These Terms of Service (hereinafter referred to as «ToS», «Terms» or «Agreement») are a public offer concerning the signing of License Agreement between ‘HURMA SYSTEM’ Limited Liability Company, hereinafter referred to as Licensor or HURMA SYSTEM, (code 43205896, address: Ukraine, Kharkiv region, Kharkiv city, Tobolska Street, 42, of. 522) and any private person, hereinafter referred to as Client, which,
This Agreement contains all the essential terms of the License Agreement and in accordance with Art. 638, 641, 642 of the Civil Code of Ukraine in case of acceptance of all of the following conditions and payment of Services, the Client becomes a person who has accepted the terms of this offer, which is equivalent to the conclusion of the contract on the terms specified in this Agreement (public offer). If any terms specified in this Agreement are not accepted by a person intending to use the Service, such person is not entitled to use the Service provided under this Agreement.
By registering for the use of the Service, the Client and the persons to whom the Client will grant access to his account (Administrator/User) agrees to comply with the terms of this Agreement.
DEFINITIONS AND TERMS
Service — services and products (software), provided by HURMA SYSTEM, LLC through the website located at https://hurma.work.
Owner — a person (Licensor) who owns intellectual property rights to the Service, the access rights and use rights of which are granted under this Agreement.
Client — a person who has paid for the right to access and use the Service under this Agreement and is the owner of an account.
Administrator — an individual appointed by the Client as the main administrative contact for making decisions related to the management of the Service, disconnections from the Service, solving other technical issues, which has the authority from the Client to administer access to the Service, as well as assign additional Administrators/Users. The first person registered in the Service by the Client is appointed as an Administrator.
Account information — information stored by the Licensor and allowing identification of the Client, User, Administrator, which is necessary to use and manage the Service. The account data does not contain the information downloaded (stored) by the Client/Administrator/User regarding their contacts, projects, tasks, events or other similar data and the like.
Content — any information and materials that the Client (through the Administrator/User) uploads or publishes in the Service.
Confidential information — any data, submitted by the Client, his Administrators or Users and published in the Service in any way, as well as the HURMA SYSTEM data, which is considered its property or trade secret, directly or indirectly, which in any form was disclosed by the parties after the enactment of this Agreement.
User — an individual having access to the Service provided by the Client or Administrator.
Account — an entry in the Licensor’s system that stores data that allows identifying the Administrator/User.
Technical support — a set of measures that may be carried out by HURMA SYSTEM within the limits and volumes established by him in order to ensure the functioning of the Service, including information and consulting support on the use of the Service.
1. TERMS OF SERVICE USE. SECURITY AND ACCESS
1.1. Only Clients have the right to use the Service. In order to access the Service, individuals must provide their full name(s), valid email address and other information required for registration.
1.2. To register, the Client undertakes to provide true and complete information about himself and the Administrators/Users on the points listed in the registration form, and keep this information up-to-date. Upon registration, the Client indicates his company name in Latin, which will be used later for accessing the Service (Example: the ABC is the company name, hence the ABC.hurma.work is provided as access to the Service for the Client. If Client/Administrator provides incorrect information or HURMA SYSTEM has reason to believe that the information provided by the Client is incomplete or false, HURMA SYSTEM has the right at its own discretion to block or delete the Client/Administrator/User account and to completely or partially prohibit the Client/Administrator/User use of the Service.
1.3. HURMA SYSTEM reserves the right at any time to require the Client/Administrator to confirm the data specified in the registration, and to request in this connection the relevant documents, the non-delivery of which, at the discretion of HURMA SYSTEM, can be considered similar to the provision of false information and to cause the consequences provided for in clause 1.2 of this Agreement.
1.4. Upon registration, the Client specifies his/her email address, which will be used as a login for access to the Service, and independently chooses a login (a unique character name for the account and password for access to the account. HURMA SYSTEM has the right to prohibit the use of certain logins, as well as set the login and password requirements (length, valid characters, etc.).
1.5. The Client/Administrator/User independently bears the responsibility for the security (resistance to cracking) of their chosen password, as well as independently provide the confidentiality of their password.
1.6. Each Client is provided with a unique identifier for access to the Service. The Client shall ensure that each Administrator's name, the User is used only by the Client (in the activities of the Client), and not used by other persons.
1.7. The administrator must have the authority to administer and use the Service on behalf of the Client and has the right to grant access to additional Administrators/Users. The Administrator has the right to deactivate the User if the Administrator (or the Client) wishes to terminate access to the Service for this User.
1.8. In the event of the termination of the Service, HURMA SYSTEM shall only interact with the Client to remove the relevant account data and allow the downloading of the Content.
