User Agreement

1. General provisions

1.1. The following terms and definitions apply in this document and in the relations between the Parties arising from or connected with it:

a. Agreement means this document together with all additions, amendments and mandatory documents specified herein, as well as any contract concluded on its basis.

b. User means a legally capable individual who has acceded to this Agreement in their own interests or who acts on behalf and in the interests of a legal entity represented by that individual.

c. Website / Websites means any automated information system available on the Internet at network addresses within the following domains (including subdomains): ITMSFT.COM, ITMSFT.NET, KORZINA.IN

d. Mobile Application means a computer program intended to be installed and used on a Device and enabling the User to access the Service through a communications network.

e. Application means computer programs and/or databases, including a Website and a Mobile Application, intended to provide access to the Service through a Device for informational purposes.

f. Device means a personal computer, tablet, mobile telephone, communicator, smartphone or any other device that allows the Application and/or Service to be used for their functional purpose.

g. Service means a set of services provided to the User through the Application.

h. Content means images, text, audio and video materials and other objects of copyright and/or related rights, as well as information and messages of any kind that are not such objects.

i. CLAIM means a unified registration and authorisation system for Applications using an identifier assigned to the User of the Service or in other information systems determined at the sole discretion of the Service.

j. Personal Account means the personal section of the Application to which the User gains access after registration and/or authorisation in the Application. The Personal Account is intended for storing the User’s personal data, viewing and managing the available functionality of the Application and the corresponding terms of use of the Application.

1.2. This Agreement may use other terms and definitions not specified in clause 1.1 of the Agreement. In such a case, the term shall be interpreted in accordance with the text of the Agreement. If a term or definition is not interpreted unambiguously in the text of the Agreement and other documents forming a contract under the terms of the Agreement, its interpretation shall be governed first by the laws of Ukraine and subsequently by business customs and legal doctrine.

1.3. Your use of the Application and/or the Service provided through it in any manner and in any form within their stated functionality and purpose, including:

• registration and/or authorisation in the Application using CLAIM;
• viewing Materials posted in the Application;
• posting or displaying any Content in the Application;

1.4. This Agreement and the mandatory documents specified herein set out the principal terms for using the Applications, including any development thereof and/or addition of new functionality.

1.5. A mandatory condition for using the Application and receiving the Service provided through it is the User’s full and unconditional acceptance of the terms of the following documents (referred to in this Agreement as the “mandatory documents”):

1.5.1. The Rules of the Website and the Mobile Application of the same name, posted on the pages of the relevant Website and governing the use of the functionality of the Website and the related Application;

1.5.2. The Privacy Policy

1.6. The provision of Services is governed by this Agreement and by documents additionally adopted on its basis (referred to in this Agreement as an “additional document”), which are published by the Service on the pages of the Websites to which they relate and may govern particular aspects of using a specific Service.

1.7. If this Agreement conflicts with the terms of use of any individual Service set out in an additional document, the terms of use of the relevant Service established by the additional document relating to it shall prevail.

1.8. The Agreement, including the mandatory documents related to it, may be amended by ITMSFT Group without any special notice. A new version of the Agreement and/or the mandatory documents specified herein takes effect when it is posted on the Website or otherwise communicated to the User in a convenient form, unless the new version of the Agreement and/or the mandatory documents specified herein provides otherwise.

1.9. By using any of the options specified in clause 1.3, you confirm that you:

a) Have read the terms of this Agreement and the documents specified herein that are binding upon the Parties in full before beginning to use the Application and/or the Service provided through it.

b) Accept all terms of this Agreement and the documents specified herein that are binding upon the Parties in full, without any exclusions or restrictions on your part, and undertake to comply with them or discontinue use of the Service. If you do not agree to the terms of this Agreement and the documents specified herein that are binding upon the Parties, or if you are not entitled to enter into a contract on their basis, you must immediately discontinue all use of the Application and the Service provided through it.

1.10. The current version of the Agreement is published at https://itmsft.net/user-agreement/

2. General terms of use of the Application

2.1. Viewing Content made publicly available in the Application does not require mandatory registration and/or authorisation of the User.

2.2. Any other use of the Application’s functionality, including use of the Services, is permitted only after the User has registered and been authorised in the Application in accordance with the rules established by ITMSFT Group.

2.3. The list of Application functions that require prior registration and/or authorisation, as well as acceptance, where necessary, of additional documents governing use of the Services, is determined at the sole discretion of ITMSFT Group and may change from time to time.

