LICENSE PUBLIC AGREEMENT
for the right to use software products (revised from 18.05.2022)
This public license agreement (hereinafter - the "Agreement") determines the conditions of granting the Licensor to the Licensee (the person who accepts the terms of this Agreement in accordance with the rules defined therein) rights to use software products, including information-analytical system construction and other activities, search and processing of own information entered in the system "AIMAP" (https://app-en.aimapa.com), as well as other objects of intellectual property rights of the Licensor. The parties to this Agreement are the "Licensor" and the "Licensee", collectively referred to as the "Parties" and separately the "Party".
The rights to use the software are transferred on separate permits (licenses) issued by the Licensor to the Licensee on the terms of the Tariff selected by the Licensee.
By accepting this Agreement, the Licensee confirms full and unconditional agreement with all its terms (acceptance), certifying the fact of concluding the Agreement between the Parties. Licensee confirms its agreement to exercise in good faith the rights it obtains in connection with obtaining a license to use the Software and undertakes to comply with its obligations under this Agreement strictly and to comply with its prohibitions and restrictions.
The Licensee provides the Licensor with a response on the full and unconditional acceptance (acceptance) of the proposal to enter into this Agreement by performing any of the following actions:
- registration of the Licensee in the AIMAP System;
- any use of the AIMAP System by the Licensee;
- any use by the Licensee of the AIMAP System, any use by the Licensee of the AIMAP System;
The license to use the relevant Software is a written authorization that entitles the Licensee to use the relevant Software as a reference resource for information and analytical support of its business activities in accordance with the terms of this Agreement and the terms of such license.
The extended license terms for the use of the Software are an integral part (appendix) of the relevant license for the use of the Software. Extended license terms may include certain additions, additions, and/or extensions to the functionality of the Software, etc. compared to the terms of the license to use it. The extended license terms for the use of the Software are valid within the term of the relevant license for the use of the Software (and expire at the same time).
AIMAP User is any person, including the Licensee, who uses the AIMAP System.
Rights and duties. Restrictions on the use of software products
During the term of the right to use the Software Products, the Licensee has the following rights:
- to receive with the help of the Software products information (including - summary) and relevant data related to construction sites, as well as use them to ensure their activities;
- include information on the Software products as an integral part of any collections, databases, anthologies, encyclopedias, etc .;
- notify Licensor of deficiencies and require the proper operation of the Software at email@example.com.
- when compiling and/or editing information in the section of the AIMAP System, intended for the formation and/or editing of information of the AIMAP System, to comply with the requirements of legislation and generally accepted ethical norms;
- generate and/or edit in the section "AIMAP" information, which is provided with the appropriate forms of requests for the formation and/or editing.
- provide true, accurate, and complete information about yourself and other information necessary to comply with the terms of this Agreement;
- ensure the safety of information required for authorization in the Software (logins, access passwords, etc.);
- immediately notify the Licensor of any violations of its rights to the Software by third parties (if the Licensee is aware of such violations), and assist the Licensor in promptly terminating such violations and recording evidence of their existence.
Licensee is prohibited from:
- to decompile the databases available in the Software products in order to transfer information to other information retrieval systems or for other purposes;
- use in its own information products images of the interface of the Software without the permission of the Licensor;
- provide access to any third parties (except employees and/or authorized representatives of the Licensee) to the Software;
- to place analytical data of the AIMAP System as a part of any other information retrieval systems, computer programs, electronic and/or printed publications, as well as to carry out any paid distribution to third parties (including via the Internet) ;
- create and/or edit in the section of the AIMAP System, intended for the formation and/or information of the AIMAP System, false information, as well as information that contains obscene, rude, or offensive expressions;
- interfere with the operation of the Software and try to gain access to it using methods that do not meet the specified forms of requests to search, generate, receive and edit information (web interface, API settings, etc.), including other software ;
- issue permits (licenses, sublicenses) to any third parties for the right to use the Software Products;
Licensor has the right to:
- suspend the Licensee's access to the Software for technical reasons (interruptions in the work of official registers, etc.);
- comply with the terms of this Agreement (except for non-performance of obligations due to accident or force majeure);
- to carry out informatization service of Software products, to ensure its proper functioning;
- within a reasonable time (and if possible - in advance), which may not exceed three working days from the moment when the Licensor learned of the relevant circumstances, notify the Licensee of cases of lack of access to the Software, reasons for lack of such access and/or deadlines.
