Terms and Conditions ✨ SEO-checker

Terms and Conditions

1. Terms and definitions
1.1. “Licensor”is an individual entrepreneur “Yermishov Oleksandr Volodymyrovych,” whose e-mail address for incoming/outgoing messages and correspondence provided and/or received by the Licensor regarding primary documents and other issues: [email protected].
1.2. “Licensee”is any person from whom these Terms and Conditions are addressed who has accepted them and concluded the Agreement.
1.3. “Parties” are Licensor and Licensee together
1.4. “Parties” is both the Licensor and the Licensee separately.
1.5. “Party” is the object of intellectual property rights, namely the computer program (software product) “SEO-Checker,” which is available for use by users as a remote self-service service via the Internet at the address of the Licensor’s site: https://seo-checker.com.ua
1.6. “User”means the Licensee and/or any of its employees and/or representatives to whom the Licensee has granted access to the Service and a certain set of its functionalities.
1.7. “Employees and/or representatives”description
1.8. “Account” is a tool for authorized use of the rights of access to the Profile and the Service via the Internet, which contains information about the user of the Service who gains access, about the means of gaining access through the procedure of identification, authentication, and authorization of the user, and also contains an account identifier, an indication of statistical and other information about the use of the Service and user actions. The Licensor creates the account on the Licensor’s site by registering the Licensee in the manner prescribed by the Agreement.
1.9. “Account ID”is the information assigned by the Licensor to the Licensee’s account and intended to identify it among other accounts on the Licensor’s site.
1.10. “Profile”is a virtual section of the Licensor’s site, through the interactive interface of which the configuration, management, and control of the use of the Service are carried out, with the following features: selection of the Subscription, obtaining statistics on the use of the Service, etc. Access to the Profile is provided to the user through the Licensee’s account.
1.11. “Site”is any information resource on the Internet, consisting of one or a certain number of pages on the Internet, each of which has its content and address on the Internet and is free or, under certain conditions, available under a certain domain name to persons who have access to the Internet. The designation in the Agreement of the Site belonging to the Party as the “Licensor’s Site “or the “Licensee’s Site “shall be understood as confirmation by the relevant Party of its right to use the Site, including to use the Service under the Agreement, and the obligation of such Party to bear any risks and liability in connection with the illegality of the use of the Site by such Party, including for the above purpose.
1.12. “License” is a permit to use the Service to the extent of certain of its functional capabilities obtained by the Licensee in accordance with the Agreement.
1.13. “Subscription” means the terms of the Agreement that determine the amount of payment of the Licensor’s license fee, as well as the period and number of functionalities of the Service. The Subscription is determined in the manner prescribed by the Agreement. For the purposes of this Agreement, 1 (one) month of the License term means 30 (thirty) calendar days.
1.14. “Technical support”is acceptance and consideration by the Licensor’s technical support service of user requests regarding any issues with using the Licensor’s Site and/or the Service and providing answers and explanations to them, including instructions for setting up and using the Service by users. Users’ requests are accepted by the Licensor’s technical support service exclusively through e-mail correspondence of the Parties to the e-mail address [email protected] and/or through the interactive interface and functionality of the Site and Telegram bot from 09:00 to 18:00 Kyiv time daily, except for weekends (Saturday and Sunday) and holidays or non-working days according to the legislation of Ukraine. The Licensor’s technical support service provides answers and explanations either within the terms and procedures similar to those specified above for accepting user requests or within other terms and procedures agreed with the user whose request they are provided.
1.15. “Digital Correspondence of the Parties”means sending by any of the Parties to the other Party in the cases provided for by the Agreement of digital messages and/or documents (files) in digital form, which occurs through the specified in the Agreement and/or in the Account (in particular, the settings of the Profile made by the Licensee and/or the data specified by the Licensee during registration and/or in the Profile), e-mail addresses of the Parties or their employees (in particular, concerning the Licensor - e-mail addresses in the domain seo-checker. com.ua domain), and/or through the interface and functionality of the Site. Any of the above terms may be used in the Agreement with a capital or small letter, in the appropriate case and number, depending on the context. Other terms used in the Agreement have the meaning and content in accordance with the current legislation of Ukraine and business customs in the relevant field.

2. Subject of the Agreement
2.1. The Licensor provides the Licensee with the License for a fee for the right to use the Service according to the Subscription, as well as provides the opportunity to use the Licensor’s Site located on the Internet at https://seo-checker.com.ua (hereinafter referred to as the “Licensor’s Site”), in the manner and on the terms specified in the Agreement.