2.4. Once registration using CLAIM has been completed, a unique account linked to the User’s Personal Account in the Application is created. This account is required to use most functions of the Applications and the Services based on them without the User having to register separately in each individual Application.

2.5. When registering, the User undertakes to provide accurate and complete information about themselves in response to the questions in the registration form and to keep this information up to date. If the User provides incorrect information, or if ITMSFT Group has grounds to believe that information provided by the User is incomplete or inaccurate, ITMSFT Group may, at its discretion, block or delete the User’s account and deny the User access to the Applications and related Services in full or in part.

2.6. ITMSFT Group reserves the right at any time to require the User to confirm the information supplied during registration and, in this connection, to request supporting documents (in particular, identity documents). Failure to provide such documents may, at the discretion of ITMSFT Group, be treated as the provision of inaccurate information and result in the consequences stipulated in clause 2.5 of the Agreement. If the User’s details in the documents supplied by the User do not correspond to those provided during registration, or if the details provided during registration do not make it possible to identify the User, ITMSFT Group may apply the measures specified in clause 2.5 of the Agreement.

2.7. Information about the User contained in the User’s account and Personal Account is stored and processed by ITMSFT Group in accordance with the Privacy Policy.

2.8. During registration, the User independently chooses a login (the unique character name of the User’s account) and a password for access to the Personal Account. The User may subsequently change the password using the Application’s software tools available in the Personal Account. ITMSFT Group may prohibit the use of certain logins and establish requirements for logins and passwords (length, permitted characters, etc.).

2.9. A registered User independently determines how to use the Personal Account and other functions of the Application, including the terms of use of the relevant Service, which, however, may under no circumstances conflict with this Agreement, subject to the exceptions established by additional documents.

2.10. The procedure and consequences of the User’s use of their login and password are set out in section 6 of this Agreement.

3. Restrictions on use of the Application

By accepting the terms of this Agreement, you understand and acknowledge that:

3.1. ITMSFT Group may establish limits and restrictions on the use of the Applications and Services based on them for all Users or for individual categories of Users (depending on the User’s location, the language in which the Service is provided, etc.), including the availability or absence of individual functions, the maximum storage period for information and data, specific parameters for uploaded information, and so on.

Information about established restrictions will be communicated to Users in a form and manner determined at the sole discretion of ITMSFT Group.

3.2. Unless otherwise provided by additional documents governing the use of an individual Service:

3.2.1. The User uses the Application at their own risk. The Services are provided “as is”. ITMSFT Group assumes no liability whatsoever, including for whether the Application and the Service based on it are suitable for the User’s purposes;

3.2.2. ITMSFT Group does not warrant that: the Applications and/or Services meet the User’s requirements when the Agreement is accepted or will continue to meet them thereafter; the Services will be provided without interruption, promptly, reliably and without errors; results obtained through the Applications will be accurate and reliable and may be used for any purpose or in any capacity (for example, to establish and/or confirm any facts); or the quality of any product, service, information or Content obtained through the Services will meet the User’s expectations;

3.2.3. Any information and/or materials (including downloaded software, messages, instructions or guidance of any kind, etc.) to which the User gains access through the Applications may be used by the User at their own risk. The User is solely responsible for any consequences of using such information and/or materials, including any damage this may cause to the User’s computer or to third parties, any loss of data, or any other harm;

3.2.4. Because the Applications and the Services based on them are continually being supplemented and updated, the form and nature of the functionality of the Applications and the Services provided may change from time to time without prior notice to the User. Where necessary, ITMSFT Group may, at its own discretion, discontinue (temporarily or permanently) the provision of the Services (or any individual functions within the Services) to all Users generally or to an individual User, including without prior notice;

3.2.5. ITMSFT Group shall not be liable for any type of loss arising from the User’s use of the Applications and/or the Services based on them;

3.3. If a person registers as a User on behalf of a company that has authorised that person to do so, this means that the company accepts the Agreement and undertakes to protect ITMSFT Group, its subsidiaries, management, agents and employees against any claims, actions and proceedings connected with the use of the Applications and/or the Services based on them, and against any liability, including financial liability, in respect of claims, losses, damage, actions, proceedings, legal costs and attorneys’ fees.

3.4. ITMSFT Group is in no way connected with Content provided and/or posted (including broadcast) by Users in the Application and does not verify the content, authenticity or safety of such Content or its components, their compliance with applicable law, or whether Users possess sufficient rights to distribute and/or use it.

