PUBLIC AGREEMENT
ON PROVIDING ACCESS TO SOFTWARE
1. GENERAL PROVISIONS
1.1. This document is an open offer (hereinafter referred to as "Offer") of the Limited Liability Company "UNITSOFT" (hereinafter referred to as "UNITSOFT"), addressed to an indefinite number of persons, to conclude an Agreement for providing access to software (hereinafter referred to as "Agreement") on the terms set forth in this Offer, including all its annexes.
1.2. UNITSOFT publishes this Public Agreement (Offer) on the website https://unitsoft.com.ua. The Offer becomes effective from the moment it is posted on the website at the link https://unitsoft.com.ua/offer.
1.3. According to Articles 633, 638, 641 of the Civil Code of Ukraine, this Agreement is a public contract, and in case of acceptance (Acceptance) of the conditions set forth below, any legally capable individual, individual entrepreneur, or legal entity (hereinafter referred to as the "User") undertakes to comply with the terms of this Agreement and its annexes.
1.4. UNITSOFT reserves the right to make changes to the Offer and/or withdraw the Offer at any time at its discretion. In the event of changes, such changes take effect from the moment the updated version of the Offer is posted on the website in accordance with the provisions of clause 1.2. of this Offer, unless otherwise specified in the Offer.
2. TERMS AND DEFINITIONS
2.1. In this Offer, unless the context requires otherwise, the terms below have the following meanings:
2.1.1. "Agreement" – means this Agreement on providing access to software, all annexes.
2.1.2. "Site" – an internet resource and a set of software and hardware tools, the result of computer programming in the form of an online service, located on the Internet at the address https://unitsoft.com.ua, which belongs to UNITSOFT.
2.1.3. "Programs" (or "Software", "Software Product", or "SP") – software products (computer programs), as a result of computer programming in the form of an operating system, system, application, and/or educational computer program (their components) and online services, owned or distributed by the Copyright Holder company, including appropriate technical and other documentation, copyright management information (according to the licensing terms of distribution and use), software updates, etc., access to which is provided under this Agreement.
The Software may include components that are:
- the result of UNITSOFT's own development,
- distributed under the terms of the LGPL license (Odoo Community),
- provided by UNITSOFT for use based on separate licensing agreements with rights holders.
The Software may include open-source components distributed under the LGPL license. The User agrees to comply with the terms of the respective open licenses.
Link to order access to the Software and additional services, in accordance with the terms of this Agreement – https://unitsoft.com.ua/apps.
2.1.4. "User" or "End User" – an individual or legal entity that is granted the right to use the Program (or several Programs) for its functional purpose exclusively in its internal activities without the right to alienate them in favor of third parties.
2.1.5. "End User Rights" – non-exclusive, non-transferable rights (permission) that UNITSOFT grants to the End User to use the Programs during the Access Period. The scope of End User rights may be further regulated by the Rights Holder in the EULA.
2.1.6. "End User License Agreement" or "EULA" – a license agreement between the Rights Holder and the User, provided electronically directly by the Rights Holder or through UNITSOFT, which contains the terms of software use exclusively for its functional purpose.
2.1.7. "Access Period" – the period of time equal to the term of property rights to the respective Programs (while the Parties understand that for each Program the Access Period is calculated separately and independently of each other).
2.1.8. «Exchange rate» – the official exchange rate of the national currency of Ukraine in relation to the US dollar, as provided on the official NBU website (https://bank.gov.ua/ua/markets/exchangerates).
2.1.9. "Rights Holder" – a legal entity that is the Licensor of the Software product, the owner of all proprietary copyrights to the Programs.
2.1.10. "SaaS version" – is a version of the Software, the rights to use which are granted without the transfer of the distribution, by registering on the official Website.
2.1.11. "Accounting period" – a period of time, a multiple of one calendar month, for which the payment for the use of the SaaS version of the Software by the User is calculated and must be made.
2.1.12. "Additional services" – all other services provided at the User's request.
2.1.13. "Personal Account" – the User's electronic cabinet (account) in the functional system of the Website through which the User can interact with UNITSOFT, order services and receive instructions on providing access to services and the ordered Software product.