2.2. Under the Agreement and/or the License issued in accordance with the Agreement, the Licensor grants the Licensee non-exclusive rights and permission to use the Service in the manner and ways provided for by the Agreement, within the appropriate scope and number of functional capabilities of the Service, on the territory of Ukraine, during the term of the License, without the right to grant a sublicense and/or transfer to third parties access to sections of the Service that are not generally available.
2.3. The Licensee’s rights arising under the License concerning the use of the Service also extend to any changes, updates, and additions during the term of the License in accordance with the functionality of the Licensor’s Site and/or Service, which at the time of such change, update, addition were already provided for by the Agreement and/or License and available to the Licensee. New, previously not provided functionality of the Licensor’s Site and/or Service shall become available to the Licensee only at the Licensor’s discretion and/or subject to the Licensee’s receipt of a new License.

3. Procedure for obtaining the License and its validity period
3.1. The procedure for obtaining the License is as follows:
3.1.1. The Licensee registers on the Licensor’s Site:
3.1.1.1. Provides the Licensor with a reliable and up-to-date e-mail address, which is indicated in the registration card (form);
3.1.1.2. Independently selects and assigns a password to the Licensee’s account, provided that such password meets the requirements for it (length, valid characters, etc.) established by the Licensor;
3.1.1.3. Confirm the information specified in the relevant registration card (form) by going to the Profile via the link sent by the Licensor to the Licensee’s e-mail address specified in such card (form);
3.1.2. Upon completion of registration, the Licensor assigns an account ID and creates a Licensee’s account, providing the Licensee with full access to the Profile;
3.1.2.1 If the Licensee’s account was created by the Licensor earlier, the Licensee enters the Profile, and the procedure for obtaining the License does not include clauses 3.1.1., 3.1.2. of the Agreement;
3.1.3. The Licensee selects the Subscription in the Account or on the page of the Licensor’s Site at https://seo-checker.com.ua/pay (hereinafter referred to as the Subscription Page) and pays the license fee through digital means of payment available on the Licensor’s Site;
3.1.4. The Licensee shall pay the Licensor the license fee for obtaining the License in accordance with the selected Subscription within the Agreement’s terms and procedure.
3.2. From the moment the Licensee pays the license fee for obtaining the License within the terms and procedure provided by the Agreement, the corresponding License is considered to be issued by the Licensor to the Licensee.
3.3. The term of the License shall last from the moment the Licensee pays the license fee and during the number of calendar days for which such first payment was made.
3.4. Non-use and/or incomplete use by the Licensee of the functionality of the Licensor’s Service, including incomplete use of the number of “Top parsing” requests, shall not lead to suspension and/or extension of the License term and shall not be grounds for a refund of the license fee paid for obtaining or extending the validity of such License, and/or for increasing the number of such requests during the next month of the License term.
3.5. The Licensee can change the selected Subscription during the term of the License in the Profile subject to an additional payment of the license fee by the Licensee, the amount determined in the Profile or on the Subscription page, which the Licensor sets. In this case, the previously issued License terminates due to its replacement by a new License under the terms of the new Subscription.

4. License terms, methods and procedures for using the Licensor’s site and Service
4.1. Under the License issued by the Licensor to the Licensee in accordance with the Agreement, the Licensee is granted permissions and rights to use the Service, which are limited to the following way of using the Service: via the Internet at the address of the Licensor’s Site through the Licensee’s account, as a remote self-service service, within the intended purpose and available functionality of the Service and in accordance with the terms of the Agreement, the License at the Subscription selected by the Licensee, as well as instructions, rules and guidelines for setting up and using the Service contained on the Licensor’s Site and/or in the explanations of the Licensor’s technical support service, which are provided to the Licensee at his request in accordance with the technical support procedure established by the Agreement, with the ability to connect (configure) and/or play (copy) the Service on an unlimited number of user computers only in that part of the Service, the play (copy) of which is necessary to use the functionality of the Service available to the user.Under the License issued by the Licensor to the Licensee in accordance with the Agreement, the Licensee is granted permissions and rights to use the Service, which are limited to the following way of using the Service: via the Internet at the address of the Licensor’s Site through the Licensee’s account, as a remote self-service service, within the intended purpose and available functionality of the Service and in accordance with the terms of the Agreement, the License at the Subscription selected by the Licensee, as well as instructions, rules and guidelines for setting up and using the Service contained on the Licensor’s Site and/or in the explanations of the Licensor’s technical support service, which are provided to the Licensee at his request in accordance with the technical support procedure established by the Agreement, with the ability to connect (configure) and/or play (copy) the Service on an unlimited number of user computers only in that part of the Service, the play (copy) of which is necessary to use the functionality of the Service available to the user.
