User agreement

 

1. Terms & Conditions

1.1. This user agreement (“User Agreement”, “Agreement” or “Terms”) defines the conditions for access and use of the Flatris online service according to the SaaS model, provided by individual entrepreneur V.V. Kosyanchuk. and affiliated company NEOSALES CORP LP (hereinafter referred to as “Service” or “Flatris”), through the website www.flatris.com.ua (Site), including subdomains and related sites, as well as any information , text, graphic, video and other materials present on the above Site or related to the Flatris brand.

1.2. By using the Flatris service, you automatically agree to these Terms. If you do not accept all the terms of this Agreement without exception, further use of the Service is considered illegal. You also confirm that you have full civil capacity according to the jurisdiction of your country of residence.

1.3. Terms “You”, “Your”, “User” and their derivatives in this Agreement mean individuals or legal entities using the Services (except for individuals under 18 years of age and limited legal capacity).

1.4. If you use the Services on behalf of and on behalf of a company or other legal entity, the terms of this User Agreement apply to the company or other legal entity from name and on behalf of whom you are acting.

2. Subject of the agreement

2.1. The subject of this Agreement is the transfer by the Service of non-exclusive rights to use the Services to the User under the terms ofa simple (non-exclusive) license by providing access to the Serviceon servers owned by hosting companies. span>

2.2. Flatris undertakes to provide the User with services during the Period (paid period for access to the Service) under the terms of the Tariff chosen by the User for personal use.</ p>

2.3. If you use our Services on behalf of your company, this means that the company accepts these Terms. It will indemnify and hold harmless the Service, its management, agents and employees from and against any suit, suit or proceeding arising out of your use of the Service or your violation of these Terms, as well as any liability, including financial liability, for claims, losses, damages, processes, proceedings, court costs and attorneys' fees.

2.4. The terms of this Agreement apply to all subsequent updates and new versions of the Service. By continuing to use the Service, the User thereby agrees to all changes and additions, and also accepts the terms of this Agreement for relevant updates, new versions of the Service, unless the update and/or new version of the Service is accompanied by another agreement.

3. Amendments

3.1. Flatris reserves the right to unilaterally change, supplement or replace some or all of the terms of this User Agreement, which came into force from the moment it was posted on the Flatris website, including, but not limited to, fees associated with the use of the Services. If the Terms change, Flatris will post the updated User Agreement on the Site and will also notify you by accessible means of significant changes to the Agreement. Continued use of the Services after such changes will constitute your acceptance of such changes.

3.2. Changes are not retroactive and come into force no earlier than fourteen days from the date of publication.

3.3. If the User does not object in writing to the changes within 5 (five) days from the date of their implementation, the changes will come into force for him. However, if they are related to the introduction of new functions of the Services or amendments to legislation, they will be applied immediately.

3.4. Each provision of this Agreement is autonomous and legally binding. If one of the provisions of these terms and conditions becomes invalid, this will not affect the validity of the remaining provisions.

4. Notifications

4.1. In order to notify Users of changes to the Services, such as amendments to this Agreement, Flatris may place banners or pop-up notifications with relevant content on the pages of the Site. Users may also receive notifications to the email address they provided when registering for the Service. You agree that Flatris staff may periodically contact you via on-site chat, email or telephone.

5. Rights and obligations of the parties

5.1. Rights and obligations of the Service:

5.1.1. Flatris undertakes to ensure the operation of the Service, in accordance with the terms of this Agreement, around the clock, 7 (seven) days a week, including weekends and holidays, with the exception of the time of maintenance and/or repair work.

5.1.2. Flatris undertakes to provide Users with standard support within 9 hours from Monday to Friday. The standard period for consideration of an application from the moment it is submitted by the Flatris User is 24 hours on working days.

5.1.3. Flatris has the right to suspend the operation of the Service to carry out the necessary scheduled preventive and/or repair work on the technical resources of the Service, as well as unscheduled work in emergency situations , notifying the User about this, if technically possible, by posting relevant information on the website.