2.1.14. "Tariff Plan" – the volume of services provided to the User according to the Accounting period, which has a corresponding cost.
2.1.15. "Server" – a computer (physical or virtual) on which the database of the Software product is located.
2.1.16. "Registration" – the procedure of filling out the registration form by the User on the Website, for the purpose of User verification, obtaining information about their tax status and account data. After UNITSOFT registration, the User is assigned an appropriate login and password for interaction with UNITSOFT, access to services and Account.
2.1.17. "Authorization" – the entry by a registered User of their login and password to access the User's Personal Account.
2.1.18. "Login" – the User's identifier for authorization on the Website, which they use for interaction with UNITSOFT, ordering and paying for Software and Additional services in accordance with the terms of this Agreement. The User's email address is used as the Login.
2.1.19. "Trial period" – the period for which free access to the Software is provided.
2.1.20. "Service Composition" – a list of specific Programs, access volumes, and/or Additional services provided to the User within the framework of this Agreement. The standard Service Composition is determined on the UNITSOFT website and/or in the relevant Tariff plan.
3. SUBJECT OF THE AGREEMENT
3.1. The subject of the Agreement is the provision of access to the Programs for using the Software for its intended functional purpose in the manner and under the conditions established by this Agreement.
3.2. Providing access to the Programs under the terms established by this Agreement implies providing access to the online service and Software via the Internet.
3.3. The Software product, access to which is provided under this Agreement, may include licensed Software and/or online services. The Software product may be distributed in electronic form – by email, Internet channels, by downloading from a unified resource locator (URL) using appropriate means and access codes, in the form of a code (codes) for activating the computer program. The composition of the Software is defined in clause 2.1.3 of this Agreement.
3.4. The Software provided to the User consists of:
3.4.1. open components (Odoo Community), licensed under the GNU LGPL;
3.4.2. modules created by UNITSOFT, rights to which belong to UNITSOFT;
3.4.3. third-party modules, the rights to use which have been transferred to UNITSOFT by the rights holders on the basis of separate agreements.
3.5. UNITSOFT guarantees the User that it has the necessary legal grounds to provide the User with access to the Software product and the right to use it in accordance with this Agreement and the conditions set by the Rights Holder.
3.6. For the purposes of clause 3.1 of this Agreement: (I) The End User acquires the right to launch and use the Software in other ways provided by the EULA, and may also use online services no earlier than the date of conclusion of the client agreement between the Copyright Holder and the End User, (II) the scope and term of all specified rights are limited in accordance with the client agreement concluded between the Copyright Holder and the End User, and (III) in case of inconsistency between the terms of this Agreement and the terms of the client agreement with the Copyright Holder, the terms of the client agreement shall prevail only regarding the specific Software product of such Copyright Holder.
3.7. Nothing in this Agreement implies that the User has obtained the right to transfer (alienate) in the sense of Article 49 of the Law of Ukraine "On Copyright and Related Rights" and Article 1113 of the Civil Code of Ukraine, the property copyright to the Programs.
3.8. Nothing in this Agreement implies that the User has obtained the right to dispose of, own, sell, or otherwise alienate the Programs as objects of property rights of intellectual property (copyrights) belonging to the Rights Holder (subject of copyright, acquired them under current law or agreement).
3.9. Certain components of the Software are licensed under the terms of the GNU LGPL and are used in accordance with the requirements of such a license. The User is not granted access to the source code of such components, except in cases expressly provided for by the terms of the LGPL license.
3.10. The specific Composition of Services for providing access to the Software provided to the User under this Agreement is determined by the selected Tariff Plan and/or Sales Order (Appendix 1 to this Agreement). In the event that another plan, different from the standard Tariff Plan, is agreed upon, the Composition of Services and/or additional services, their details may also be specified in the relevant invoice-act. Such a Sales Order and/or invoice-act is an integral part of this Agreement and mandatory for the Parties for the corresponding Accounting period.
