1. Terms & Conditions
1.1. These Terms & Conditions define terms of access and use of online service Flatris of SaaS model provided by a legal person of PIF Kosianchuk Volodymyr registered at Zabolotnoho 32 street, apt. 49 Kyiv (hereinafter referred to as "Service" or "Flatris") via website www.flatris.com.ua ( hereinafter referred to as "Website"), including subdomains and linked websites as well as any other information, text, graphic, video and other materials available on the abovestated Website or connected to Flatris.
1.2. By using Flatris you accept these Terms & Conditions. If you do not accept all the terms and conditions without any exception, any further use of the Service shall be considered as illegal. You shall also confirm that you have full civil capacity in accordance with the jurisdiction of country of residence.
1.3. Such terms as "You", "Your", "User" and its derivatives in these Terms & Conditions define physical or legal persons who use our Service (except persons aged under 18 and incapacitated).
1.4. If you are using Services on behalf of the company or another legal person, these Terms & Conditions apply to the company or the legal person as well.
2. Subject of the Terms & Conditions
2.1. Subject of these Terms & Conditions is transfering non-exclusive rights of using Services on terms of non-exclusive license by granting access to the Service on the servers of hosting companies.
2.2. Flatris undertakes to provide the User with services during the Period ( period with paid access) on terms of the chosen tariff.
2.3. If you use our Services on behalf of your company it means that the company accepts these Terms & Conditions. The company undertakes to protect the Service, its managers, agents, and staff from any lawsuits, trials and proceedings connected with your use of the Service or vilation of the Terms, as well as from any responsibilities regarding lawsuits, harm, destructions, trials, proceedings, legal fees and attorney's fee.
2.4. Effect of present Terms & Conditions also applies to all subsequent updates and new versions of the Service. By continuing usage of the Service User thereby agrees with changes and additions and accepts the Terms & Conditions for according updates, new versions of the Service, if an update or a new version of the Service is not accompanied by new Terms.
3. Changes to the Terms & Conditions
3.1. Flatris reserves the right to modify, supplement or replace certain or all the Terms, entered into force from the moment of it posting on the Site in a unilateral way, including fees concerning the Service use. If the Terms are changed, Flatris will post updated version of the Terms & Conditions and will send you a notification about significant changes by all possible means. By continuing usage of Service after the changes have been made you confirm acceptance of the new Terms.
3.2. Changes do not have retroactive effect and become effective not earlier than fourteen days upon the publication.
3.3. If User does not object changes in writing within 5 (five) days from the moment of receiving the notification, the changes will take effect for him. However, if the changes are connected to addition of new functions of the Services or including amendments to legislation, they will be effective immediately.
3.4. Every provision of the present Terms & Conditions is autonomous and legally valid. If any provision becomes void, the remaining provisions shall not be affected.
4.1. In order to notify Users about any modifications in the Service such as amendments to the present Terms & Conditions, Flatris may post banners or pop-up notifications with the according content on the pages of the Site. Users also can receive notifications to the e-mail address provided during registration in the Service. You agree that Flatris staff can contact you periodically via chat on the Website, e-mail or mobile phone.
5. Rights and duties
5.1. Rights and duties of the Service:
5.1.1. Flatris undertakes to provide performance of the Service in accordance with these Terms & Conditions 24 hours a day, 7 (seven) days a week, including weekends and holidays, except for the periods of maintenance.
5.1.2. Flatris undertakes to provide Users with standard support during 9 hourse from Monday to Friday. Standard period of consideration of the application from the moment of its submission takes 24 hours on working days.
5.1.3. Flatris has a right to put Service on hold for conducting planned maintenance on technical resources of the Site, as well as out-of-scope works in case of emergency, notifying Users about it by posting according information on the Website, if it's technically possible.
5.1.4. Flatris has a right to interrupt the Service work if it is caused by loss of use of transport information systems that are not owned by the Service, or by third party action or omission, if it is directly influences performance of the Service.
5.1.5. Flatris has a right to update the content, functional features and user interface at any time and at their own discretion.
5.1.6. Flatris has a right to change the price of paid services unilaterally.
5.1.7. Flatris has a right to provide Services to other parties. Rights provided to User are not exclusive.
5.1.8. Flatris has a right to block and/or delete personal account of the User, including all User's content without prior notice and explanation in case of violation of these Terms by User. In case of blocking or deleting of the User's account due to violation of the Terms, no money will be returned to the User.
5.1.9. Flatris technical support reserves the right not to reply to Users who use obscene language or in any other manner show disrespect towards the technical support specialists.
5.2. Rights and duties of the User:
5.2.1. User undertakes not to take any actions that may be considered as violating Ukrainian legislation or legislation of the country of their residence or legal person registration.
5.2.2. User undertakes to review these Terms at least once a month to ensure they are updated.
5.2.3. User undertakes not to share their login and password, that are used to access the Service, and ensure its confidential storage. In case of illegal access to this data User must immediately inform the Service.
5.2.4. User undertakes to defend, pay damages, exempt from liability and protect Flatris and its staff from lawsuits, claims, proceedings and expenses (including legal fees) that may be incurred by the Service as a result of user's actions, including ones caused by violation of the legislative requirements relating to copyright protection, right to privacy, or any other rights of the third party or applicable legislation.