- either Party may disseminate in any way (including, but not limited to, in advertising) information about cooperation with the other Party under this Agreement, subject to any restrictions on confidentiality;
- take the necessary legal, organizational, and technical means or ensure their adoption to protect personal information from unauthorized or accidental access to them, destruction, alteration, blocking, copying, providing, disseminating personal data, and other illegal actions regarding personal information, including :
- use RSA encryption in the "AIMAP" System;
- provide a two-step verification, if necessary, to access the account;
- to protect authorized sessions;
- constantly improve the methods of data collection, storage, and processing.
For granting the rights provided by this Agreement, in particular for obtaining licenses for the use of the Software and extended license conditions for its use, the Licensee shall pay the Licensor a fee (license fee) under the terms of the selected Tariff.
The Licensee shall pay the license fee by non-cash transfer of funds to the Licensor's bank account (one-time payment of the entire amount for certain Software Products).
Obtaining a license (licenses) for the use of the Software, extended license terms for the use of the Software and their payment may be confirmed by the relevant acts of delivery and acceptance, including in the form of electronic documents using the software M.E.Doc.
The Licensor does not refund if the Licensee changes his mind to use the AIMAP System. Most online products and services of the AIMAP System are instantly delivered in digital form, so the Licensor will immediately receive all the benefits of the AIMAP Service.
Licensor reserves the right to refuse service and in this case, Licensor immediately returns the License Fee within one business day.
The Parties undertake to maintain the confidentiality of all technical, commercial and other information received under this Agreement from one Party to the other and to take reasonable steps to prevent the unauthorized use or disclosure of such information to third parties.
Licensor undertakes to maintain the confidentiality of Licensee's information received by it as a result of Licensee's use of the Software (including system registration data, information on the volume and content of search queries, and information entered by the user in relevant sections of the AIMAP System).
The parties are not responsible for the breach of confidentiality that occurred as a result of the incident, force majeure, or illegal actions of third parties, as well as as a result of the breach of confidentiality at the request of public authorities under applicable law.
The Parties shall be liable for the violation, non-performance, and/or improper performance of this Agreement, the terms of issued licenses, extended license terms, as well as the Rules of Use in accordance with the current legislation of Ukraine and the terms of this Agreement.
The Parties shall not be liable for breach, non-performance, and/or improper performance of this Agreement, which occurred as a result of the event or action of force majeure, illegal actions of third parties.
In case of violation of the prohibitions provided by this Agreement, the Licensee shall pay to the Licensor a penalty in the amount of twice the amount of the license fee paid during the term of the relevant license for the use of the relevant Software products. Payment of the penalty does not release the Licensee from the obligation to compensate the Licensor for the damage caused to the Licensor in connection with the violation of these prohibitions by the Licensee.
Licensor is not responsible for:
- accuracy, completeness, and correctness of the information received by the Licensee when using the Software products as a result of inaccurate, incomplete or incorrect requests;
- the actual completeness and reliability of any information (including summary) obtained from official sources of public information in the form of open data, as well as based on such information-analytical data contained in the Software;
- the content and consequences of the Licensee's formation and/or use of information in the section of the AIMAP System, intended for the formation of information by users of the AIMAP System, including for management, legal, financial, organizational, and any other decisions, actions (or inaction);
- the consequences of using analytical data contained in the Software products to make managerial, financial, organizational, and any other decisions, actions (or inaction);
- direct or indirect damages lost profits, or moral damage caused to the Licensee relating to the use or complication/inability to use the Software Products, which arose due to circumstances beyond the control of the Licensor;
Licensor's liability to Licensee under this Agreement, including for damages, is limited to the amount of license fee received by Licensee during the last year (last 365 days prior to the occurrence of the circumstances referred to by Licensee as the basis of its claims).