4. ACCEPTANCE OF THE AGREEMENT
4.1. Confirmation of full and unconditional acceptance of the Offer is the execution (signing) by the User of the Order for sale to the Agreement (Appendix 1 to this Agreement) and/or their payment for the ordered Services, indicating their acceptance of the Offer.
4.2. The Agreement is considered concluded without its further signing from the moment UNITSOFT receives the Order for sale from the User and/or the User pays for the ordered Services or performs other actions provided for by the Agreement, indicating agreement to comply with the terms of the Agreement, without signing a written copy of the Agreement by the Parties.
4.3. The User agrees to comply with the terms of the Agreement and to receive Services on the terms established by UNITSOFT from the moment the User places (signs) the Order for sale and/or pays for the ordered Services.
4.4. By concluding the Agreement, the User automatically agrees with the full and unconditional acceptance of the User of the terms of the Agreement, prices, and all annexes, which are an integral part of the Agreement.
5. TERMS OF USE OF THE PROGRAMS
5.1. According to this Agreement, the User has the right to use the Programs (according to their composition defined in clause 2.1.3) on a limited number of workstations in accordance with the Licensing restrictions of the Rights Holder, exclusively within the functional purpose and EULA of the Rights Holder.
5.2. The SaaS version of the Program is provided for use by granting remote access to the UNITSOFT server, in electronic form by the following methods: by email, in the User's Personal Account, via Internet channels, by downloading from a unified resource locator (URL) using appropriate means and access codes, in the form of a code (codes) for activating the computer program, if another procedure for receiving and transferring the Software product does not apply according to the Software License Agreement established by the Copyright Holder (in particular, by providing the End User with the opportunity to obtain the program code of the Software product and related documentation from an authorized electronic delivery site controlled by the Copyright Holder).
5.3. The place of installation and the territory of use of the Programs under the agreement is considered to be the User's technical site.
5.4. The technical parameters and characteristics of the Servers used to provide access to the Program are determined solely at the discretion of UNITSOFT. UNITSOFT ensures proper functioning and uninterrupted access to the Program within the established parameters and in accordance with current technical requirements.
5.5. The User does not have the right to transfer, provide temporary use, distribute the Programs to third parties, nor is entitled to allow third parties to access the Programs and/or use the functional capabilities of the Programs for a fee.
5.6. The User undertakes to use the received copies of the Programs in accordance with the terms of this Agreement and the Rights Holder's EULA.
5.7. The User is not entitled to create copies of the documentation, including the User Manual, supplied in paper or electronic form along with a copy of the Programs. If necessary, the original documentation is acquired by the User for an additional fee under a separate purchase agreement.
5.8. In the case of placing their own (legally acquired) Programs and Licenses on the UNITSOFT platform, the User is obliged to provide UNITSOFT with information about registration numbers, License numbers, and other documents confirming the legitimacy of using these Programs.
5.9. The standard service package provides access to one database with a limit of 5 GB of disk space for data storage and 5 GB for file storage. In case of exceeding these volumes, the User is obliged to pay for additional services according to current rates or ensure optimization of usage volume.
6. CONTRACT PRICE AND PAYMENT PROCEDURE
6.1. The total price of the Agreement represents the sum of the paid Invoice-Acts for all services provided under this Agreement.
6.2. For providing access to the Software, the User agrees to make a payment to UNITSOFT in the amount specified in the UNITSOFT Invoice-Act, which reflects the selected Service Package.
6.3. Payment for providing access to the Software is made, among others, but not limited to, through payment services WayForPay, Liqpay, or others proposed by UNITSOFT.
6.4. Payment for access to the Software is made according to the provided Invoice-Act upon its provision by email and according to the Accounting period. The Invoice-Act is a confirmation of the volume and cost of the provided services, and its payment or lack of written claims, as specified below, is equivalent to the User's acceptance of the provided services. Payment for such an Invoice-Act confirms the fact of proper provision of access to the Software. Services are considered accepted if within 3 (three) working days from the moment of access provision, the User does not inform about justified claims. In case of non-payment after the expiration of this period, UNITSOFT has the right to suspend access to the Software and terminate the Agreement.