1.9. HURMA SYSTEM provides access to the Service only with the use of the web interface, subject to the provisions of this Agreement.
1.10. HURMA SYSTEM uses a secure method of authentication and access to the Service, including: a) managing user passwords and password protection using intelligent password management programs; b) transfer of passwords in encrypted form.
1.11. The Client is responsible for protecting the user names and passwords or other codes related to the Service, as well as for the compliance of the Content with the requirements of the Law.
1.12. The Client undertakes to abide by the policies and procedures for preventing the unauthorized use of User Names and Passwords and immediately notify HURMA SYSTEM of suspicion of loss of passwords or their unauthorized use by third parties.
1.13. HURMA SYSTEM notifies the Client of any actions/events which, in the opinion of HURMA SYSTEM, may lead to, or have led to, unauthorized access, disclosure, use or damage to the Client's Content.
1.14. In the event of a breach of the security and authentication procedure, access to the Service, HURMA SYSTEM cooperates with the Client to determine the cause of the violation and to identify the modified Content and also assists the Client in investigating and preventing a repeated violation.
1.15. HURMA SYSTEM takes measures to protect Content and its reliable storage taking into account technological development and the cost of implementing such measures.
1.16. The Client (Administrator, Users of the Client) undertakes not to carry out independently and not to allow other persons to carry out the following activities:
- provide access to the Service (Service) for rent, rent or temporary use;
- use the Service by broadcasting on Internet sites, both commercially and non-commercially; to modify the Service, its design and appearance;
- create conditions for the use of the Service by persons who do not have personal rights to access and use the Service, except for Client's Users;
- to publish (publish) any fragments and components of the Service, including providing others with the possibility of copying them;
- attempt to circumvent the technical limitations of the Service;
- transfer the right to use the Service to third parties.
2. LICENSE CONDITIONS
2.1. The Service is the object of copyright and intellectual rights of the Owner, which are regulated and protected by the laws of Ukraine and international laws on intellectual property.
2.2. The algorithms of the Service and its source code (including their parts) are the corporate secret of the Owner. Any use of them or use of the Service in violation of the terms of this Agreement is considered as a violation of the Owner’s rights and is sufficient grounds for voiding of this agreement and depriving the Client of the rights granted hereunder.
2.3. HURMA SYSTEM guarantees that it has all the necessary rights under this Agreement to provide them to the Client, including the documentation for the Service.
2.4. The Client is granted a non-exclusive, inalienable, limited license to access and use the Service. The Client is given the right to place his/her Content and use the functional capabilities of the Service in the volumes determined by the chosen tariff.
2.5. HURMA SYSTEM does not review and audit the Content placed by the Client, nor does it acquire any rights, including intellectual property rights, to the Client's content.
2.6. Client agrees to inform the Administrators / Users of the content of this Agreement and to ensure that they comply with its terms. Client is responsible for the actions / omissions of Administrators / Users while using the Service, including for the disclosure / deletion of Content and the disclosure / dissemination of Confidential Information.
2.7. The Client has no right to copy, resell or in any other way reproduce or alienate the Service. The Client/Administrators/Users undertake not to use access to the Service or any part of the Service, except for the Client’s own (internal) activities.
2.8. This Agreement does not give the Client (Administrators, Users) any right to use any trademarks, logos, domain names and other objects of exclusive rights used by the Owner during the offer of the Service. The Client undertakes to use the Service in such a way so as to inadvertently or intentionally not cause a mistaken impression about the Owner of the Service or the services and products that are provided by the Owner via the website located at https://hurma.work.
2.9. The Client has no right to download, publish, transmit, store, distribute via the Service (or directly to the Service) viruses, malware, computer programs that are self-reproducing and contain any destructive codes, spyware or other malicious software.
2.10. HURMA SYSTEM reserves the right at any time, at his own discretion, to take any action that he considers necessary with respect to the Content that violates the terms of this Agreement and its annexes, including its deletion.
2.11. HURMA SYSTEM reserves the right to add, modify or terminate, temporarily or completely, any functionality of the Service at any time, with or without notifying the Client, unless the Owner makes changes that significantly reduce the functionality of the Service. In the latter case, the Owner will send the Client a corresponding warning within 7 (seven) calendar days, and the Client has the right to terminate this Agreement unilaterally.
2.12. HURMA SYSTEM reserves the right to temporarily suspend access to the Service in order to maintain, repair it or install updates. HURMA SYSTEM will send a notice at least 3 (three) working days prior to the suspension of the relevant access. HURMA SYSTEM has the right to temporarily suspend access to the Service under conditions requiring urgent action to protect the Service. HURMA SYSTEM carries out all reasonable means and methods to minimize the operational suspension of the Service.