4.2. By signing the Agreement, the Licensee assures that he/she understands and confirms the Agreement that:
4.2.1. The conclusion of the Agreement and/or the issuance of the License does not result in the transfer to the Licensee and/or the user of any exclusive intellectual property rights to the Service and/or the Licensor’s Site as a whole or any part thereof (including the Licensee’s account and/or Profile), and also does not mean the acquisition by the Licensee and/or the user of the Service and/or the Licensor’s Site into ownership or the receipt by the Licensee and/or the user of any real rights (including the use, possession and/or disposal) to the Service and/or the Licensor’s Site and/or things, intangible goods (including information, databases), in which the Service and/or the Licensor’s Site is expressed or contained in whole or in any part (section) thereof. The Parties confirm that the transferred right excludes the right or the possibility of the Licensee to sell or otherwise alienate the Service and/or the Licensor’s Site to any third party and also excludes the case of the Licensee to transfer the Service otherwise and/or the Licensor’s Site to the disposal or ownership of a third party;
4.2.2. The use of the content by the Licensee and/or the user, as well as any design elements, text, graphic images, illustrations, video, computer programs, databases, music, sound, and other intellectual property rights available to the Licensee and/or the user through the Licensor’s Site and/or the Service, is possible only within the framework of the functionality of the Licensor’s Site and/or the Service. Their use in any other way (including reproduction, copying, processing, distribution on any grounds, display in a frame, etc.) is allowed only with the prior permission of the person who has the exclusive right to allow the use of such intellectual property rights, and in case of their use by the Licensee and/or User for personal non-commercial purposes - subject to the preservation of all copyright and/or related rights protection marks, trademarks, other copyright notices, collections, and other information about the Licensor’s activities;
4.2.3. Except for the use to the extent and in the manner expressly provided for by the terms of the Agreement and/or the License or the requirements of the legislation of Ukraine, the Licensee and/or the User shall not have the right to change (modify), decompile, disassemble, decrypt and perform other actions with the object code of the Licensor’s Site and/or the Service, the purpose of which is to obtain information about the implementation of algorithms, used on the Licensor’s Site and/or in the Service, create derivative software products (computer programs) using the Licensor’s Site and/or the Service, as well as carry out (allow to carry out) other use of parts (sections) of the Licensor’s Site (including the Profile) and/or the Service that are not generally available without the written consent of the Licensor;
4.2.4. The Licensee and/or the User shall not reproduce and distribute the Service (including for personal or educational purposes) as part of collections of software products (computer programs) without the written consent of the Licensor;
4.2.5. The Service shall be used under the name “SEO-CHECKER.” The Licensee and/or the User shall not have the right to change the name of the Licensor’s Site and/or the Service, remove the copyright mark or other information about the person who has the exclusive right to allow the use of such intellectual property;
4.2.6. The use of the functionality of the Licensor’s Site and/or the Service is possible only if the Licensee and/or the User has access to the Internet. The Licensee and/or the User independently receives and pays for such access on the terms and conditions and at the rates of their operator and/or provider of telecommunication services of access to the Internet;
4.2.7. The Licensee and/or the User shall be solely responsible to third parties for their actions related to the use of the Licensor’s Site and/or the Service, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the legislation of Ukraine when using the Service and/or the Licensor’s Site;
4.2.8. The rights to use the Licensor’s Site and/or the Service under the Agreement and/or the License are transferred on an “as is” basis. The Licensor does not provide any guarantees regarding the compliance of the Licensor’s Site and/or the Service with the specific goals and expectations of the Licensee and/or the User, as well as does not provide any other guarantees not expressly specified in the Agreement;
4.2.9. The Licensor shall not be liable for any direct or indirect consequences of any use or inability to use the Licensor’s Site and/or the Service, and/or damages caused to the Licensee and/or the User and/or third parties as a result of any use, non-use or inability to use the Licensor’s Site and/or the Service, their individual components and/or functionality, including for possible errors or failures in the operation of the Licensor’s Site and/or the Service, except as expressly provided by the legislation of Ukraine;
4.2.10. Use of the account by more than one user is prohibited;
4.3. By using the Licensor’s Site and/or the Service, the Licensee confirms its full and unconditional Agreement with all the terms of the Agreement and/or the obtained License and also confirms the existence of such consent from any of the other users to whom the Licensee has granted access to the use of parts (sections) of the Licensor’s Site (including the Profile) and/or the Service in accordance with the Agreement. If the Licensee or the user does not accept any of the terms of the Agreement and/or the received License in full, the Licensee and/or such user shall not have the right to use the parts (sections) of the Licensor’s Site (including the Profile) and/or the Service that is not generally available for any purpose. The use of the Licensor’s Site and/or the Service in violation (non-fulfillment) of any term of the Agreement, as well as the Service without a License (including after the expiration and/or termination (cancellation) of the License), is prohibited.