6.5. Unless otherwise agreed by the parties, payment for the cost of access to the Software, specified in the relevant Invoice-act, is made by the User within 3 (three) business days from the date of sending the relevant Invoice-act.
6.6. The User is notified of a change in cost no later than 7 (seven) calendar days before the new terms come into effect by posting a notice in the Personal Account or on the UNITSOFT website.
6.7. All payments for licenses to use the SaaS service are final and non-refundable. After activating the license and accessing the service, the User agrees that refunds are not provided, regardless of any reasons that may arise for the User.
6.8. In exceptional cases caused by technical errors on the part of UNITSOFT that resulted in the inability to use the license, refunds will be made at the absolute discretion of UNITSOFT after a thorough review of all circumstances.
6.9. In case of a dispute regarding the refund, the User must contact the support service of our service, providing all necessary evidence. The decision on the refund will be made within 30 days from the date of the application submission. Contacting the support service is a mandatory pre-judicial settlement measure agreed upon by the parties. If the parties do not succeed in resolving the dispute through pre-judicial measures, the User has the right to apply to the court of appropriate subject matter and territorial jurisdiction to protect their rights and legitimate interests. Applying to the court without following the mandatory pre-judicial settlement procedure by the User will be considered a premature claim, resulting in the closure of the court proceedings and denial of the claim.
7. RESERVATIONS REGARDING COPYRIGHT AND WARRANTIES OF THE PARTIES
7.1. The exclusive property rights to the Programs, the Licenses for the right to use which are transferred under this Agreement, belong to the Rights Holders.
7.2. The User is granted temporary access to the functionality of the software in online mode. Access to the Software is provided in a limited number of copies and for a limited functional purpose.
7.3. The User does not have the right to make changes to the Programs, as objects of the Copyright Holder's copyright, perform modification, adaptation, decompile, analyze, remove or bypass the technical protection means of the Programs, and perform other actions that violate the copyright on these Programs or other rights of the Copyright Holder, except for methods explicitly permitted by the documentation or the EULA for the Programs.
7.4. UNITSOFT guarantees that it has all the necessary rights and authority to conclude and execute this Agreement, and that the conclusion and execution of UNITSOFT's terms of this Agreement do not violate the copyright on the Rights Holder's Programs.
7.5. UNITSOFT guarantees that it is the recipient of licenses for the Software products of the Rights Holders, and also has all the necessary rights to provide third parties with limited access to the Software in network mode in accordance with the terms of this Agreement.
7.6. UNITSOFT bears financial responsibility for the licensing purity of the Software products supplied, in the amount of their contractual value. "Licensing purity" in this Agreement means that UNITSOFT has all the necessary rights to transfer the rights to use the Programs. UNITSOFT guarantees compliance with all norms of current legislation, including the norms of the Law of Ukraine "On Copyright and Related Rights".
7.7. UNITSOFT guarantees that the use of third-party modules is carried out on a legal basis. In the event of claims from copyright holders regarding copyright infringement, UNITSOFT independently takes responsibility for resolving such claims and releases the User from liability. In the event that the User creates their own modules or integrates with the Software, they bear sole responsibility for ensuring that such solutions comply with the license requirements included in the Software.
7.8. In case of claims against the User by regulatory and other inspecting bodies, third parties regarding the legality of use or purchase of Software products, access to which is provided under the Agreement, UNITSOFT assumes all claims. The User is obliged to transfer all materials related to the arisen claim to UNITSOFT within 3 (three) days to enable the latter to resolve the claims in accordance with current legislation and contractual relations with the relevant copyright holders of the Software products.
7.9. UNITSOFT confirms that all components to which access is provided to the User are used on a legal basis, and has the right to provide access to the respective software to third parties in accordance with licensing terms and agreements concluded with rights holders.
7.10. UNITSOFT confirms that the use of open components within the Software is carried out in accordance with the terms of the GNU LGPL license. In the case where the license provides for the right to access modified code, UNITSOFT provides such access exclusively within the requirements of the respective license and to the extent of the components covered by it.
