This user agreement (further on “Agreement”) defines relationship between Yaware LLC (further on “We”, “Yaware”) and users of the website avaliable at service.yaware.ru , service.yaware.com.ua , service.yaware.com , and software or services provided by Yaware.
1. General terms
1.1. This agreement is a legally binding agreement between You and Yaware.Service. You can get aquainted with terms of the latest Agreement at a current address
1.3. By creating an Account or by using the Service you accept terms of this Agreement and oblige to follow them. If you do not agree with this Agreement (completely or in particular) then you are not granted rights and duties of the User of Service and you are not permitted to use the Service.
1.4. In order to receive access to personalized functions of the Service, you have to register at the service – create an “Account”, and provide us with full and credible information about yourself.
1.5. The operation of the primary functions of the Service is carried out by the Software installed on the clients’ hardware (“Workplace”). The functionality of this Software is inseparable from the Yaware.Service. You can not use Software while refusing to use the Service.
1.6. During the use or absence of use of the Workplace, the Software will create text, graphic, audio-, video- or mixed files (“Data”), which are further transmitted to software-hardware systems of Yaware.Service for processing, storing and reproduction within an Account.
1.7. Terms of this agreement are distributed among all users of the Service – those who do not have an account, and those who have an account of any type.
1.8. Registration credentials (login and password) which are used to access the account and Service are considered as an analog of Your’s signature.
1.10. Information published on the Website about our actions as a news, press-releases and other informational materials, are actual as of the date of its publication. Due to the possible future events and with the passage of time some information might turn out to be incomplete or not true, however, we will take actions to actualize it or remove from the website.
1.11. We might inform you about projects, forecasts or statements of future events, relevant to our Service, however, such information is preliminary because events and circumstances might differ due to the impact of various factors.
2. SERVICE USE RESTRICTIONS
We don’t allow ourselves to take certain actions, thus if you make any of actions listed below We will consider them as a violation of this Agreement:
- Receiving, processing, storing or distribution via the Service any information which: violates current legislature; violates anyone’s intellectual property rights; violates rights and legitimate interests of a third party (including photos and videos main subject of which is a person who did not allow publication of photos or videos which depict that person); contains scenes of erotic, pornographic or offensive nature; promotes religious, racial or international hatred; contains malware or software (or links to them) able to interrupt normal functionality of computer, software or communication equipment of any person.
- Attempt to break or violate licensing agreement;
- Integration of Service’s functions into third party websites or services except for the events when such integration is allowed by us;
- Taking actions aimed to deceive us or other users of Service;
- Taking actions which violate rights, freedoms, honor, and dignity of any other person;
- Registering an account on behalf or instead other person;
- Granting the access or credentials to the account to a third party;
- Performing illegal collection, systematization, storing or distribution of personal information;
- An attempt to access or accessing account of another user of Service by any way, including, but not limited to, deception, abuse of trust, password cracking;
- An attempt to access or accessing hardware (including virtualization systems), software of service or it’s source code.
3. PAID FUNCTIONS OF SERVICE
3.1. Paid functions of Yaware.Service are provided to you only after full prepayment due to selected package price. Some Service’s packages might be granted free of charge but with limited functionality or period of use (trial period).
3.2. You will receive an invoice after You order paid service within the Service. In case if You don’t pay the invoice during a significant period of time, the invoice might be canceled.
3.3. The invoice may be paid only with the methods and systems We are operating with.
3.4. While making a payment via payment systems you should follow the instructions published on the websites of respective systems. The correctness of payment procedure is out of our responsibility and competence.
3.5. All expenses related to payment (including, but not limited to, taxes, fees etc.) to be paid solely by You.
3.6. Paid Service is granted to the user who ordered the service, regardless of who made the payment.
3.7. After the end of paid period and in a case of Your violation of this Agreement and/or current legislation, your Account will be blocked. You will receive an email notification about the emergence of such implications and, if possible, conditions when access to your account will be restored.
3.8. In a case of absence of use of Service (no need, inability to use due to technical or other complications on Your part) prepaid costs are not refunded. In a case of blocking of Your account due to violations of this Agreement, refunding of prepaid costs is at our discretion.
4.1. You may only get acquainted with the information obtained from your Workplace or which you have been granted access to.
4.2. By using the Service you allow us to receive, process and store information, collected via software installed on a Workplace, in a volume conditioned in terms of agreements, permissions and licenses concluded between Yaware.Service and You.
4.3. If you believe that Service contains information which violates your rights, You are obliged to inform us about this and substantiate such violation. In a case of providing false information on rights violation, You are bear full responsibility for inflicted damage (including financial losses, toll, and payment for lawyer services).
5.2. In a case if during the use of the Service you have got an information, regarding Us and/or any third party, which is considered personal, confidential and/or trade secret, you are not permitted to store, copy, use, distribute such information and have to delete all available examples of such information.
