End User License (EULA)

TERMS OF USE

DevBase SOFTWARE

  These Terms use of the DevBase software "(hereinafter referred to as the Terms) establish the rights and obligations of users of the DevBase software and regulate the guarantees and responsibilities of the copyright holder of the DevBase software.  
  1. DETERMINING DEADLINES
  • Software (hereinafter referred to as the software) – “DevBase” software, which is a set of instructions in the form of words, numbers, codes, diagrams, symbols or any other form, expressed in a form suitable for reading by a computer device (desktop computer, laptop, smartphone, game console, smart TV, etc.) that activate it to achieve a specific goal or result, expressed in source or object code.
  • Agreement - agreement for the provision of licenses and services for access to software, concluded between the Licensee and the Licensor , or a person authorized by him, including contracts under the terms of a public offer.
  • Terms - terms of use of the “DevBase” software, available at Public offer.
  • Licensor- Sobko Alexander Mikhailovich (TIN 3214519954).
  • Licensee- the person who entered into the Agreement and received the right to use the SaaS Services.
  • Authorized user - an individual who, under the terms of this Agreement and these Terms, is authorized by the Licensee to use of software paid for by the Licensee, which the Licensee has provided with a login identifier (login and password), regardless of whether the Authorized User is actively using the software or not. The number of authorized users cannot exceed the number of SaaS service units purchased and duly paid for.
  • Hosting - a service for hosting and providing resources for posting information on a permanently available server. Internet access.
  • SaaS service - granting rights to use the software, its deployment and configuration, access to it according to the “software as a service” principle and its Hosting, the features and functions of which are described in the relevant documentation.
  • Licensee Data - any information of the Licensee that is entered and/or stored by the Licensee and its Authorized Persons by users during the legal use of the software in accordance with the concluded Agreement and these Terms.
  • Intellectual Property Rights - intellectual property rights guaranteed by the legislation of Ukraine and international standards regarding software , trademarks of the Licensor, know-how, technical secrets, inventions of the Licensor that were created before the date of the Agreement, as well as those that will be created in the future.
  • Use allowed - use of SaaS services in accordance with these Terms, the concluded Agreement, exclusively for internal purposes of the Licensee.
  • Services for providing access to software - a set of services provided by the Licensor or his authorized person, and the description of which is given in Appendix No. 2 to these Terms.
 
  1.       GENERAL TERMS OF USE
  • 2.1.The Licensor provides, and the Licensee accepts and pays for, the SaaS Services specified in the Agreement and invoices thereto. The Licensor makes SaaS available to the Licensee during the ordered and paid period in accordance with the terms of the Agreement.
  • 2.2.The Services may be used throughout the world, within the limits, methods and conditions specified in these Terms, with the exception of the restrictions established herein document.
  • 2.3.SaaS services include the ability to customize the software to meet the business needs of the Licensee.
  • 2.4.To provide Hosting, the Licensor engages the following provider: LLC “Hosting “Ukraine””. Detailed terms and conditions for servicing the Hosting are specified at the link: https://www.ukraine.com.ua/legal/sla/.
   
  1.       MAINTENANCE
  • 3.1. The licensor and its authorized persons carry out the following technical maintenance of SaaS:
    • Ensuring the functioning of the deployed software infrastructure;
    • Communication with the Hosting provider regarding technical problems with the functioning of the Hosting, in the manner and on the terms determined by the Hosting provider;
    • correction by the Licensor of errors in the basic functionality of the software identified by the Licensee based on the Licensee's request by e-mail info@smarto.com.ua.
 
  1.       RESTRICTION OF USE
  • 4.1 The Licensor reserves all rights not expressly provided for in these Terms.
  • 4.2.The software is protected by copyright laws and international treaties and other intellectual property rights. The software is licensed, not alienated.
  • 4.3. These Terms do not provide for granting the Licensee any rights to marks for the Licensor’s goods and services.
  • 4.4. The licensee is expressly prohibited from disclosing software technologies, decompiling software, modifying and distributing software to third parties, creating and developing products competitive to software (programs, applications, systems, etc.) .d. .p.), remove its components from the software, use software components without obtaining the consent of the relevant copyright holders.
  • 4.5. The Licensee is prohibited from selling, reselling, licensing, sublicensing, providing access, rights to use SaaS services to third parties without the proper written consent of the Licensor.
 
  1.       LICENSEE DATA CONFIDENTIAL
  • 5.1. The Licensor provides administrative, physical and technical safeguards designed to protect the security, confidentiality and integrity of Licensee's data.
  • 5.2. The Licensor guarantees that it does not gain access to the Licensee’s data.
 