3.5. The User is solely responsible for ensuring that the Content they post complies with applicable law, including liability to third parties where the posting or substance of such Content infringes the rights and legitimate interests of third parties, including authors’ personal non-property rights and other intellectual property rights of third parties, and/or encroaches upon intangible benefits belonging to them.

3.6. The User agrees that ITMSFT Group is not required to conduct a preliminary review of any Content posted and/or distributed by the User through the Applications, and that ITMSFT Group has the right (but not the obligation), at its discretion, to refuse to allow the User to post and/or distribute such Content or to remove any Content accessible through the Applications. The User understands and agrees that they must independently assess all risks connected with posting and distributing such Content, including its reliability, completeness or usefulness.

3.7. In particular, when using the Applications, the User may not:

3.7.1. upload, send, transmit or otherwise post and/or distribute information that is unlawful, harmful or defamatory, offends morality, depicts or promotes violence and cruelty, infringes intellectual property rights, promotes hatred and/or discrimination against people based on race, ethnicity, sex, religion or social status, contains insults directed at any individuals or organisations, contains or promotes pornography or child erotica, advertises or promotes services of a sexual nature (including under the guise of other services), or explains how to manufacture, apply or otherwise use narcotic substances or their analogues, explosives or other weapons;

3.7.2. infringe the rights of third parties, including minors, and/or cause them harm in any form;

3.7.3. impersonate another person or a representative of an organisation and/or community without sufficient authority, including impersonating employees of ITMSFT Group; use any other form or method of unlawful representation of other persons on the Internet; or mislead users or ITMSFT Group as to the properties and characteristics of any persons or objects;

3.7.4. upload, send, transmit or otherwise post and/or distribute Content without having the right to take such actions under applicable law or any contractual relationship;

3.7.5. upload, send, transmit or otherwise post and/or distribute advertising information that has not been specifically authorised, spam (including search-engine spam), lists of other persons’ email addresses, pyramid schemes, multi-level or network marketing (MLM), online earning systems and email businesses, chain letters, or use the Applications to participate in any of these activities;

3.7.6. collect and store other persons’ personal data without authorisation;

3.7.7. interfere with the normal operation of the Applications

3.7.8. post links to Internet resources whose content conflicts with the applicable laws of Ukraine;

3.7.9. facilitate actions aimed at breaching the restrictions and prohibitions imposed by the Agreement;

3.7.10. otherwise violate the law, including rules of international law.

3.8. If an infringement of rights and/or interests is discovered in connection with the use of the Applications, including the posting of improper Content by another User, ITMSFT Group should be notified by written notice setting out the circumstances of the infringement in detail and providing a hyperlink to the Application page containing the materials that infringe the relevant rights and/or interests.

3.9. If third parties assert claims concerning an infringement by a particular User of any property and/or personal non-property rights of third parties, or of prohibitions or restrictions imposed by law, that User shall, at the request of ITMSFT Group, undergo formal identification by providing ITMSFT Group with a notarised undertaking to resolve the claims independently and at their own expense and stating their passport details.

3.10. If ITMSFT Group is held liable or subjected to a penalty in connection with the User’s infringement of the rights and/or interests of third parties or of prohibitions or restrictions imposed by law, that User shall fully compensate ITMSFT Group for its losses.

3.11. In the event of repeated or serious violation of this Agreement and/or legal requirements, ITMSFT Group may block or delete the User’s account, prohibit access through the account to specific Applications and/or Services, and remove, without prior notice, any information specified by the User in the Personal Account or any Content posted by the User.

4. Intellectual property rights

4.1. All objects accessible through the Applications, including design elements, text, graphic images, illustrations, videos, computer programs, databases, music, sounds and other objects posted within the Applications, are subject to the exclusive rights of ITMSFT Group, Users and other rights holders.

4.2. ITMSFT Group grants the User the right to use the Application functionally within the limits of its general functionality.

4.3. Use of the Application in any other manner, including copying (reproducing) Content posted in the Application or design elements, computer programs and databases forming part of the Application, decompiling or modifying them, and subsequently distributing them, displaying them publicly or making them available to the public, is strictly prohibited unless otherwise provided by this Agreement.

4.4. The User may not reproduce, repeat, copy or sell any part of the Applications (including Content accessible to the User through the Applications), use any part of them for any commercial purpose, or commercially use access to them, except where the User has obtained permission from ITMSFT Group or where this is expressly permitted by additional documents governing use of an individual Service.