2.13. The Client has the right to regularly backup and store all of their Content on third-party and independently selected services (cloud, local, etc.), using appropriate technical means and tools, without violating the Owner’s intellectual property rights.
3. PAYMENTS, CHANGE OF ACCESS RIGHTS AND SERVICE USAGE RIGHTS
3.1. For using the Service, the Client pays the subscription fee on the terms set out below.
3.2. All payments do not include VAT and other sales taxes that the Client agrees to pay according to the Law and provided that they are included on the invoice.
3.3. Payment for access rights and rights to use the Service is made by the Client in a cashless manner by transferring the prepayment of the subscription fee to the current account of the Owner. The funds received, as well as the current balance, are displayed in your personal offices at https://hurma.work.
3.4. Payment for the access and use of the Service is carried out through payment systems through the site https://hurma.work. Certain payment methods may include a commission for transferring funds.
3.5. The amount of payment for access and use of the Service, which is provided by the Owner, depends on the subscription plan selected by the Client at https://hurma.work. The rates vary according to the functionality, the number of administrators/users using the Client account, and so on.
3.6. Fee for the use of the Service is paid by the Customer monthly after the expiration of the trial period, which is 7 (seven) calendar days. Fee for use of the Service will be paid every thirty calendar days in the form of subscription. In case of payment for the use of the Service for a calendar year, it is paid by subscription and continues to be charged annually on the date of the initial payment. All payments are not refundable, except as provided in clause 3.10. this Agreement.
3.7. In case of non-payment of the Service use fee within 5 (five) working days after the expiration of the previous right to use the Service paid for 30 (thirty) calendar days, the Owner blocks access to the Service until payment. The moment of payment is the transfer of funds to the current account of HURMA SYSTEM.
3.8. In addition to the fee for using the Service, the Client may incur additional costs associated with access to the Service, in particular, but not exclusively, fees for Internet access, data roaming, and the like.
3.9. HURMA SYSTEM has the right to unilaterally change the cost of subscription fees for granting the right to access and use the Service by posting (publishing) such changes on the https://hurma.work website. Such changes come into force from the moment of their publication, unless a different period and procedure for the entry into force of such changes are due to their publication. In case of changing the cost of the Tariffs for granting the right of access and use of the Service, HURMA SYSTEM shall notify existing Clients of the Service of such changes within 30 (thirty) calendar days by sending a letter to the Client's e-mail.
3.10. In the event that the Service is unavailable due to actions or omissions of the Owner, the fee for using the Service (monthly or annual) will be recalculated and the Client will be provided with an additional period of using the Service in proportion to the period when the Service was unavailable.
3.11. Any payments for early refusal to use the Service are not charged. The rights of access and use of the Service, which were canceled before the expiration of the current payment period, are not included in the subsequent period.
4. TERM OF CONTRACT AND TERMINATION OF THE RIGHT TO ACCESS AND USE THE SERVICE
4.1. The term of this Agreement starts its course from the moment of acceptance of this offer and is in force until the use of the Service is terminated at the end of the relevant period or on other grounds provided for in the Agreement.
4.2. Any Party of this Agreement has the right to terminate it at any time, by written notice to the other Party in the event of a material violation of the terms of this Agreement.
4.3. In case of violation by the Client of the terms of this Agreement, the Owner has the right to unilaterally terminate this Agreement by notifying the Client one working day prior to the expected date of such termination, without subsequent payment of any compensation to the Client related to the said termination.
4.4. If the Client intends to cancel his right to access and use the Service or cancel an account, the Client (or Administrator) has the ability to do it on his behalf at any time, using the appropriate functions of the Service. Termination of the right to access and use the Service or cancellation of the account in any other way is not allowed.
4.5. The Client will remove all of their Content from the Service before the termination of this Agreement or cancellation of the account. HURMA SYSTEM has the right to remove or delete all Content stored in the Service 7 (seven) calendar days after the termination of the Agreement or the termination of the right to access and use the Service. HURMA SYSTEM does not undertake to inform the Client about the removal of his Content after the termination of the Agreement or the right to access and use the Service. HURMA SYSTEM is not responsible to the Client or any users for the removal of Content in accordance with this Agreement.
4.6. In case of termination of the Service for any reason, the Client will have 7 (seven) calendar days to transfer the Content to another place before its removal. HURMA SYSTEM may provide the Client with access to his Content after the termination of the Agreement or the termination of the right to access and use the Service for a fee.
5. CONFIDENTIAL INFORMATION. PROTECTION OF PERSONAL DATA
5.1. Each Party agrees to recognize all personal data as confidential and not to use it unless necessary for the performance of this Agreement.