4.3.1. In case the Licensor detects violations of the Agreement by the Licensee and/or Users, in particular regarding the method and procedure for using the Licensor’s Site and/or Service, the Licensor has the right to partially or completely suspend the Licensee’s and/or any of the Users’ access to the Licensor’s Site and/or Service until such violation is terminated and its consequences are corrected or the normal state preceding such violation is restored, and if this is not possible, to terminate (cancel) the License, as well as terminate the Agreement.
4.3.2. The suspension, as mentioned above, of access and/or termination (cancellation) of the License occurs automatically to ensure the fulfillment of the Licensee’s obligations under the Agreement and operational and economic sanctions against the Licensee, using the Licensor’s software and hardware, which is used to provide access to the Licensor’s Site and/or Service. The Licensor is aware of and accepts all risks arising from this
4.4. During the term of the Agreement, the Licensor shall provide technical support for the Licensee’s use of the Service, provided that the request to the Licensor’s technical support service does not contain obscene language and insults and is received from the user in the manner and within the time limits provided for by the Agreement, as well as indicating the user’s account ID or other data confirming the user’s right to access the Service and a certain set of its functionality at the request of the Licensor.

5. Agreement price, license fees and invoices under the agreement
5.1. The amount of the license fee under the License for the right to use the Service issued under the Agreement is determined by the Subscription and includes the license fee for the right to use the Licensor’s Site and Service obtained under the Agreement.
5.2. Payment of the license fee is made through digital payment systems available on the Licensor’s Site.
5.3. Payment of the license fee may be made by automatic transfers of funds to the Licensor from the Licensee’s bank cards (hereinafter - “automatic renewal”). The Licensee guarantees that he is the Owner of the bank card, consciously, correctly, and completely entering all the necessary bank card details when paying. In case the Licensee uses the “automatic renewal” functionality, the License term is extended on the terms of the Subscription chosen by the Licensee at the first license fee payment.
5.3.1. Money transfers will be made from the bank card in the terms and amounts necessary for properly performing the Licensee’s obligations under the Agreement. In case of insufficient funds on the Licensee’s bank card account to make the transfer, the Licensor has the right to repeat the request for debiting the bank card.
5.3.2. The “automatic renewal” functionality of the Service is activated automatically upon the first license fee payment through the Licensor’s site’s interactive interface. Suppose the Licensee does not wish to automatically renew the License upon the first payment of the license fee. In that case, he/she must deactivate this functionality through the interactive interface of the Licensor’s Site by turning off the switch opposite the “renew automatically” item.
5.3.3. Disabling (refusal) of the Licensee from the “automatic renewal” functionality after the first payment of the license fee occurs in the following order: in the “Settings” section, the Licensee selects the “Recurring payments” subsection, and opposite the “renew automatically” item, turns off the switch and clicks “Save.” In this case, the funds transferred from the bank card before the Licensee disconnected (refused) from recurring payments are not returned to the Licensee.
5.3.4. The Licensor is not responsible for the inoperability and/or temporary inoperability of the “automatic renewal” functionality. The Licensee independently controls the fulfillment of its obligation to pay the license fee under the Agreement. In case of inoperability and/or temporary inoperability of the “automatic renewal” functionality, the Licensee is obliged to use other means of payment under the Agreement.

6. Responsibility of the parties and dispute resolution procedure
6.1. The Parties shall be liable for non-performance or improper performance of their obligations under the Agreement in accordance with the Agreement.
6.2. The Licensee is aware and agrees that to use the Service and/or the Licensor’s Site, it is necessary to use software (web browsers, operating systems, etc.) and equipment (personal computers, network equipment, etc.) produced and provided by third parties. The Licensor is not responsible for their work’s quality and suitability for using the Service and/or the Licensor’s Site.6.3. The Licensor
6.3. The Licensor shall not be liable for any actions of the Licensee and/or Users related to the use of the Service and/or the Licensor’s Site, including for any resulting violations of the rights and interests of third parties and/or the requirements of the law applicable to such third parties or the use of the Licensor’s Site and/or the Service by users.
6.4. The Licensor shall indemnify the Licensee exclusively for real documented losses caused by the violation of the Agreement through the fault of the Licensor, in the amount and in the amount that may not exceed the amount of the license fee paid by the Licensee for the last 30 (thirty) calendar days of the License term, in respect of which such violation of the Agreement through the fault of the Licensor occurred during such the number of calendar days.
6.5. The Parties have agreed that any obligations to reimburse the Licensor for any damage, penalty, compensation, or other penal (financial) sanctions, indexation, and interest - in full, together or separately - to be paid to the Licensee in connection with or as a result of a breach of the Agreement through the fault of the Licensor, may be terminated by transferring to the Licensee the indemnity in the form of payment by the Licensor to the Licensee of the amount of the license fee paid by the Licensee for the last 30 (thirty) calendar days of the License term, in respect of which such breach of the Agreement occurred due to the fault of the Licensor, in connection with which the Licensor has the specified obligations that are terminated.