5.1.4. Flatris has the right to interrupt the operation of the Service if this is due to the inability to use information and transport channels that are not the Service’s own resources, or due to an action and/or inaction of third parties, if this directly affects the operation of the Service, including in an emergency.

5.1.5. Flatris has the right to update the content, functionality and user interface of the Service at any time at its sole discretion.

5.1.6. Flatris has the right to change the cost of paid services unilaterally.

5.1.7. Flatris has the right to provide Services to other persons. The rights granted to the User are not exclusive.

5.1.8. Flatris has the right to block and/or delete the User's account, including all information content of the User without notifying the User or explaining the reasons if the User violates the terms and conditions present agreement. In case of blocking or deletion of the User's account due to violation of the terms of this Agreement, funds located in the User's personal and bonus accounts are not refundable.

5.1.9. Flatris Technical Support reserves the right not to respond to Users who use obscene language, rude speech or in any other way show disrespect towards Technical Support specialists Flatris support.

5.2. Rights and obligations of the User:

5.2.1. The user undertakes not to take actions that may be considered as violating Ukrainian legislation or the legislation of the country of residence or registration of a legal entity.

5.2.2. The User is obliged to familiarize himself with the current content of this Agreement at least once a month.

5.2.3. The User undertakes not to transfer passwords and logins used to access the Service to third parties, and to ensure the confidentiality of their storage. In the event of unauthorized access to the login and password and/or user account, the User is obliged to immediately notify the Service.

5.2.4. The User agrees to defend, indemnify, hold harmless Flatris and its employees from all claims, suits, proceedings and expenses (including legal costs) that may be incurred by the Service as a result of its use of the Services, including those caused by violation of copyright laws, privacy rights, or violation of other rights of a third party or applicable law.

5.2.5. The User undertakes not to reverse engineer, decompile, attempt hacking, copy code or any other actions aimed at disrupting the normal operation of the Service or obtaining unlawful benefits, including influencing the performance of flatris.com.ua’s servers, and not attempting to hack security mechanisms, not using viruses, Trojans, or other malicious programs for any purpose, including brute force attacks, DoS ( DdoS) attacks, spam, use of links and any other processes.

5.2.6. The User undertakes not to use the Service to create a competing product or service, or copy ideas, functions or graphic elements of the Service.</p >

5.2.7. The User undertakes not to attempt to gain unauthorized access to the Service.

5.2.8. The User has the right to access the Service at any time, except during maintenance and repair work.

5.2.9. The User has the right to use the Service within the limits of its functionality and on the terms established by this Agreement.

5.2.10. The user has the right to independently change the password of his account.

6. Refund Policy

6.1. Flatris undertakes to return funds if no more than 14 days have passed from the date of payment for the subscription. If the User has paid for a subscription to Flatris and for some reason is not satisfied with the Services, he can send a request for a refund by email info@flatris.com.ua or contact the chat on the website www.flatris.com.ua

6.2. The User's request for a refund will be processed within 7 days from the date of submission. Refunds will be made in the same way the payment was made.

6.3. For a refund, the following information is required: Your payment information (name, transaction number), Your login (email address used during registration), a copy /photocopy of the document confirming the payment and a brief explanation of why you are requesting a refund.

7. Terms of subscription and payment for Flatris

7.1. To access paid Flatris Services provided through the Website www.flatris.com.ua, the User must pay for the Services using a credit card, a supported payment service, or to the Service's bank account.

7.2. Tariffs are provided on a monthly basis (for 1 (one), 3 (three) or 6 (six) months) or annual subscription. For the terms of this agreement, 1 (one) month is equal to 30 days.

7.3. You agree that Flatris may only provide your payment information to banking institutions or payment systems (such as LiqPay) to make payment for Services.

7.4. Depending on the country, exchange rate and payment type selected, you may be charged additional fees when paying for the Services. The amount of taxes depends on the payment information you provide when paying for the Services.

7.5. The fact of receipt of payment is confirmed by an employee of the Customer Success department through a chat dialogue or by e-mail.

7.6. When paying for a tariff plan through electronic payment systems, Flatris does not provide individuals with documents confirming the fact of payment.