Liability not regulated by this Agreement shall be governed by the current legislation of Ukraine.
License term. Miscellaneous
The term of the license for the use of the Software Products, as well as the beginning of its course, and the term of payment of the license fee, are determined by the terms of the relevant Tariff.
The Licensee's ability to use the Software expires at the same time as the license to use it expires.
Acceptance of the terms of this Agreement without payment of a license fee gives the Licensee the right to access the Software within the period specified by the Licensor. The type of Software and its available functionality during this period are determined by the Licensor's policy.
The Parties have agreed that the Licensor may transfer its rights and obligations under this Agreement to another person without the need to obtain the consent and/or notice of the Licensee.
Throughout the term of the license for the right to use the Software, the Licensor reserves the right to use the Software in any way, as well as the right to allow or prohibit its use by others in any way within the powers of the subject of intellectual property rights. to Article 15 of the Law of Ukraine "On Copyright and Related Rights".
Issuance (and extension) of licenses, and extended license conditions for the use of software as software, in accordance with paragraph 26¹ of subsection 2 of section XX "Transitional Provisions" of the Tax Code of Ukraine, are transactions that are exempt from VAT.
All disputes arising between the Parties shall be resolved by negotiation. In case of disagreement, the dispute is resolved in accordance with the current legislation of Ukraine.
Revocation of license
Most AIMAP products and services are delivered instantly in digital form, so Licensor will not offer a refund if the Licensee changes their mind about using AIMAP.
Repeat transactions can be canceled at any time in the relevant section of the AIMAP System or by sending a request to firstname.lastname@example.org.
This section does not affect the Licensee's rights if the Licensee has a genuine and substantiated complaint about the operation of the AIMAP System.
Making changes to the contract
The terms of this Agreement may be changed by Licensor at any time by posting an updated version of the Agreement at: https://aimap.aimarketing.info/terms-of-servise.Licensor notifies Licensee of changes by sending it a notice through the AIMAP System during or after logging in and/or sending to the Licensee's e-mail address specified during registration of the account updated to the Agreement. The Licensor is duly notified of changes in the terms of the Agreement from the moment the Licensor sends such notice.
Licensee agrees to accept any changes made by Licensee to the terms of the Agreement. If the Licensor does not accept such changes, he is obliged to notify the Licensor in writing within five days of notifying the Licensor of the rejection of the changes. If the Licensee has not notified the Licensor of the non-acceptance of changes to the Agreement, it is considered that the Licensee has accepted such changes from the sixth day after notification.
In case the Licensee does not accept the amendments to the Agreement, its validity shall be terminated automatically at the moment of expiration of the License. In this case, Licensee is not entitled to renew the License. If the License is granted to the Licensee for an indefinite period, the Agreement shall terminate within five days from the date of notification of the Licensee to change the terms of the Agreement.
Licensee has the right to receive this Agreement by e-mail in a form that makes it impossible to change its content. The Agreement received by the Licensee in this form is valid until the amendments to the Agreement in the manner prescribed by this section.
The licensee has the right to unilaterally change the list and terms of the License fee by posting an updated list at: https://aimap.aimarketing.info/prices no later than fourteen days before the date of entry into force of such changes. In case of changes in the functionality of the System, AIMAP publishes the relevant updated list at: https://aimap.aimarketing.info/prices.
ARTIFICIAL INTELLIGENCE MEP Limited Liability Company (AIMAPA LLC)
Location: 08140, Kyiv region, Kyiv-Sviatoshynskyi district, village Shevchenkove, Jubilee Lane, 5, office 105
Courier service: New post office, branch №2. Belogorodka, Kyiv-Sviatoshynskyi district, Kyiv region, tel: (097) 441 45 10, (for non-cash payment)
USREU code: 43938044
IBAN UA503206490000026006052739047 in Kyiv
Tax status: single taxpayer of 3 groups, rate 5%, without VAT
A user of the service: EDO "Vchasno" https://vchasno.ua/
Means of communication:
tel .: +380 44 592 81 81