6.5.1. The transfer of the above indemnity does not require any additional consent of the Parties and is carried out by the Licensor within 3 (three) business days from the date of notification by digital correspondence of the Parties by the Licensor to the Licensee about the transfer of the indemnity under the Agreement, but in any case not later than 45 (forty-five) business days from the date of receipt by the Licensor of the relevant request of the Licensee to reimburse the Licensor for any damage, penalty, compensation or other penal (financial) sanctions, indexation, and interest, by paying the specified
6.5.2. The transfer of the above assignment also terminates the License in respect of which the Agreement was violated through the fault of the Licensor, in connection with which the Licensor has the above obligations to compensate the Licensor for any damage, forfeit, compensation, or other penal (financial) sanctions, indexation, and interest.
6.5.3. Fulfilling obligations under the Agreement at the expense of the Licensor is not allowed.
6.6. In case the Licensee uses the Service and/or the Licensor’s Site in violation of the Agreement, the Licensee undertakes, at the request of the Licensor, to reimburse all documented losses caused by the Licensee by the fault of the Licensor in full and in the amount determined in accordance with the current legislation of Ukraine.
6.7. The Licensor guarantees that it owns the intellectual property rights to the Service to the extent necessary for the conclusion and proper execution of this Agreement and that such actions do not violate the rights of third parties. In case of any claims or demands from third parties to the Licensee about the infringement of the copyrights of such third parties to the Service as a result of its use by the Licensee, the Licensor undertakes to assist the Licensee in the consideration and resolution of disputes in this regard in favor of the Licensee, and in case if, as a result of such disputes, the Licensee will not be able to use the Service and/or will be forced to pay compensation to third parties as the owners of the rights to the Service, the Licensor undertakes to compensate the Licensee for the actual damage, the fact of infliction and the amount of which must be documented by the Licensee at the time of such a request.
6.8. The Parties have agreed that any claims and/or other requirements of the Licensee regarding non-performance, improper performance by the Licensor of its obligations under the Agreement, and/or liability under the Agreement shall be provided by the Licensee and accepted by the Licensor for consideration if they are provided to the Licensee in writing to the address for correspondence specified in the Agreement. In this case, the term of respect and response of the Licensor on the results of consideration of the said claims or other requirements of the Licensee shall be 5 (five) working days from the date of their receipt by the Licensee in the above order.
6.9. All disputes and disagreements arising between the Parties in the order of pre-trial settlement shall be resolved through negotiations and/or proposals for the settlement of such disagreements or disputes. At the same time, the Parties agreed that the term for consideration and response by each of the Parties on the results of the review of the proposal of the other Party should be 7 (seven) business days from the date of receipt of such submission. The Parties also agreed that in disputable situations, the data of statistical and other information on the use of the Service and the user’s actions, available to the Parties digitally through the Licensee’s account and Profile, shall be sufficient evidence of the facts of proper or improper performance by the Parties of their obligations under the Agreement (in particular, the provision of the License).
6.10. In case of failure to reach an agreement and impossibility of settlement of disputes and disagreements by the Parties in the specified pre-trial procedure, the dispute shall be resolved by the court in accordance with the current legislation of Ukraine.

7. Force majeure circumstances
7.1. Either Party shall be released from liability for partial or complete non-performance or improper performance of obligations under the Agreement if it proves that such non-performance or improper performance is due to force majeure circumstances.
7.2. The Parties understand force majeure to mean extraordinary circumstances, the occurrence, existence, termination of which do not depend on the will of the Party, and the negative impact of which on the fulfillment of obligations under the Agreement and/or obligations under legislative and other regulations could not be reasonably limited and/or prevented, namely the threat of war, armed conflict or a serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, military actions, declared and undeclared war, actions of public enemy, disturbances, acts of terrorism, sabotage, riots, invasion, blockade, revolution, rebellion, insurrection, riots, curfew, expropriation, compulsory acquisition, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, power outage, damage to telecommunication networks, action or influence of malicious software for electronic computers, illegal actions of third parties, fire, explosion, long interruptions in transport operation regulated by the terms of relevant decisions and acts of state authorities, embargo, prohibition (restriction) of export/import, settlements (payments), etc. as well as caused by exceptional weather conditions and natural disasters, namely epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, snow accumulation, ice, hail, frost, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.
