event of failure to reach an agreement between the Parties, through negotiations and the possibility of pre-trial settlement, all disputes and disputes shall be resolved in a court of law at the location of the Contractor.
13.8. The current norms and provisions of the legislation of Ukraine are applied to the relations of the parties arising from the acceptance and execution of this Agreement and all its Annexes, to the extent that this does not contradict the mandatory norms of the law of Ukraine.
13.9. The parties understand and acknowledge that the inconsistency of the result of the provision of this or that service with the result that the Customer expected and desired to receive when applying for the provision of the corresponding service is not in itself a fact of the provision of such a service of inadequate quality.
Performer
EXPANE, LLC
Code 45059012
IBAN UA123348510000000026005206955
JOINT STOCK COMPANY FIRST UKRAINIAN INTERNATIONAL BANK (JSC FUIB)
Bank Code 334851