6. GUARANTEE AND RESPONSIBILITY RESTRICTIONS
6.1. You have to be sure of legality and correctness of all your actions before every use of Service
6.2. We reserve the right, but not obligation, to check correctness, competence, and legality of yours use of Service.
6.3. We do not reserve the obligation to validate, change or control any information, which you may access within the Service, and do not grant credibility of such information, its legality, quality or correspondence with specific requests and needs.
6.4. We reserve the right to refuse the User the right to receive, process, store and reproduce information of specific Workplace or concerning specific individual without explanation of the reasons for such refusal.
6.5. Available access to information within the Service does not mean that we recognize such information as appropriate to the current legislature or this Agreement or other related agreements.
6.6. You have to realize that while using the Service you may access obscene, offensive or illegal in your country of residence or any other country content, and that such information might not have proper tags or notifications about that. Considering this you agree that your use of Service is accomplished at your own risk and that Yaware.Service and all of its licensees, subsidiaries, contractors, representatives, and agents are not responsible for information, the content of which might be considered illegal, offensive, obscene or undesirable.
6.7. Yaware.Service does not bear any responsibility for any consequences which occurred as a result of use or absence of use or inability to use the Service or any data produced, processed or reproduced by Service, and does not refund any losses, including lost profits, which arose as a result of such consequences. All the responsibility for such actions, the absence of action and consequences of actions is born by the User.
6.8. We do not guarantee availability and/or lawfulness of the Service in all or specific countries, and also do not guarantee the availability of the Service in certain translations.
6.9. In a case of your violation of this Agreement or any other agreements concluded between Yaware.Service and You, Yaware.Service has the right to refuse you access to the service, block or restrict access to your Account and information, or delete your Account and information without preceding announcement.
6.10. Results of use of the Account and all actions committed within the Service using your credentials are recognized as done by You. We are not responsible for the results of an authorized or an unauthorized use of your credentials or Account by any third party.
6.11. By using the Service you may access software, services or websites of some third party, which are not controlled by or related to us. We do not guarantee availability and correct work of such software, services, and websites and their correspondence to the declared subject or your expectations, and do not bear any responsibility. We are not obliged to provide technical support or any other kind of support for such software, services or websites, thus, in order to receive such technical support you have to contact directly to respective developers or providers.
6.12. The Service is provided “as is”. We realize that it is possible that during the use of the Service might occur faults, errors, crashes, however, we apply all reasonable efforts to prevent this. That said, You agree that the obligation to resolve such faults, errors, crashes, and terms of the resolution are determined solely by Us.
6.13. It is possible that the Service might be incompatible with other non-Yaware’s software installed on your hardware and/or Workplace, and we do not guarantee qualitative interaction and/or parallel work with such software.
6.14. We attempt to provide undisruptable performance of the Service, however, there is a possibility of complete or particular loss of data which we do not store, and We are not responsible for such loss and related direct or indirect losses
6.15. Yaware.Service does not bear any responsibility for harm or losses experienced by anyone as a result of mistaken understanding or incomprehension of this Agreement, instructions or directions to use the Service. In a case if You did not completely understand the terms of this Agreement, You have the right to ask for the necessary explanations before starting to use the Service. By creating the Account and/or by using the Service and/or by accepting this Agreement you confirm that you have understood all the terms of this Agreement and have received all necessary explanations.
7. OTHER TERMS
7.1. While this agreement is valid we have mutual right to use the logos of the company’s which concluded this Agreement. Mutual use of logos allows You, partners, suppliers and others to learn about our business relationships, underlining our intention to increase the efficiency of business and adherence to modern technologies.
7.2. Further on we might make changes to this Agreement due to the expansion or change of Service’s functions. We will notify You about such changes by email or by publishing a respective notification on our Website. All changes made to the agreement will be available as a new version of User Agreement. The new version of the Agreement enters into the force not earlier than 30 days after publication or emailing of the notification. In any case, by using the Service You confirm your consent with the version of the Agreement which is valid at the moment of use of the Service.
7.3. You agree that You won’t use the Service in any other way except permitted by this Agreement.
7.4. You agree to use the Service accordingly to the current legislation, including the legislation of the country or region where you reside or use the Service.
7.5. Parties of this Agreement are obliged not to cooperate with each other’s employees beyond the execution of theirs job responsibilities.
7.6. Parties of this Agreement are obliged not to hire each other’s employees during 2 years after their release.
7.7. In a case if it became known to You about violation of this Agreement you are obliged to immediately informs us about this.
7.9. We may unilaterally change the list or the volume of Service’s functions, its packages and other terms of service after informing You in advance. These changes are not applicable to the already paid but unused services.
7.10. In a case of change of the owner or controller of Yaware.Service’s assets, We have the right to pass to such owner or controller our rights and duties stated in this Agreement without notification the User.
7.11. In a case of divergence in different translations of this Agreement priority will have the Russian translation.
7.12. In a case of annulment or recognized as unrealizable of any part of this Agreement, all the other part will still be in force. Denial or violation of any term of this Agreement does not cancel the effect of such term.
7.13. This Agreement and the relations between Yaware.Service and You, related to the use of the Service shall be governed by the Ukrainian legislature.