7.3. The Party that has been affected by force majeure and, as a result, was deprived of the opportunity to properly fulfill its obligations under the Agreement shall immediately, but in any case not later than 7 (seven) subsequent business days, notify the other Party. Failure to inform or untimely informing about the force majeure, as well as the absence or untimeliness of their proper documentary confirmation, deprives the respective Party of the right to refer to their effect.
7.4 The occurrence of force majeure at the time of a violation of the Party’s obligations under the Agreement deprives the Party of the right to refer to these circumstances as grounds for exemption from liability under the Agreement for such violations.
7.5. The force majeure must be confirmed by documents issued by competent legal entities of private or public law of Ukraine, international organizations or authorized representatives of third parties that caused the force majeure, or by a document provided by the Chamber of Commerce and Industry in Ukraine or its regional branch at the location of the Party that refers to their action. Such documentary confirmation shall be provided to the other Party not later than 7 (seven) working days from the date of commencement of force majeure unless another term for execution of the relevant document is determined by the person issuing such a document.
7.6. The terms of performance of the Parties’ obligations under the Agreement shall be extended for the duration of force majeure. If force majeure circumstances last for more than 30 (thirty) calendar days, each of the Parties has the right to withdraw from the Agreement in the manner prescribed by it without reimbursement of losses and expenses to the other Party.

8. Special conditions
8.1. Unless otherwise provided by the additional Agreement of the Parties reached through the digital correspondence of the Parties, the Licensee, by the conclusion of the Agreement, provides the Licensor with its unequivocal consent (permission) to
8.1.1 Placement on the Licensor’s Site in the section “Clients” of information about the Licensee (in particular, the company name, commercial designation, logo, trademark and service mark (trademark), the rights to which belong to the Licensee, brief information about the professional activities of the Licensee in the form in which he provides such information about himself on the Licensee’s Site or in the Unified State Register of Legal Entities and Individual Entrepreneurs);
8.1.2 The use and publication (distribution, reproduction) of impersonal information about the results of the Licensee’s use of the Service and/or the Licensor’s Site under the Agreement in any cases (reports, publications, professional and other publications, mass media, and the Internet) without indicating any references or links that can uniquely identify the Licensee and its site.
8.2. By concluding the Agreement, the Licensee provides the Licensor with its unequivocal consent (permission) for the Licensor to process the personal data of the Licensee, its employees, and/or representatives, hereinafter jointly or separately referred to as the “Personal Data Owner,” including, but not limited to, any information about the surname, full name, patronymic, passport data, taxpayer identification number, date and place of birth, citizenship, residence address, registration address, landline, and mobile telephone numbers, e-mail addresses, etc.
8.2.1 The use and dissemination of information that constitutes the personal data of the Personal Data Owner are carried out exclusively within limits necessary to ensure the Licensor’s activities and/or protection of its interests and/or necessary to ensure the execution of the Agreement. By signing the Agreement, the Licensee confirms that all the information provided by him to the Licensor, including the personal data of the Personal Data Owner, is provided by the Licensee on legal grounds and he has the right to use and dispose of it and independently bears any risks and liability for the receipt and processing by the Licensor of the personal data Owner provided for the above purposes during the term of the Agreement.
8.2.2 The Personal Data Owner gives his/her consent to the processing of personal data for the period necessary in accordance with the purpose of personal processing data provided for by the above consent/permission, but in any case until the termination of the Licensor and/or its successors.
8.2.3 In addition, the Personal Data Owner agrees that his/her personal data may be transferred and/or distributed and/or disclosed (including for their further processing and use) in connection with the implementation of legal relations in the field of use of the Licensor’s Site and/or Service between him/her and the Licensor to third parties (in particular, employees and/or representatives of the Licensor, law firms, new creditors in case of assignment of the right of claim under the Agreement, etc.)
8.2.4 Personal data is transferred, including by cross-border transfer of personal data, to database managers and third parties, which the Licensor determines independently. The personal data owner agrees that the Licensor is not obliged to notify him of such transfer.
8.2.5 The Personal Data Owner agrees that his/her personal data may be provided to third parties upon their request, provided that these persons provide an obligation to ensure compliance with the requirements of the Law of Ukraine “On Personal Data Protection” in the manner prescribed by Article 16 of the Law of Ukraine “On Personal Data Protection.”
8.2.6. By concluding the Agreement, the Licensee confirms the fact of receipt by the Personal Data Owner of a written notice of his rights related to the protection of personal data during their processing, as defined by Art. 8 of the Law of Ukraine “On Personal Data Protection,” the purpose of collecting personal data and the persons to whom his personal data is transferred.
8.2.7. By concluding the Agreement, the Licensee certifies that he understands and agrees with the regime of use of the information provided above, as well as that he has been duly notified of the possibility of including the personal data of the Owner of personal data, which have become or will become known to the Licensor in the course of the Agreement, in any personal database of the Licensor. At the same time, the Parties agreed that the Licensee would not have any claims to the Licensor if the latter performs any of the above actions concerning personal data and the procedure for their processing.
