Terms of use
LICENSE AGREEMENT
of public offer for the right to use the computer program "S.T.ART.Life"
This License Agreement (hereinafter referred to as the Agreement) is a public offer agreement and a public contract in accordance with the provisions of Articles 633, 641 of the Civil Code of Ukraine and represents a public offer of S.T.ART.Life from the individual entrepreneur Portus Sergiy Viktorovich - registered address: 73000, Ukraine, Kherson, Greedasova 57 (hereinafter referred to as the Licensor) addressed to the User (hereinafter referred to as the Licensee).
This Agreement is considered concluded from the moment of its acceptance by the Licensee. Acceptance of the Agreement occurs during the User's registration on the Licensee's website at: [https://startlife.com.ua] by clicking on the item "I accept the Terms and Conditions and Privacy Policy"
1. Terms and definitions
1.1. "S.T.ART.Life " - the result of the Licensor's intellectual activity - computer program "S.T.ART.Life " - a system for creating and managing a website or online store.
1.2. The Licensor is a person who has the exclusive right to authorize the use of the intellectual property.
1.3. Licensee is a natural or legal person who accepts the terms of this License Agreement and intends to use the Software in accordance with the terms of this Agreement.
1.4. Acceptance means full, voluntary and unconditional acceptance by the Client of the terms of the Agreement and its Annexes.
1.5. License means a non-exclusive right to use the Software granted by the Licensor to the Licensee under the terms of this Agreement.
1.6. Website means the Licensor's Internet resource located on the Internet at the following address: [https://startlife.com.ua], through which access to the S.T.ART.Life Software is provided, which also contains information about the S.T.ART.Life Software, Tariffs, serves as the official means of notifying the Licensee of changes and additions to the S.T.ART.Life Software by posting relevant information on the Website in the cases provided for by this Agreement. The Licensor guarantees that it has all the rights to the Website necessary to fulfill its obligations under the Agreement.
1.7. Third parties - any individuals, individual entrepreneurs and legal entities that are not Parties to this Agreement
1.8. Licensee's Account - an account, a structure of specific data, information that is individualized by the credentials provided by the Licensee to the Licensor during registration.
1.9. License Agreement - this Agreement, all Appendices thereto, and containing the main terms and conditions on which the Licensor undertakes to grant the License to the Licensee.
1.10. Remuneration - a monetary compensation of the Licensee to the Licensor for the provision of the License.
2. Subject of the license agreement
2.1. The subject matter of this License Agreement is the transfer by the Licensor of non-exclusive rights to use the result of intellectual activity - computer program "S.T.ART.Life " to the Licensee, under a non-exclusive license by opening access to the Licensor's server.
2.2. The territory of the legitimate use of the computer program "S.T.ART.Life " under this Agreement is the territory of Ukraine; at the same time, at the request of the Licensee, the computer program "S.T.ART.Life " may be legitimately used throughout the world.
2.3. The Licensor guarantees that it has all the necessary rights to conclude this Agreement.
3. Exclusive rights
3.1. " "S.T.ART.Life" " is the result of the Licensor's intellectual activity and is protected by the Law of Ukraine "On Copyright and Related Rights ", the Civil Code of Ukraine, the Commercial Code of Ukraine and international copyright law.
3.2. S.T.ART.Life does not use any elements to violate the rights of third parties.
3.3. The right to use "S.T.ART.Life " is granted only to the Licensee (and no other third parties) solely to the extent stipulated by this License Agreement, unless otherwise agreed in writing by the Licensor.
4. Tariff plans
4.1 Basic plan: Obtaining a license is free of charge. This version is limited in the total amount of online storage and functionality due to the advertising of "S.T.ART Life ". It is automatically connected from the moment of registration of the User's account on the website [https://startlife.com.ua].
4.2 "Premium per month ": Purchase of the "Premium per month " License for a period of 1 (one) month. The term starts from the moment of receipt of the Reward according to the Tariff and ends at 23:59:59 on the next day after one calendar month.
4.3. "Premium for a year ": Purchase of the "Premium for a year " License for a period of one (1) year. The term starts from the moment of receipt of the Reward according to the Tariff and ends at 23:59:59 on the next day after one calendar month.
4.4. "Premium for two years ": Purchase of the "Premium for two years " License for a period of two (2) years. The term starts from the moment of receipt of the Reward according to the Tariff and ends at 23:59:59 on the next day after two calendar years.
4.5. After the expiration of the time specified in clauses 4.2-4.4., provided that the Licensor does not receive the Remuneration for the renewal of the License, the Licensee receives a restriction of access to the system, in which certain functionalities of the S.T.ART.Life computer program are not available.
5. Rights and obligations of the Parties
5.1. The Licensor is obliged to:
5.1.1. within 1 business day from the date of receipt of payment to the Licensor's account, provide the Licensee with access to the functions of S.T.ART.Life in accordance with the tariff plan selected by the Licensee;
5.1.2. ensure that S.T.ART.Life performs the functions described in the user documentation;
5.1.3. timely update the software on the server;
5.1.4. ensure round-the-clock availability of the server, except for the time of preventive maintenance;
5.1.5. ensure the confidentiality of the data placed by the Licensee in S.T.ART.Life for the entire period of their stay on the Licensor's server.