8. PROCEDURE AND TERMS FOR PROVIDING SERVICES AND ACCESS TO SOFTWARE PRODUCTS
8.1. Access to the Software, products, and services is provided by UNITSOFT only for registered Users.
8.2. Users are required to go through the registration and identification procedure on the relevant page of the Site by filling out the appropriate form. During registration, the User undertakes to provide truthful, complete, and accurate information about themselves in the registration form (questionnaire) and ensure its relevance and completeness. The User undertakes not to mislead UNITSOFT regarding their identity/name. In case of detecting inaccurate information provided by the User, UNITSOFT has the right to cancel such registration and/or suspend it and/or terminate access to the Software and Additional services and/or require additional documents to verify such information provided by the User. In such a case, UNITSOFT sends the appropriate notification to the User.
8.3. To place an order for Software in the store at the link https://unitsoft.com.ua/apps, The User must complete the registration procedure using email, or credentials: Google, Microsoft, Odoo, Facebook. Or have the appropriate login and password from the UNITSOFT Personal Account and undergo authorization.
8.4. The User places an order according to the list of services for which the User wishes to obtain the right to use. Confirmation of this application is a return email message with confirmation text from UNITSOFT.
8.5. After placing an order, the User receives a confirmation message on their email. In the case of Authorization using Google or Microsoft credentials, the order is placed without confirmation.
8.6. After processing the order, the User receives an email with a link to access the Software and authorization data. The standard service package initially provided includes one database, one user, 5 GB of disk space for the database, and 5 GB of space for file storage. These parameters can be changed according to the order and payment by the User for additional services according to current rates.
8.7. 3 (three) calendar days before the end of the Trial period, UNITSOFT generates in the Personal Account and via the email specified during registration, a generated Invoice – act, which is subject to payment, in accordance with the terms of section 6 of this Agreement.
9. DISPUTE RESOLUTION PROCEDURE
9.1. In the event of a dispute in the performance of this Agreement by the Parties, the Parties will take all measures to resolve it through negotiations.
9.2. In the event of the impossibility of resolving a dispute through negotiations, the Parties turn to the appropriate court in accordance with the current legislation of Ukraine. The interpretation of this Agreement is carried out in accordance with the laws of Ukraine.
10. FORCE MAJEURE CIRCUMSTANCES
10.1. The Parties are released from liability for full or partial non-fulfillment of their obligations under this Agreement if it is caused by force majeure circumstances, such as: natural disaster, fire, flood, earthquake, war, military aggression, blockade, martial law, state of emergency, introduction of restrictive measures by state authorities of another pandemic or epidemic.
10.2. The Parties take into account the current military-political situation in Ukraine, the fact that the Offer and the legal relations of the Parties operate under the conditions of a full-scale invasion, military aggression of the Russian Federation, and the declared martial law on the territory of Ukraine in accordance with the Decree of the President of Ukraine dated February 24, 2022, No. 64/2022 "On the introduction of martial law in Ukraine" and the current risks of destruction of civilian and military infrastructure that ensures communication, Internet connection, and connection with the banking system, risks of damage or destruction of the organization's material and technical base. The aforementioned cases are considered force majeure circumstances, which temporarily or completely make it impossible for the Parties to fulfill their obligations under the Agreement, provided they occur for any of the Parties.
10.3. In the event of force majeure circumstances, the Parties are obliged to make every effort to timely fulfill their obligations under the Agreement, and the term for fulfilling all obligations under the Agreement is extended proportionally to the time during which such circumstances will be in effect. If these circumstances and their consequences last more than 90 (ninety) calendar days, each Party shall have the right to refuse further fulfillment of obligations under this Agreement, while neither Party shall have the right to demand compensation from the other Party for possible losses and claims regarding the fulfillment of obligations under the Agreement. During the period of force majeure circumstances, if the provision of services is actually impossible, the cost of access to the Software is not charged or is reduced proportionally to the period of lack of access.
10.4. The Party for whom it is impossible to fulfill obligations under the Agreement due to the occurrence of force majeure circumstances is obliged to notify the other Party within 3 (three) calendar days (by telephone, fax, other means of telecommunications, email) indicating the presence of the aforementioned events, the date of their occurrence, and the approximate duration.
