The text of this user agreement, which is permanently posted on the Internet at the network address: https://workbeat.com.ua/en
and contains all the essential terms of the agreement and is a proposal of the Limited Liability Company "WORKBEAT UA", registered under the legislation of Ukraine, to enter into an agreement with a person, who wishes to use the Software on the Internet on the website https://workbeat.com.ua/en
and/or through the Mobile application "Workbeat" under the conditions specified in the text of this agreement.
The text of this user agreement is an offer to join a public agreement in accordance with Article 633, 634 of the Civil Code of Ukraine.
In accordance with Article 642 of the Civil Code of Ukraine, a person is considered to have committed the following actions as a proper acceptance of this offer: Placing a symbol in the special field under the heading "I accept the terms of the user agreement" in the registration form and/or actually installing the software on the Internet on the Site https://workbeat.com.ua/en
and/or through the "Workbeat" Mobile Application. ATTENTION
: I If you do not agree with the terms of this agreement, do not register in the "Workbeat" Mobile application or on the website https://workbeat.com.ua/en/terms and do not use its services, software. 1. TERMS AND DEFINITIONS "Right holder"
- "WORKBEAT UA" Limited Liability Company, Identification code 44587734, location 01001, Kyiv city, st. Volodymyrska, building 7, office 1, phone: +38 (099) 628 11 90; which is the owner of the Software. "Software"
(Software, Program) is a program for the Workbeat computer (both in general and its components), which is a set of data and commands presented in an objective form, including source text, database data, audiovisual works, included by the Right holder in the composition of the specified computer program, as well as any documentation regarding its use. The program is available for use: using the Site and/or the Mobile application installed on the User's/Corporate user's mobile devices. "Site"
is a collection of information, texts, graphic elements, design, images, photos and video materials and other results of intellectual activity, as well as computer programs contained in the information system that ensures the availability of such information on the Internet at the address https://workbeat.com.ua/en. "Mobile application"
is software, as well as a collection of information, texts, graphic elements, design, images , photo and video materials and other results of intellectual activity used on mobile devices (tablets and smartphones). "User"
- a person who uses the software and/or the Site. "Corporate client"
- a person (a legal entity or an individual entrepreneur) who concluded a license agreement with the Right holder or a sublicense agreement with an authorized representative, and/or paid a Corporate license/sublicense, and/or received the possibility of access by several Users to additional functionality for a separate fee. "Agreement"
- this user agreement. "Main page" - access to the Main page is carried out by the User by entering credentials during registration, and for the Corporate client - by entering the login and password assigned by the Right holder in the fields provided for this on the Site and/or Mobile application. "Activation key"
- a set of characters (login and password), which is a technical means of protection of exclusive rights and is intended for accessing the software, in the order provided by the license/sublicense agreement. Profile
- a section that contains information about the user, the ability to change information, password, as well as perform other actions provided by the explicit functions of the profile. Technical support
- measures taken to ensure the functioning of the software, including informational and advisory support on the use of the software, including for an additional fee.
All other terms and definitions found in the text of the Agreement are interpreted by the Parties in accordance with the legislation of Ukraine and the usual rules of interpretation of the relevant terms that have developed on the Internet. 2. SUBJECT OF AGREEMENT
2.1. The right holder grants the User the right to use the software, the Site, for their intended purpose, including by accessing the Site, the Mobile Application using personal computers and mobile devices, and using the explicit functions of the Site, the Mobile Application under the terms of a simple (non-exclusive) license in the territory of access to the Mobile application, the Site, and their functions, for the term of the non-exclusive license in accordance with this Agreement and the license/sublicense agreement.
2.2. By taking actions to accept the offer in the manner specified by this Agreement, the User guarantees that he is familiar with, agrees with, fully and unconditionally accepts all the terms of the Agreement, undertakes to comply with them.
2.3. The User hereby confirms that acceptance (taking actions to accept the offer) is equivalent to signing and concluding the Agreement on the terms set forth in this Agreement. The acceptance of the Agreement is also considered to be the payment by the User/Corporate client of licenses/sublicenses and/or the actual use of the software and/or the Site/Mobile application.