8.3. By entering into the Agreement, the Licensee certifies that he understands and confirms his Agreement that he is solely responsible in full and to the full extent for the law and/or any claims of third parties regarding the processing of any personal data of third parties that may occur as a result of or in the course of the use of the Licensor’s Site and/or the Service by the Licensee and/or users of the Licensor’s Site and/or the Service. Therefore the Licensee undertakes to independently ensure the processing and protection of such personal data and the legal rights and interests of third parties in accordance with the current legislation.
8.4. By concluding the Agreement, the Parties certify that reaching an agreement between the Parties on any issues regarding the issuance of the License and/or the fulfillment by either Party of its obligations under the Agreement is possible by submitting proposals and responding to each of them digitally through digital correspondence between the Parties.
8.4.1. At the same time, the Parties agreed that within the framework of legal relations under the Agreement, the Parties’ digital correspondence, in particular notifications (responses) and correspondence (documents or files) sent by either Party through the e-mail addresses (e-mail) of the respective Party specified in the Agreement and/or in the Account, shall be deemed to be made in writing and shall be recognized along with other documents in hard copy as a proper legal basis for the emergence, change and termination of legal relations between the Parties and evidence in disputes between the Parties.
8.4.1.1. The above notifications (responses) and correspondence (documents or files) created and/or sent digitally through the digital correspondence of the Parties shall be deemed to be signed by the digital signature of the respective sending Party, the key to which is the means of authentication and authorized access rights (login, password, etc.) to the e-mail of the respective Party, applied in accordance with the rules established by the operator (administrator) of the respective information system of the e-mail service, using the following
8.4.1.2. Each of the Parties undertakes to ensure the confidentiality of information on the means of identification, authentication, and authorized access rights (login, password, etc.) to its e-mail of the respective Party, as specified in the Agreement and/or in the Account. Each of the Parties shall bear any risks and consequences arising from the disclosure, dissemination, or misuse of the above confidential information caused by the fault (including negligence) of such Party, its employees, and/or representatives who had access to such information, unless immediately (but in any case no later than the next business day) notified in writing to the other Party.
8.4.1.3 All actions and transactions committed using digital correspondence of the Parties with the creation and/or provision (sending) of digital messages (responses), correspondence (documents or files) using the e-mail of the respective Party until the other Party receives the notice specified in clause 8.4.1.2. Notifications of the respective Party shall be deemed to have been made on behalf, in the interests, and at the will of such respective Party with its consent.
8.5. The Parties have agreed that any notifications (responses) and correspondence (documents or files) and information in writing provided by any of the Parties to the other Party in accordance with the Agreement, in particular requests, letters, etc. shall be deemed to be duly provided, provided that the recipient Party has received their legible copies or copies within the period provided for by the Agreement through the digital correspondence of the Parties. At the same time, at the request of the Recipient Party and at its expense, the originals or duplicates of such notifications (responses) and correspondence (documents or files) in writing, which were provided to the Recipient Party through the digital correspondence of the Parties, shall be provided on paper, shall be delivered by hand or sent to the receiving Party by the sending Party either by hand or by mail with acknowledgment of receipt and description of the enclosure, or using a courier delivery service, not later than ten business days from the date of receipt of the said written request from such receiving Party.
8.5.1. The above notices (responses) and correspondence (documents or files) shall be deemed delivered:
8.5.1.1. In case of sending via digital correspondence of the Parties - on the date of sending, provided that the Sending Party has received a response or automatic notification of delivery of such a digital message, or if such a sent digital message or attached to it messages (responses) and correspondence (documents or files) in digital form are recorded and available for review in the interactive interface of the relevant postal agent or Service (services) of e-mail and digital messages as sent to the digital address
8.5.1.2. In case of delivery by hand, mail, or courier delivery service - on the date specified in the confirmation of delivery, and each of the Parties undertakes at the time of delivery to such Party of the said notices (responses) and correspondence (documents or files) to provide the relevant written confirmation or to put a mark on the documents accompanying such delivery on its receipt, indicating the date of receipt, as well as the position, surname, name, and patronymic of the person to whom such notices (responses) and correspondence were delivered.
8.5.2 Each Party undertakes as soon as possible within a reasonable time, but in any case not later than 5 (five) business days, to notify the other Party of changes in its details, including correspondence address and e-mail address, as specified in the Agreement and/or in the Account, or bear the risks and consequences of violation of such obligation.