5.2.5. User undertakes not to reverse-engineer, decompile, attempt to hack, copy the code or perform any other actions aimed at interrupting proper functioning of the Service or obtaining unlawful benefit, affect the Company's servers efficiency, as well as not to attempt to hack security mechanisms, not to use viruses. trojans, other malware including brute force attacks, DoS (DdoS) attacks, spam, using links or any other processes.
5.2.6. User undertakes not to use the Service for creating competing products or services, copy ideas, features or graphic elements of the Service.
5.2.7. User undertakes not to try to obtain unauthorized access to the Service.
5.2.8. User has a right to access the Service at any time, except for the maintanence period.
5.2.9. User has a right to use the Service within the limits of its functional capabilities and on conditions set forth be the present Terms & Conditions.
5.2.10. User has a right to change the password on his own for his personal account.
6. Refund Policy
6.1. Flatris undertakes to return the funds, if payment for subscription was made not more than 14 days ago. If the User paid the Flatris subscription but is not satisfied with the Services, there is a possibility to apply for a refund at email@example.com or via online chat on the Website www.flatris.com.ua
6.2. Refund request will be processed within 7 days upon the moment the application was made.
6.3. For a succesful refund the following data is required: Your payment details (Name, transaction number), Your login (e-mail address used at registration), copy/photocopy of the document confirming the payment and a short explanation, why you are requesting a refund.
7. Terms of subscription and payment for the Flatris services
7.1. In order to have access to paid Services from Flatris, provided through the Website www.flatris.com.ua, User should pay for Services with a credit card of supported payment service or to the Service bank account.
7.2. Tariffs are provided for monthly (for 1 (one), 3 (three) or 6 (six) months) or annual subscription. In accordance with these Terms 1 (one) month equals 30 days.
7.3. You agree that Flatris can provide your payment details only to the banking institutions and payment systems (such as LiqPay) for conducting payment for the Services.
7.4. Depending on the country, currency exchange rate and chosen payment type, you can be charged with commission fees in the process of payment for the Services. The tax amount depends on payment details, provided during the payment process.
7.5. Customer Support staff acknowledges the receipt of payment via e-mail or online chat on the Website.
7.6. If the payment for the tariff is made via payment systems, Flatris does not provide physical documents acknowledging the receipt of payment.
7.7. Flatris accepts non-cash payments, sends a bill and provides work completion statements for the following legal persons:
7.7.1. Persons who provided full legal information about the legal person, required for making deals, in accordance with Ukrainian legislation or legislation of the country of a legal person registration.
7.7.2. Persons who make payments in the amount not less than 200$ (two hundred) USD.
7.7.3. Persons who subscribe to any tariff except Start, for no less than 6 (six) months.
7.7.4. Persons who acknowledge that the tax % or other mandatory payments, defined by the legislation of the country of legal person registration as well as Ukrainian legislation, will be added to the price of the tariff.
7.8. Payment for the tariff is made in the currency of the country of your residence or legal person registration, in the amount equivalent to the price of the tariff in USD.
8. Term of Termination
8.1. These Terms & Conditions take effect upon the moment of the first use of the Service after registration and will remain in force until account termination or discontinuing use of the Service.
8.2. You can terminate your personal account at any moment. Send the termination request to the Flatris customer's support via online chat on the Website or at support@Flatris.com.ua
8.3. In case of violation of the Terms & Conditions or creating legal risks for Flatris, Service can terminate or suspend Your account unilaterally. You will receive a notification on your e-mail and when attempting to log in to the account.
9. Responsibilities and dispute resolution procedure
9.1. For violation of duties set forth in present Terms & Conditions, Parties are liable in accordance with Ukrainian legislation, if at least one of the parties is a ukrainian resident, or with legislation of the country of legal person registration. Service's liability is limited to the value of payments for Services that were paid by User.
9.2. Party, which violated these Terms & Conditions (except the Terms regarding payment for the services) would be exempts from liability for such violation if able to prove that it happened by accident or force majeure.
9.3. Flatris is provided for the User according to international principle 'as is', so it follows that Service is not responsible for any problems in the process of updating, support and maintenance of the Service (including compatibility issues with other software or if the results of using the Service does not meet the User's expectations) as well as for User's direct and indirect losses, including the loss of profits and possible damage.
9.4. Service is entitled to block or suspend User's personal account unilaterally, without returning of the money for paid services in case of violation of the Terms by User or failure to perform their duties.
9.5. In case of emerging any disputes or disagreements between the Parties arisingn from present Terms & Conditions or connected to it, Parties shall take all necessary actions to resolve them through negotiations.
9.6. If the disputes cannot be settled through negotiation, they should be settled by International Commercial Arbitration Court of the Ukrainian Chamber of Commerce and Industry.
10. Waiver of guarantee obligations
10.1. Flatris does not provide no guarantees, other than those prescribed above and specified in the section in question.
10.2. Flatris is not responcible for any direct or indirect damages caused by hackers or illegal access and using the Services or User's personal account, as well as damages caused as a result of mistakes, interruptions at work, technical issues and other similar issues.
10.3. If User is dissatisfied with the Services, there is a possibility to terminate personal account on Flatris by contacting Service support. Such a denial will be the only and exclusive mean of terminating the Agreement (and sole and exclusive responsibility of Flatris).
10.4. Flatris does not guarantee efficiency of remote networks, payment terminals/systems, by which User receives access to the services, its payments, and the functioning of which does not depend on action or omission of the Service.