5.2. The Client, who, in the understanding of the Law of Ukraine “On Personal Data Protection”, acts as the Owner of personal data or the Recipient or Manager of contacts (employees, customers, customers, etc.) — personal data subjects, is obliged to comply with the provisions of this Law regarding data processing (including the use of automated information analysis systems).
5.3. The Client guarantees that he has all legal grounds to collect, register, accumulate, store, adapt, modify, update, use and distribute (publish, transmit), de-personalize, delete personal data and other information that constitutes the Content while using the Service.
5.4. HURMA SYSTEM takes actions to ensure the reliability of storing the personal data and to counter their unauthorized processing, loss or destruction. HURMA SYSTEM acts only on the instructions of the Client regarding the personal data that he processes.
6. LIABILITY, RESPONSIBILITY AND ARBITRATION
6.1. Violation of the terms of this Agreement results in responsibility stipulated by the legislation of Ukraine.
6.2. HURMA SYSTEM is not liable to the Client/Administrators/Users for any losses, any loss of income, profits, information or savings related to the use or inability to use the Service, including in the case of prior notice from the Client/Administrators/Users about the possibility of such damage or any third party claim.
6.3. HURMA SYSTEM is exempt from liability for failure to perform or improper performance of this Agreement if this is due to external circumstances and/or actions (inaction) of third parties if such circumstances and actions/inactions are beyond control and/or occur without the HURMA SYSTEM’s fault.
7. TECHNICAL SUPPORT
7.1. HURMA SYSTEM provides Technical Support for Clients/Administrators/Users, including issues related to functionality, features of operation on standard configurations, supported operating and other Service systems.
7.2. Client/Administrators/Users have the right to apply to the HURMA SYSTEM Technical Support Service without additional remuneration.
7.3. For the implementation of the Technical Support, HURMA SYSTEM has the right to require the Client/Administrators/Users to provide information related to the account data, technical specifications of the equipment.
7.4. Technical support is provided to Clients with active access to the Service by telephone, e-mail or through the page at [email protected], in the Telegram Hurma Support https://t.me/hurmasupport using the @HSsupport chat service.
8. ADDITIONAL CONDITIONS
8.1. Each party agrees to comply with this Agreement in accordance with the laws of Ukraine. All disputes arising directly or indirectly from this Agreement shall be settled in accordance with the applicable laws of Ukraine.
8.2. The Client is obliged to compensate HURMA SYSTEM for losses that may arise as a result of a breach by the Client (its Administrators or Users) of the obligations established by this Agreement. HURMA SYSTEM immediately notifies the Client of any claim or damage which directly or indirectly has its object of violation by the Client (its Administrators of Users) of the obligations established by this Agreement. The Client undertakes to assist HURMA SYSTEM in protecting from any claims, claims, complaints received from third parties if they arise as a result of violations by the Client (its Administrators or Users) of the obligations established by this Agreement.
8.3. The service may be incompatible with the computer or other equipment of the Client. The service is provided by the owner "as is". HURMA SYSTEM does not guarantee any results that the Client intended to achieve (receive) using the Service.
8.4. This Service Agreement is a complete contract between the Owner and the Client and regulates the use of the Service by the Client, replacing any previous agreements between the Parties.
8.5. HURMA SYSTEM has the right to involve third parties to maintain the efficiency of the Service, remaining under this Agreement responsible to the Client for the actions of those involved.
8.6. None of the Parties to this Agreement may transfer (withdraw) any of their rights or obligations to third parties without the prior written consent of the other Party, except in cases of merger or reorganization, if the transferee (newly formed legal entity) agreed to comply with the terms of this Agreement.
8.7. HURMA SYSTEM may provide the possibility to integrate the Service with third-party products of choice and at risk for the Client. In this case, HURMA SYSTEM shall not be liable for the consequences of such integration. HURMA SYSTEM has the right to modify or discontinue the integration of the Service with other services and products of third-party suppliers without prior notice to the Client.
8.8. The inaccessibility of the Service (in the sense of clause 3.10 of this Agreement) means any period of time greater than 25 minutes during which the Client / Administrator / User can not access the Service as a result of service failure, except for the scheduled idle time.
8.9. For all matters not regulated by this Agreement, the Client and the Owner are guided by the current legislation of Ukraine.
8.10. HURMA SYSTEM has the right to unilaterally change the terms of this Agreement by placing modified text on the Internet at https://hurma.work. In the event of the introduction of the HURMA SYSTEM changes to the terms of this Agreement, they will come into force from the moment of publication, unless another term and the procedure for the entry into force of such amendments to this Agreement are made when they are published.