7.7. Flatris carries out non-cash payments, issues an invoice and provides certificates of completed work to legal entities who:

7.7.1. Provided complete legal information about the legal entity required for transactions, in accordance with the legislation of Ukraine or the country of registration of the legal entity.

7.7.2. Make a payment in an amount of at least $200 (two hundred) (US dollars).

7.7.3. Subscribe to any tariff plan, except Start, for at least 6 (six) months.

7.7.4. Realize that % value added tax or other mandatory payment determined by the legislation of the country of registration of the legal entity will be added to the cost of the tariff plan , as well as the legislation of Ukraine, if at least one of the parties is a resident of Ukraine.

7.8. Payment for the tariff plan is carried out in US dollars or Ukrainian hryvnia.

7.8.1 Using Internet acquiring LIQPAY or WAYFORPAY, payment is made in UAH currency to individual entrepreneur Kosyanchuk V.V..

7.8.2 Using STRIPE Internet acquiring, payment is made in USD currency to the affiliated company NEOSALES CORP LP.

8. Conditions for termination of the agreement

8.1. This Agreement comes into force from the moment of the first use of the Service after registration on the Site, and will remain in force until the account is canceled or the Services are refused.

8.2. You can cancel your account at any time. To cancel your account, send a request to Flatris customer support via chat on the website or by email info@flatris.com.ua

8.3. In case of violation of the terms of use or creation of legal risks for Flatris, Flatris may unilaterally cancel or suspend your account, of which you will be notified by email or when you try to log into your account.

9. Responsibility and dispute resolution procedure

9.1. For violation of obligations under the Agreement, the Parties are liable in accordance with the legislation of Ukraine, if at least one of the parties is a resident of Ukraine, or the legislation of the country of registration of the legal entity. In this case, the liability of the Service to the User in the event of a claim for damages is limited to the amount of the cost of paid services paid by the User.

9.2. The party that has violated the obligation under this agreement, except for the obligation to pay for the Services, is released from liability for such a violation if it proves that it occurred as a result of an accident or force majeure.

9.3. Flatris is provided to the User in accordance with the international principle “as is” (as is), from which it follows that the problems that arise during the process of updating, supporting and operating the Service (including problems of compatibility with other software products, as well as inconsistency of the results of using the Service with the User’s expectations, etc.), as well as for any direct and indirect losses of the User, including lost profits and possible damage, the Service is not responsible.

9.4. The Service has the right to unilaterally block or delete the User’s account, without returning funds for paid services in cases of violation of the terms of the Agreement by the User, as well as non-compliance of his duties as a User

9.5. In the event of disputes or disagreements arising between the Parties arising from this Agreement or related to it, the Parties will take all measures to resolve them through negotiations between themselves.

9.6. If it is not possible to resolve disputes and/or disagreements between the Parties through negotiations, then such disputes are resolved in the International Commercial Arbitration Court at the Trade and Industrial Chamber of Ukraine.

10. Warranty Disclaimer

10.1. Except for the foregoing and the warranties expressly set forth in this section, Flatris makes no other warranties.

10.2. Flatris is not responsible for direct or indirect damage caused by the activities of hackers or unauthorized access and use of the Services or the User account, or resulting from errors , omissions, interruptions in work, technical problems during data transmission, other similar reasons.

10.3. If the User is dissatisfied with the Services, he may cancel his Flatris account by contacting Service support and terminate the Agreement. Such withdrawal will be the sole and exclusive means of terminating the Agreement (and Flatris's sole and exclusive obligation).

10.4. Flatris does not guarantee the performance of remote networks, payment terminals/systems through which the User gains access to services, their payment, and the functioning of which does not depend on the action or inaction of the Service.

11. Privacy

11.1. The privacy rules of this Agreement do not contradict and are fully consistent with the Flatris Privacy Policy.

12. Details

PE Kosyanchuk V.V.
Ukraine, Kyiv, st. Zabolotnogo, 32, apt. 49
IBAN UA173052990000026001026225366
EDRPOU 3230021573

info@flatris.com.ua