5.2. The Licensor has the right to:
5.2.1. make changes to S.T.ART.Life related to changes in functionality at its sole discretion without the Licensee's consent;
5.2.2. block access to "S.T.ART.Life " in case of violation by the Licensee of the terms of this License Agreement;
5.2.3. block or delete the Licensee's website without notifying its owner in case of violation of the legislation of Ukraine or any legislation of the country of the Licensee's location or the norms of International Law;
5.2.4. to suspend access to the S.T.ART.Life server for the necessary scheduled maintenance and repair work, as well as unscheduled work in emergency situations.
5.3. The Licensee is obliged to:
5.3.1. timely transfer funds as payment under this Agreement to the Licensor's current account;
5.3.2. strictly comply with the terms of this Agreement and follow the amendments and additions thereto and the Annexes thereto published on the Licensor's website;
5.3.3. not to post on the Website any pornographic, vulgar, violent materials, as well as any materials in violation of copyright or legislation, in particular, calls for violence, overthrow of the existing government, discrimination on gender, race, religion, nationality, etc.
5.3.4. not to change or delete the link to the Licensor's website on the created website.
5.4. The Licensee has the right to:
5.4.1. to get round-the-clock access to the server, except for the time of preventive maintenance;
5.4.2. choose a tariff plan.
6. Term of the Agreement
6.1. This License Agreement shall enter into force upon acceptance of the terms of this License Agreement and shall be valid for the period established by the tariff plan and shall be automatically prolonged for a new term on the terms of the tariff plan chosen by the Licensee.
6.2. In case of violation of the terms of this License Agreement by the Licensee, the Licensor has the right to terminate the Agreement early and immediately block access to the server without prior notice to the Licensee.
6.3. Either Party has the right to unilaterally withdraw from this License Agreement by notifying the other Party by sending a thirty (30) day notice by electronic means. The Licensor's e-mail address is adminstartlife.com.ua or through the link https://startlife.com.ua/ua/prices. The Licensee's e-mail address is specified during registration.
6.4. The Licensee agrees to receive the Licensor's newsletter at the specified e-mail address.
7. Remuneration
7.1. The Licensee pays the Licensor a license fee for the right to use S.T.ART.Life in accordance with the selected tariff plan in the amount specified in the invoice.
7.2. The Licensee shall pay the invoice issued by the Licensor by transferring 100% of the amount specified in the invoice.
8. Responsibility of the Parties
8.1. The parties to this License Agreement shall be liable in accordance with the laws of Ukraine.
8.2. The Licensor shall have the right to suspend the License (to close full access to the S.T.ART.Life computer program and provide limited access to it) in case of violation of the payment terms under this Agreement. In this context, this does not mean termination of the Agreement.
8.3. The Licensor shall not be liable for any losses and non-pecuniary damage incurred by the Licensee as a result of misunderstanding or misunderstanding of the information on the procedure for registration/payment of the Tariff Plan, as well as obtaining and using the Licensor's website and the S.T.ART.Life computer program.
8.4. The Parties shall be released from liability for full or partial failure to fulfill their obligations under this License Agreement if such failure was the result of force majeure, i.e. extraordinary and unavoidable circumstances under the given conditions. Force majeure circumstances, in particular, include: epidemics, natural disasters, military actions, strikes, riots and protests, actions and decisions of public authorities, introduction of a state of emergency, introduction of martial law, failures arising in telecommunication and energy networks.
8.5. The Licensor shall not be liable for the impossibility of using S.T.ART.Life for reasons beyond the Licensor's control.
9. Confidentiality
9.1. The Parties undertake not to disclose confidential information and not to use it except for the purpose of fulfilling their obligations under this Agreement.
9.2. Confidential information shall be deemed to be information obtained in the course of performance of this Agreement and containing trade secrets or other secrets of a party protected by law, or information expressly designated as confidential by the Parties. All documents containing confidential information and transmitted under this Agreement shall be marked "Confidential ".
9.3. The Party that fails to comply with the terms of confidentiality shall be liable in accordance with the law.
9.4. Information will not be classified as confidential if the information is freely accessible on a legal basis and the party that owns the information does not take the necessary measures to protect its confidentiality.
9.5. The very fact of concluding and the subject matter of this Agreement shall not be confidential and may be used by the Parties for advertising and marketing, informational and statistical purposes.
10. Dispute resolution
10.1. All disputes and disagreements arising under this Agreement between the Licensor and the Licensee shall be resolved by the Parties through joint efforts and negotiations.
10.2 In case of failure to resolve the dispute through negotiations within a reasonable period of time, the Parties may apply to the dispute resolution procedures provided for by the current legislation of Ukraine.
10.3. On all other matters not provided for in this Agreement, the Parties shall be governed by the current legislation of Ukraine.
11. Term of the Public Offer License Agreement
11.1. This Offer comes into force from the date of its publication on the Licensor's website and is valid indefinitely. The provisions of this clause also apply to additions (changes) to this Offer.
11.2. The Licensor has the right to change the terms of this Offer without further notice to the Licensee.