  1.         GUARANTEES AND LOANS OF THE PARTIES
  • 6.1. Each Party represents and warrants to the other Party that it has full power and authority to provide and use the SaaS Services and to perform its obligations under these Terms. Licensor's provision and Licensee's use of the SaaS Services does not violate any applicable Law, regulation or order of any court or other dispute resolution body unless such violation, conflict or default would materially impair such Party's performance of its obligations or the other Party's use of its rights under these Terms.
  • 6.2. The Licensor represents to the Licensee that the Software will operate in accordance with these Terms and relevant Documentation.
  • 6.3. The Software is provided on an "AS IS" and "AS AVAILABLE" basis. Licensor expressly disclaims all representations and warranties with respect to the SaaS services, including warranties that the SaaS services will meet Licensee's needs and purposes, be fit for a particular purpose, and meet Licensee's expectations. Licensor makes no warranty that the SaaS services will work together as expected when combined with third party software.
  • 6.4. Licensee warrants that the creation and termination of authorized user logins and passwords and other security measures that may be used in connection with the SaaS Services will be in accordance with accepted security principles.
  • Licensee is solely responsible for the security and proper creation, use and termination of all logins and passwords of Authorized Users, Licensee shall ensure that all reasonable measures are taken to ensure their confidentiality, security, and that data is not disclosed to unauthorized persons.
  • 6.5. The Licensee assures and guarantees that neither he nor any of his Authorized Users are located on the territory of the Russian Federation and/or the Republic of Belarus, and/or the temporarily occupied territories of Ukraine - the Autonomous Republic of Crimea, certain regions of Lugansk, Donetsk, Zaporozhye and Kherson regions .
  • 6.6. The Licensee represents and warrants that among the participants, shareholders, ultimate beneficial owners and/or persons having control over the Licensee, there are no residents of the Russian Federation and/or residents of the Republic of Belarus, and also that these persons and/or their managers or members of management bodies are not sanctions imposed by the governments of Ukraine, the EU and/or EU member states, the UK, and the USA apply.
  • 6.7. In case of violation by the Licensee of the guarantees specified in clauses 6.5., 6.6. of these Terms, the Licensor has the right to immediately, by sending a written message to the email address, terminate the access of the Licensee and its authorized users in accordance with the SaaS Services.
 
  1.       LIMITATIONS OF LIABILITY
  • 7.1. The Licensor warrants that it has the right to issue rights to use the Software under these Terms.
  • 7.2. The Software and SaaS Services are provided on an “as is” (AS IS) and as available (AS AVAILABLE) basis, which means the Licensee agrees that any software is not free from errors. The Licensee assumes all risk associated with the use of the Software. The Licensee confirms that it is aware of the functional properties of the relevant software. The licensee bears the risk that the software will meet its own wishes and needs, and the risk that the terms and scope of rights granted will meet its own wishes and needs. The Licensor is not responsible for software failures associated with the action of malicious programs on the Licensee's hardware or caused by its authorized users.
  • 7.3. All expenses associated with access to the Internet, payment for traffic, etc. The licensee bears the responsibility himself.
  • 7.4. Licensee is solely responsible for the content of Licensee Data (or Authorized Users) and the existence of Licensee rights to process Licensee Data using SaaS.
  • 7.5. In any case, the Licensor's liability under these Terms is limited to the amount actually paid by the Licensee under the Agreement.
 
  1.       TECHNICAL CAPABILITIES
  • Information about the technical capabilities and operating conditions of the software is recorded in the relevant technical documentation.
 
  1.       GENERAL PROVISIONS
  • 9.1. These Terms are governed by and construed in accordance with the laws of Ukraine.
  • 9.2. Licensor has the right to change these Terms from time to time. The terms of the updated version come into force with respect to the Licensee from the first day of the period determined in the next regular invoice for payment, which occurs after the publication of such updated version.
  • 9.3. By using the Software and SaaS Services, the Licensee accepts and confirms its accession to the Terms, and also confirms its agreement to exercise in good faith the rights that it receives in connection with gaining access to the Software and SaaS Services, and to strictly fulfill the obligations arising in connection with obtaining such access .
 

Appendix1

  SLA. Service Level Statement   The Licensor enters into the necessary agreements with the Hosting provider and makes reasonable efforts to ensure that the SaaS Services are available to the Licensee 24/7, except for the exceptions described below.  
  1. For the purpose of software updates, software maintenance.
  2. The date of technological work is determined 5 working days before it is carried out.
  3. During a calendar month, the Software may be unavailable for no more than 0.1% of the annual number of hours during the technology windows described below:</ span>
 
Territory Home Expiration
Ukraine Monday, 15:00       Monday, 18:00      
   
  1. Technical work related to hosting is carried out in accordance with the schedule of the provider “Hosting Ukraine” LLC. Current information about these works is on the provider’s website at the link: https://www.ukraine.com.ua/legal/sla/.
 

Appendix 2

 

Description of Software Access Services

  In addition to the SaaS Services, the Licensee must purchase Software Access Services, the cost of which is established by the Agreement and the invoice thereto.   The Software Access Services, if and when purchased, include the following services:  
  1. The Licensor or a person authorized by him fills the Software using the available capabilities of the administrative panel with data provided by the Licensee:
  •   About available residential complexes;
  •   Interior planning, information about them, costs, images and other information regarding layouts residential complexes of the Licensee;
  •   Configures fields and sales funnels in accordance with the existing business processes of the Licensee;
  •   Data from other software obtained using tools determined by the license terms and technical capabilities of such third party software.
 
  1.         The Licensor or its authorized person, at the request of the Licensee, sets up integration with:
  •   with the Ringostat or Binotel system;
  •   with the Licensee's websites;
  •   with the official pages of the Licensee on social networks Facebook and Instagram;
  •   with Sendpulse, TuboSMS services;
  •   with Internet platforms LUN and Dom.RIA.
 
  1.         Services for providing access to software include:
  •   2 (two) hours of online training in using the software for Authorized Users of the Licensee;
  •   training 1 (one) Authorized User of the Licensee to work with the administrative panel of the Software.
 
  1.         Services for providing access to the software are provided and/or must be used by the Licensee within 28 (twenty-eight) working days starting from the date of payment for the Services by the Customer, in accordance with the conditions defined by the Public Agreement.