10.5. If the Party experiencing force majeure circumstances objectively cannot notify the other Party about the performance of the Agreement, it is obliged to take measures to notify the Party when it becomes realistically possible to do so.
10.6. Failure to notify about the occurrence of force majeure circumstances deprives the Party of the right to refer to any of the above circumstances as a basis that exempts it from liability for non-performance of obligations and postpones the performance of the obligations themselves.
10.7. The Parties agreed that in the event of force majeure circumstances caused by the military aggression of the Russian Federation, the letter from the Chamber of Commerce and Industry of Ukraine dated August 28, 2022, No. 2024/02/0-7.1 will be the appropriate document certifying the occurrence of force majeure circumstances.
10.8. In the event of a dispute between the Parties regarding the occurrence of force majeure circumstances and their non-recognition by the other Party, the document confirming the existence of force majeure circumstances is a document in the form established by the Chamber of Commerce and Industry of Ukraine. This document, certifying the occurrence of force majeure circumstances, is issued by the Chamber of Commerce and Industry of Ukraine or a regional chamber of commerce and industry in accordance with current legislation, the terms of the Agreement, and the Certification Regulations. The Chamber of Commerce and Industry of Ukraine and regional chambers of commerce and industry have approved force majeure circumstances by the Decision of the Presidium of the Chamber of Commerce and Industry of Ukraine dated 15.07.2014 No. 40 (3).
11. CONFIDENTIALITY
11.1. All business, legal, technical information, and data, as well as documentation related to the Programs, in any form (hereinafter – Information), which the Parties provide to each other during the term of this Agreement, must be used only for the purposes for which it was provided; stored in a confidential manner; the information must not be disseminated without the permission of the other Party; it must not be disclosed to any third party unless otherwise provided by the provisions of this Agreement or agreed upon by the Parties in writing.
11.2. UNITSOFT and/or the Rights Holder have the right to audit the User's software usage in the form of a request for technical information or a remote online inspection. Physical access to premises is possible only with separate consent of the Parties or in accordance with legal requirements.
11.3. The User is informed and agrees that UNITSOFT, within the framework of ensuring the execution of this Agreement, including payment processing, may provide information about the User to payment providers, the Copyright Holder, as well as other third parties authorized by the Copyright Holder. UNITSOFT ensures the protection of such information in accordance with the privacy policy, except in cases where the transfer of information is necessary within the framework of the Agreement execution or by law. The fact of accepting the Offer, as well as the fact of concluding the Agreement, is not confidential information, except in cases expressly provided by law.
11.4. The User is informed about the inclusion of their personal data in the personal data database, the purpose and scope of processing, and their rights in accordance with the Law of Ukraine 'On Personal Data Protection'.
12. RESPONSIBILITY OF THE PARTIES
12.1. The Parties are responsible for non-performance or improper performance of their obligations under this Agreement in accordance with its provisions and the current legislation of Ukraine
12.2. The User exercises the rights to use the Program at their own risk and agrees that no Software is free from errors.
12.3. UNITSOFT ensures an appropriate level of information security for User data in accordance with technical capabilities and generally accepted industry standards.
12.4. UNITSOFT is not responsible:
12.4.1. for any consequences or damage that arose as a result of the User's actions during the use of the Program, including incorrect application, management, or unlawful actions leading to a breach of this Agreement;
12.4.2. for any damage caused to the User as a result of loss or unauthorized disclosure of confidential data, including logins, passwords, or other information that allows access to the Program;
12.4.3. for the quality of devices and additional software, including access to the Internet network, necessary for working in the Program, supplied by third parties;
12.4.4. for the internet channel, its speed and quality, and other network equipment and services.
12.5. UNITSOFT is exempt from liability for the complete or partial impossibility of providing services or for any disruptions in access to the Software and Additional services that arise due to failures in the Internet network, actions of third parties (including unauthorized interventions or cyberattacks), actions of the hosting provider or data center, power outages, as well as other reasons beyond the reasonable control of UNITSOFT. UNITSOFT undertakes to make reasonable efforts to ensure uninterrupted access. Specific conditions of the service availability level (Service Level Agreement, SLA) may be defined in a separate agreement between the Parties.