2.4. The Agreement can be accepted by the User exclusively as a whole (Article 634 of the Civil Code of Ukraine). After the User accepts the terms of this Agreement, it becomes a contract concluded between the Right holder and the User, while such a contract is not executed as a paper document signed by both Parties.
2.5. The copyright holder reserves the right to make changes to this Agreement without any special notice, in connection with which the User undertakes to regularly monitor changes in the Agreement. The new version of the Agreement enters into force upon its posting on the Site, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always available at https://workbeat.com.ua/en/terms.
2.6. All objects of intellectual property are provided by the Right holder in the state "As is" ("AS IS"), without warranty obligations of the Right holder or any obligation to eliminate defects and improve. The User, the Corporate Client agrees that no software, the Site is error-free.
2.7. Under no circumstances shall the Right holder bear any responsibility for lost profit, direct or indirect damages caused to Users, Corporate clients when working with the software, as well as for damages related to the termination of contractual relations due to violations by the User, Corporate client.
2.8. The User, the Corporate client fully assumes the risk of the consequences of using the software, including their interaction with other software installed on the computer of the User, Corporate client, and agrees that the result of using the software may not meet the expectations of the User, Corporate client.
2.9. Under no circumstances is the Right holder liable for any damages arising in connection with the use or impossibility of using the software, including in case of software failure.
2.10. The right holder is not responsible for illegal actions of third parties, as well as for equipment malfunctions, which are necessary for using the software.
2.11. The Right holder is not responsible for the quality of communication channels, Internet browser settings, as well as for work interruptions that occur for reasons beyond the Right holder's control.
2.12. In any case, the liability of the Right holder and its partners under any of the provisions of this agreement or license agreement is limited to the amount actually paid by the User, the Corporate client for the rights to use the software, these limitations cannot be excluded or limited.
2.13. The applicable law is the law of Ukraine.
2.14. The right holder has the right to involve third parties in order to fulfill its obligations under this agreement. 3. LICENSES, THEIR TYPES AND TERMS OF VALIDITY
3.1. Standard license: The standard license for the Program is granted to the User on the basis of the Agreement for a period of one year from the day of activation, unless otherwise specified. After the expiration of the Standard License, the User has the right to continue using the Program under the terms of the Standard License for another term. The Standard License grants the right to use the Program in accordance with the functional capabilities declared in the technical documentation, including, but not limited to, receiving information about new versions (updating) of the Program, as well as access to their installation and use. Activation of the Program must be carried out by entering the login and password assigned to the User during registration in the appropriate field.
3.2. License for the Demo Version: Before purchasing the Standard license for the use of the Program, the Right holder may grant the User the right to use the Demo Version of the Program for a limited period of validity (no more than 30 days from the moment of activation) without payment of remuneration (free of charge). The Demo Version gives the User the right to use those functionalities of the Program that may be provided to him under the Standard License, with the exception of paid functions of the Program.
3.3. Corporate license (for Corporate clients):
A corporate license/sublicense for the Program is granted to a Corporate client on the basis of a license agreement between him and the Right holder (or a sublicense agreement between him and the authorized Licensee) for a period of one year from the date of signing the agreement, unless another term is established by the relevant contract The terms of the license/sublicense agreement take precedence over the terms of this user agreement. During this term, the Corporate client may activate the number of licenses agreed upon by the Parties for use by Corporate users. Each activated Corporate License is personal and not intended for use by multiple users. Each corporate license has its own usage statistics and analysis of the Corporate User's progress.
The corporate license grants the right to use the Program in accordance with the functional capabilities declared in the technical documentation, to receive information about new versions (updates) of the Program, as well as access to their installation and use.
Activation The Program for each Corporate User must be carried out by entering the login and password provided by the Right holder in the appropriate field in the Program during the registration of the Corporate User. 4. REGISTRATION PROCEDURE ON THE WEBSITE/ MOBILE APPLICATION
4.1. After the User registers and activates the license, he is granted access to other functions of the software and/or the Site and/or the Mobile application.
4.2. Upon completion of registration, the User is granted access to the Program through the Site and/or mobile application using login and password credentials.
4.3. The password is set by the User during registration in the Program. The password can be changed by the User at any time after registration in the profile settings.