8.6 The Parties have agreed that by concluding this Agreement, each confirms that it has all the rights and powers necessary to conclude and perform this Agreement. 8.7. Neither Party has the right to replace the Party in the Agreement, assign the rights of claim, transfer the debt under the Agreement, or any of the obligations under the Agreement to a third party without the prior written consent of the other Party. Any security with the participation of a third party (surety, guarantee, pledge, etc.) in respect of the obligations of either Party under the Agreement without the other Party’s prior written consent is invalid.

9. Subject of the Agreement
9.1. The Agreement is considered concluded from the moment of acceptance of these Terms and Conditions by the Licensee. The acceptance of these Terms and Conditions to conclude the Agreement means the payment by the Licensee of the license fee according to the invoice issued by the Licensor, within the period provided for by such invoice and in the proper amount and indicating the details (date and number) of such invoice in the payment documents of the Licensee.
9.2. The Terms and Conditions are publicly available to anyone who intends to conclude the Agreement as a Licensee. It is developed for an indefinite period and comes into force from the date of its publication by posting the Ukrainian version of these Terms and Conditions on the Licensor’s Site.
9.3. The Terms and Conditions may be canceled before its acceptance, or the Agreement may be amended unilaterally, while the previous version of the Terms and Conditions and the Agreement will be saved and available for review on the Licensor’s Site.
9.4. By concluding the Agreement, the Licensee agrees with the procedure for changing the terms of this Terms and Conditions and the Agreement. The Parties agreed that changes to these Terms and Conditions and the Agreement, which are carried out in accordance with the terms of this section, do not require the additional conclusion of agreements by the Parties on amendments and come into force as follows: regarding changes to these Terms and Conditions prior to its acceptance - from the date of publication of the new version of the Terms and Conditions and the Agreement by posting it on the Licensor’s Site; regarding changes to the Terms and Conditions and the Agreement after acceptance - 30 (thirty) days from the date of publication of the new version of the Terms and Conditions and the Agreement on the Licensor’s Site, provided that the Licensee has not notified the Licensor of his disagreement with the amendment of the Agreement to the e-mail address specified in the Agreement within the specified period. Receipt by the Licensor of the Licensee’s notice of disagreement with the amendment of these Terms and Conditions and the Agreement shall be considered the initiation by the Licensee of the procedure for termination of the Agreement and cancellation of the License. In case of cancellation of these Terms and Conditions, the Agreements concluded prior to its cancellation shall continue to be governed by the terms of the Terms and Conditions in the latest version that was in force before the cancellation until the full fulfillment of all obligations under the Agreement between the Licensor and the Licensee.
9.5. The Agreement is valid for the term of the License.
9.6. The Agreement is not a public agreement or a contract of adhesion. After the conclusion of the Agreement, all preliminary negotiations, preliminary agreements, and protocols of intentions, correspondence, etc., relating to legal relations under the Agreement and preceding the date of its conclusion in chronology lose their legal force but may be evidence of the intentions and will of the Parties to conclude the Agreement.
9.7. Termination of the Agreement shall result in immediate termination (cancellation) of the License issued under the Agreement from the moment of termination of the Agreement.
9.8. The Agreement may be terminated early by the Parties, including by its termination or unilateral withdrawal of either Party from the Agreement, in the following order and on the following grounds:
9.8.1. By the Licensor unilaterally by notice from the date specified in such notice, without the written consent of the Parties, if the Licensee violates the terms of the License, the method and procedure for using the Licensor’s Site and/or the Service specified in the Agreement, or has committed another violation of the Agreement, which creates obstacles to the proper performance of the Agreement by the Licensor;
9.8.2. Unilaterally notified by the Licensor from the date specified in such notice, without the written consent of the Parties, if the Licensor has lost (in particular as a result of expiration) the property rights to the Service - from the date of return of the license fee to the Licensee in proportion to the number of months of the License term remaining from the date of such termination of the Agreement to the date of expiration of the License;
9.8.3. By additional Agreement of the Parties by concluding an additional agreement on early termination of the Agreement - from the date specified in such additional Agreement of the Parties;
9.8.4. Either Party, unilaterally, with written notice to the other Party not later than 15 (fifteen) calendar days before the expiration of the License - from the date of expiration of such License;
9.8.5. Either Party unilaterally due to force majeure in accordance with clause 7.6. of the Agreement, subject to written notice to the other Party not later than 3 (three) business days before the date of such termination.
9.9. The invalidation of any part of the Agreement (condition, clause, provision, section, etc.) in accordance with a court decision that has entered into force does not lead to the invalidity of other parts of the Agreement, as well as the Agreement as a whole, and the legal relations of the Parties, regulated by such an invalidated part of the Agreement shall be settled as soon as possible within a reasonable period by an additional agreement of the Parties, subject to the requirements of the current legislation and business customs in the relevant and/or similar field of legal relations.