13. TERM AND TERMINATION OF THE AGREEMENT
13.1. The Agreement between the Parties begins to take effect at the actual time of acceptance (Acceptance) of the offer, in the manner provided for in section 4.
13.2. The Agreement enters into force from the moment access to the Software is provided and/or payment is made and is valid until the end of the corresponding paid period, unless otherwise provided by separate terms.
13.3. If the User deems it necessary to prematurely terminate the Agreement, they must inform UNITSOFT in writing no later than 15 (fifteen) days in advance of their intention, by sending a letter to the email address info@unitsoft.com.ua.
13.4. The Agreement is automatically terminated without the need for additional actions from UNITSOFT after the expiration of the last day of the Account period paid by the User, unless further payment is made to continue access to the Software product and Additional services.
14. PROCEDURE FOR MAKING CHANGES AND ADDITIONS TO THE AGREEMENT
14.1. Changes and/or additions to this Agreement may be made by UNITSOFT unilaterally.
14.2. Users will be notified of any changes or additions by sending an updated copy of the Agreement and notification of the fact of such changes to the User's email 7 calendar days before the date of the updated Agreement taking effect.
14.3. The date of receipt of such notification and the updated version of the Agreement by the User is considered the day it is sent by UNITSOFT. The actual continuation of using UNITSOFT's services under the updated version of the Agreement after the expiration of 7 calendar days from the moment the User receives the notification and the updated version of the Agreement is considered the User's consent to the updated terms of the Agreement.
14.4. The new edition of the Agreement or changes come into force from the moment of their publication, unless another term of their validity is specified.
14.5. In case of disagreement by the User with the published changes, the User has the right to terminate this Agreement early by sending a notification to UNITSOFT's email address info@unitsoft.com.ua. The notification must contain a clear refusal of the changes, a proposal not to join the new version of the Agreement, or non-compliance with its terms.
14.6. If the User does not express their disagreement in writing within the agreed period from the moment the changes are published and continues to use UNITSOFT services, such continuation is considered as the User's agreement with the new version of the Agreement or with the introduced changes and/or additions.
14.7. The User agrees that the terms of the End User License Agreement (EULA) of the Copyright Holder may be changed unilaterally by the Copyright Holder. UNITSOFT undertakes to make reasonable efforts to timely inform the User about such changes by posting relevant information on the Site or sending a notification to the User's email. The User is obliged to independently familiarize themselves with the current version of the EULA of the Copyright Holder.
15. ADDITIONAL CONDITIONS
15.1. All provisions of this Agreement regarding the limitation of liability of UNITSOFT and/or the Rights Holder, the establishment of liability for copyright infringement, as well as confidentiality provisions, remain in effect regardless of the termination or dissolution of this Agreement.
15.2. Requests, notifications, technical, registration, and other documents necessary for the fulfillment of the terms of this Agreement may be provided by the Parties in written form or using electronic, telephone, facsimile communication, as well as through the User's Personal Account on the UNITSOFT Website.
15.3. This Agreement is subject to application and interpretation in accordance with the laws of Ukraine. Any disputes arising from this Agreement or in connection with the violation of its terms are subject to consideration by the courts of Ukraine. If certain provisions of this Agreement become invalid or unenforceable, its other provisions remain in effect.
15.4. The titles of the sections of the Agreement are used only for the convenience of the Parties and do not affect the interpretation of the provisions of the Agreement.
15.5. The conditions for technical maintenance, consulting, and other support of the Programs are regulated by a separate agreement.
15.6. The Parties may additionally conclude a Service Level Agreement (SLA) and the provision of Additional Services.
15.7. The Parties confirm that the use of open components of the Software is not a violation of the terms of this Agreement and is carried out in accordance with open licenses (including GNU LGPL), which do not impose restrictions on providing access in SaaS mode.
15.8. The Party accepting this Offer confirms consent to the inclusion of personal data, which became known during the conclusion or execution of this Agreement, into the relevant personal data database and their processing in accordance with the Law of Ukraine "On Personal Data Protection".