4.4. It is the responsibility of the User to ensure the security and preservation of the password. In the event of loss or illegal acquisition by third parties of access, the User is obliged to immediately notify the Right holder at the e-mail address firstname.lastname@example.org. Until such notification is received, all the User's actions will be considered to have been performed by the User himself. 5. PROCEDURE FOR USING THE SITE AND THE MOBILE APPLICATION
5.1. After completing the registration and license activation, the User gets access to the Main page. The User's Home page displays statistical information about his/her learning progress, and other information modules, access to editing the User's profile may also be displayed.
5.2. To access certain functions of the software, the User may be required to comply with the special technical requirements of the Right holder posted on the Site.
5.3. The user is obliged to use the Site, the Mobile application in good faith, without violating the law, the rights of third parties, norms of morality and dignity. 6. FINANCIAL CONDITIONS
6.1. The right holder can set a fee for the Standard License.
6.2. The right holder establishes the remuneration and the procedure for its payment for the use of the Corporate License in the license agreement. 7. PAYMENT PROCEDURE FOR THE STANDARD LICENSE
7.1. The User's purchase of access to the Standard license is subject to 100% prepayment or another form and method of payment specified in the License Agreement.
7.2. Depending on the payment date of the Standard license, its price may change. 8. INTELLECTUAL PROPERTY AND LIMITATIONS ON USING THE SITE AND MOBILE APPLICATION
8.1. The Site/Mobile Application contains the results of intellectual activity, protected rights and other materials, such rights belong to the Right holder.
8.2. By using the Site, the Mobile Application, the User acknowledges and agrees that the entire content of the Site/Mobile Application and the content structure of the Site/Mobile Application are protected by copyright, trademark rights and other intellectual property rights, and that these rights are protected in accordance with current legislation. No rights to any content of the Site/Mobile Application, including, but not limited to, audiovisual works, textual and graphic materials of computer programs, trademarks shall not be transferred to the User as a result of using the Site/Mobile Application and concluding the Agreement.
8.3. The User is prohibited from copying, modifying, changing, deleting, supplementing, publishing, transferring the objects of exclusive works contained on the Site/Mobile Application, creating derivative works, making or selling products based on them, reproducing, displaying or in any other way exploit or use without the direct permission of their owners.
8.4. For the avoidance of doubt, the User is prohibited from:
8.4.1. copy and/or distribute any information received on the Site/ in the Mobile application, except when such a function is expressly provided for on the Site/ in the Mobile application;
8.4.2. use the information obtained on the Site/ in the Mobile Application for commercial activity, profit, or for use in a way that is contrary to the law, with the exception of skills acquired on the basis of information obtained in accordance with the Agreement;
8.4.3. copy or otherwise use the software part of the Site/Mobile application, as well as its design;
8.4.4. post personal data of third parties on the Site / Mobile application, without their consent, including, but not limited to, home addresses, telephone numbers, passport data, e-mail addresses;
8.4.5. post commercial advertisements, commercial offers, promotional information and any other intrusive information on the Site / in the Mobile application, except for cases when the posting of such information is agreed with the Right holder;
8.4.6. change in any way the software part of the Site/Mobile application, take actions aimed at changing the functioning and performance of the Site/Mobile application;
8.4.7. insult and otherwise violate the rights and freedoms of other users of the Site/Mobile Application, third parties, as well as groups of persons;
8.4.8. use profanity, carry out or distribute information containing calls for mass riots, carrying out extremist activities, participation in mass (public) events that are held in violation of the established order, distribute information necessary for obtaining the results of intellectual activity. 9. PERSONAL DATA AND THEIR USE
9.2. Processing of personal data may include any action (operation) or set of actions (operations) carried out with the use of automation tools or without the use of such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing ), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data that do not fall under special categories, the processing of which, according to the current legislation of Ukraine, requires the consent of the User. Processing of personal data is carried out for the purpose of fulfilling the obligations of the Right holder under the Agreement, providing the User with feedback when using the Site / Mobile application.
9.3. The User's personal data is processed until the Right Owner's liquidation. The User has the right to send the Right holder a request for clarification of his personal data, a request for blocking or destruction if the personal data is incomplete, outdated, inaccurate.