4.5. The User may use the Applications and Content posted in them for personal, non-commercial purposes provided that all copyright and related-right notices, trademarks and other authorship notices are retained, the author’s name (or pseudonym) or the rights holder’s name remains unchanged, and the relevant object itself remains unchanged. Exceptions are cases expressly provided by the laws of Ukraine or by additional documents governing use of an individual Service.

4.6. The Applications may contain links to websites on the Internet (third-party websites). ITMSFT Group does not check those third parties or their content for compliance with any requirements, including accuracy, completeness or lawfulness. ITMSFT Group is not responsible for any information or materials posted on third-party websites to which the User gains access in connection with the use of the Applications, for the availability of such websites or information, or for the consequences of the User’s use thereof.

4.7. A link, in any form, to any website, product, service or information of a commercial or non-commercial nature posted within the Applications does not constitute an endorsement or recommendation of such products, services or activities by ITMSFT Group, except where ITMSFT Group expressly states otherwise.

4.8. By accepting the terms of this Agreement, the User grants ITMSFT Group, free of charge, a simple (non-exclusive) licence to use the Content in the following ways:

• to reproduce the Content, meaning to make one or more copies of the Content in any tangible form and to record it in the memory of an electronic device (right of reproduction);
• to distribute copies of the Content, meaning to provide access to Content reproduced in any tangible form, including by network and other means, and by sale, rental, lease or lending, including importation for any of these purposes (right of distribution);
• to display the Content publicly (right of public display);
• to perform the Content publicly (right of public performance);
• to communicate the Content in such a way that any person may access it interactively from any place and at any time of their choosing (right of making available to the public);
• to modify the Content, meaning to alter or otherwise adapt it, including translating the Content from one language into another (right of adaptation);
• to transfer all or part of the rights received to third parties (right to sublicense).

4.9. The specified simple (non-exclusive) licence to use the Content is granted to ITMSFT Group at the same time as the Content is added to the Application, for the entire term of the exclusive rights in the objects of copyright and/or related rights forming such Content, and for use in every country of the world.

4.10. The User warrants that they have the right to dispose of the Content under the terms of the above licence to the extent required.

5. Notices

5.1. ITMSFT Group may send informational electronic messages (the “notifications”) about important events taking place within or in connection with the Application to the email address specified by the User in their Personal Account.

5.2. Among other things, notifications may be used to inform the User of restrictions on access to the Application and/or Service due to maintenance work, violations by the User, or changes to the functionality of the Application or the content or terms of provision of the Service, including amendments to the Agreement and the mandatory and additional documents.

5.3. ITMSFT Group may, at its discretion, use notifications to distribute advertising for its own services and for third-party products or services.

6. Agreement on the use of electronic signatures

6.1. Electronic documents certified by a simple electronic signature may be used in relations between ITMSFT Group and the User.

6.2. A simple electronic signature means an electronic signature which, through use of the User’s login and password or the User’s email address specified in the Personal Account (the electronic signature key), confirms that the electronic signature was created directly by the User.

6.3. By agreement of the Parties, electronic documents signed with a simple electronic signature are recognised as equivalent to paper documents bearing a handwritten signature.

6.4. ITMSFT Group identifies the User corresponding to a simple electronic signature by the login and password used by the User and specified during registration and/or authorisation in the Application where any action involving use of the Service is performed, or by the email address used by the User where ITMSFT Group receives messages from that address.

6.5. Any actions performed using the simple electronic signature of a particular User are deemed to have been performed by that User.

6.6. When the User places an order for access to the Service using the software tools in their Personal Account or sends ITMSFT Group an email from the address specified in the Personal Account, this constitutes the User’s signing of the relevant electronic document with a simple electronic signature and confirms the User’s intention to enter into a contract on the terms specified in the relevant additional documents governing use of that Service.

6.7. The User undertakes to keep the electronic signature key confidential. In particular, the User may not disclose their login and password or provide third parties with access to their email, and is fully responsible for safeguarding and individually using them, independently choosing how to store them and restrict access to them.

6.8. In the event of unauthorised access to the login and password, their loss or disclosure to third parties, the User shall immediately notify ITMSFT Group by sending an email from the email address specified in their Personal Account.

6.9. If the User loses access to, or unauthorised access occurs to, the email account whose address is specified in the Personal Account, the User shall immediately replace that address in the Personal Account with a new one and notify ITMSFT Group of this fact by sending an email from the new email address.

Sole Proprietor Yurii Ihorovych Ostiuchenko

3361811230

+380487063848

Ukraine, 67804, Lymanka village, 1 Hranitna Street, office 42n

mail@itmsft.net