9.4. The User has the right to withdraw consent to the processing of personal data at any time by sending a corresponding message to the Right holder at the address specified in Clause 1 of the Agreement by registered letter with delivery notice. At the same time, the User agrees that the Right holder retains the right to process the User's personal data in cases provided for by the legislation of Ukraine.
9.5. The User consents to receive newsletters from the Right holder or from other persons on behalf of the Right holder to the e-mail address and contact phone number specified by the User when registering on the Site.
Consent to receive newsletters can be revoked by the User at any time by following the appropriate link in the letter or writing to the support service. After receiving such a notification, the Right holder shall stop sending newsletters to the e-mail address specified by the User during registration.
9.6. The User gives his consent to the use of the image as the User's photo (avatar) by the Right holder free of charge. The User undertakes to refrain from using images of third parties as the User's photo (avatar) on the Site / Mobile Application. 10. LIABILITY
10.1. If the User violates the terms of the Agreement, Ukrainian legislation, international norms and rules, the Right holder has the right to block or delete, prohibit or limit access to certain or all functions of the Site/Mobile Application based on the User's credentials without applying any liability measures to the Right holder.
10.2. In the cases provided for in Clause 10.1 of the Agreement, the User may retain access to paid licenses at the decision of the Right Owner and depending on the nature of the violation of the terms of the Agreement.
10.3. Violation by the User of the terms of the Agreement, which caused adverse consequences for the Right holder (damages, administrative and other liability, actions of law enforcement and other executive authorities, claims of third parties), is a reason for the Right holder to terminate access to certain or all functions of the Site / Mobile Application with the right of unilateral by crediting the funds paid by the User to compensate for the damages caused by the violation.
10.4. The copyright holder is not responsible for the functionality of the Site and does not guarantee its uninterrupted operation. The copyright holder also does not guarantee the preservation of the information posted on the Site and the possibility of uninterrupted access to the materials.
10.5. The User uses the Site/Mobile Application in the form in which it is presented at his own risk. The copyright holder does not guarantee that the User will achieve any results as a result of using the Site. 11. SPECIAL CONDITIONS
11.1. The Site/Mobile Application may contain links to other sites on the Internet (third-party sites). The specified third parties and their content are not checked by the Right holder for compliance with certain requirements (authenticity, completeness, legality, etc.). The copyright holder is not responsible for any information, materials posted on third-party websites, to which the User gains access using the Site/Mobile application, including any opinions or statements expressed on third-party websites, advertising, etc. as well as for the availability of such sites or content and the consequences of their use by the User.
11.2. The Right holder does not guarantee that the Site meets the User's requirements, that access to the Site will be provided continuously, quickly, reliably and without errors.
11.3. Software and hardware errors both on the part of the Right holder and on the part of the User, which led to the impossibility of obtaining access to the Site, are grounds for exemption from responsibility for non-fulfillment of obligations by the Right holder. 12. DISPUTE RESOLUTION PROCEDURE
12.1. All disputes, disagreements and claims that may arise in connection with the execution, termination or invalidation of the Agreement, the Parties seek to resolve through negotiations. The Party with the claims and/or disagreements shall send a notice to the other Party indicating the claims and/or disagreements that have arisen.
12.2. If the Parties do not reach an agreement regarding the claims and/or disagreements, the dispute shall be resolved in court in accordance with the current legislation of Ukraine. 13. CHANGE OF AGREEMENT TERMS
13.1. The right holder has the right to unilaterally change the terms of the Agreement, while such changes take effect from the moment the new version of the Agreement is published.
13.2. With each subsequent visit to the Site/Mobile Application, before starting to use the Personal Account, the User undertakes to familiarize himself with the new version of the Agreement. Continued use of the Site/Mobile application means the User's agreement to the terms of the new version of the Agreement.
13.3. If the User does not agree to the terms of the new version of the Agreement, he stops using the Program. 14. FINAL PROVISIONS
14.1. The agreement and all legal relations arising from it are governed by the legislation of Ukraine. All disputes are resolved in accordance with the legislation of Ukraine.
14.2. The invalidity of any provision of the Agreement by the court does not entail the invalidity of other provisions of the Agreement.
14.3. The user confirms that he has read all the provisions of the Agreement, understands and accepts them.