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Terms of access and use

These Terms of Access and Use (hereinafter referred to as the “License Agreement”, “License Agreement”, “Agreement”) are a public offer to enter into a license agreement between Voopty Inc,  SR 20233354485, registration number 7643099 from 28.08.2023, EIN 38-4281883 (hereinafter referred to as the “Licensor”, “Voopty CRM”) and any individual, individual entrepreneur or legal entity (hereinafter referred to as the “Client”), which, together with the Privacy Policy, regulates the procedure for accessing and using the Licensor’s software (Service) by the Client and the provision of services specified in this Agreement. The subject matter of this Agreement is to provide Voopty CRM with access to and the right to use the Service, which provides automated administration and optimization of a set of online order processing processes, subject to all restrictions and conditions of use of the Service in accordance with the functionality and terms of this Agreement.

This Agreement contains all the essential terms and conditions of the License Agreement and in accordance with Articles 638, 641, 642 of the Civil Code of Ukraine, in case of acceptance of all the following terms and conditions and payment for services, the Client becomes a person who has accepted the terms of this offer (who has accepted the offer), which is equivalent to concluding an agreement on the terms specified in this Agreement (offer). If any of the terms and conditions set forth in this Agreement are not accepted by a person who intends to use the Service, such person shall not be entitled to use the Service provided under this Agreement.

By registering for the use of the Service, the Client and the persons who will be granted access to their account by the Client, the Administrator/User agrees to comply with the terms of this Agreement.

Definition of terms

Service – services and products (software) provided through the website located at: https://www.voopty.com.ua/ and https://landing.voopty.com.ua/, https://biz.voopty.com/.

User means an individual who has access to the Service provided by the Client or the Administrator.

Client – an individual, self-employed person, entrepreneur, legal entity that pays for the services and is the owner of the account.

Administrator – a natural person appointed by the Client as the main administrative contact for making decisions related to the management of the Service, disconnections from the Service, resolving other technical issues, authorized by the Client, administering access to the Service, as well as appointing additional administrators/users. The first person registered in the Service by the Client is appointed as the Administrator.

Account Data means information stored by the Licensor that allows to identify the Client, User, Administrator and is necessary for the management and use of the Service. The Account Data does not contain information uploaded (stored) by the Client/Administrator/User regarding their contacts, projects, tasks, events or other similar data, etc.

Content means any information and materials that the Client (through the Administrator/User) uploads or publishes in the Service.

Confidential Information means any information transmitted by the Client, its Administrator and/or Users, including information entered into the Service by any possible means, as well as information of Voopty CRM that is considered its property or trade secret, directly or indirectly, in any form disclosed by the parties after the entry into force of this Agreement.

Account means a record in the Licensor’s system that stores data that allows to identify the Administrator/User.

Technical support – a set of measures that can be carried out by Voopty CRM within the limits and scope established by it in order to ensure the functioning of the Service, including information and consulting support on the use of the Service.

Terms of use of the service. Security and access

1.1. Only registered Clients may use the Service. To access the Service, persons must provide their full name, valid e-mail address and other information required for registration.

1.2. For registration, the Client undertakes to provide true and complete information about himself/herself and the Administrators/Users on the issues proposed in the registration form and to keep this information up to date. When registering, the Client shall indicate his/her name, which will be used to access the Service. If the Client/Administrator provides incorrect information or Voopty CRM has reason to believe that the information provided by the Client is incomplete or false, Voopty CRM has the right, at its sole discretion, to block or delete the Client/Administrator/User account, as well as to prohibit the Client/Administrator/User from using the Service.

1.3. Voopty CRM reserves the right at any time to require the Client/Administrator to confirm the data specified during registration and to request relevant documents in this regard, the failure to provide which, at the discretion of Voopty CRM, may be equated to providing false information and cause the consequences provided for in clause 1.2 of this Agreement.

1.4. When registering, the Client indicates his/her phone number and e-mail address, which is further used as a login to access the Service and independently chooses a login (a unique symbolic account name) and password to access the account. Voopty CRM has the right to prohibit the use of certain logins, as well as to set requirements for the login and password (length, valid characters, etc.).

1.5. The Client/Administrator/User is solely responsible for the security (resistance to guessing) of the password they choose, as well as for the confidentiality of their password.

1.6. Each Client is provided with a unique access identifier to the Service. The Client shall ensure that each name of the Administrator, User is used only by the Client (in the Client’s activities) and is not used by other persons.

1.7. The Administrator shall have the authority to administer and use the Service on behalf of the Client, and shall have the right to grant access to additional Administrators/Users. The Administrator has the right to disable the User if the Administrator (or the Client) wishes to terminate access to the Service of this User.

1.8. In the event of termination of the Service, Voopty CRM shall contact the Client only to delete the relevant account data and provide the opportunity to download the Content.

1.9. Voopty CRM provides access to the Service only through the web interface in compliance with the provisions of this Agreement.

1.10. Voopty CRM uses a secure method of authentication and access to the Service, in particular by:

a) managing user passwords and password protection using smart password management programs;

b) transmission of passwords in encrypted form.

1.11. The Client is responsible for the protection of usernames and passwords or other codes related to the Service, as well as for the compliance of the Content with the requirements of the Law.

1.12. The Client undertakes to comply with the policies and procedures for preventing unauthorized use of the username and password and immediately notifies Voopty CRM of suspected loss of passwords or their unauthorized use by third parties.

1.13. Voopty CRM shall notify the Client of any actions/events that, in the opinion of Voopty CRM, may lead or have led to unauthorized access, disclosure, use or damage to the Client’s Content.

1.14. In the event of a breach of security and the procedure for authenticating access to the Service, Voopty CRM shall cooperate with the Client to determine the causes of the breach and identify the altered Content, as well as assist the Client in investigating and preventing a repeated breach.

1.15. Voopty CRM takes measures to protect the Content and its reliable storage, taking into account technological development and the cost of implementing such measures.

1.16. The Client (Administrator, Client’s users) undertakes not to carry out independently and not to allow other persons to carry out the following activities

  •  provide access to the Service (Service) for rent, lease or temporary use;
  • use the Service by broadcasting it on websites, both commercially and non-commercially; make modifications to the Service, its design and appearance;
  • create conditions for the use of the Service by persons who do not have personal rights to access and use the Service, except for the Client’s Users;
  • to release (publish) any fragments and components of the Service, including providing other persons with the opportunity to copy them;
  • try to circumvent the technical limitations of the Service;
  • transfer the rights to use the Service to third parties.

1.17. API Access. Voopty CRM provides API access; however, this feature is available exclusively on the Whitelabel plan. Other plans do not support API access.

1.18. Payment for Active Users. The Client is charged for active users (users who attended at least one lesson per month) at a rate of 0.5 cents per user per month. The minimum monthly service fee is $250. The number of active users can be checked in the statistics section at the bottom, under “clients who attended at least one lesson per month.”

License terms and conditions

2.1. The Service is the result of intellectual activity and the object of copyright and intellectual property rights of Voopty CRM, which are regulated and protected by the legislation of Ukraine on intellectual property and international law.

2.2. The algorithms of the Service and its source codes (including parts thereof) are the trade secrets of Voopty CRM. Any use of them or use of the Service in violation of the terms of this Agreement shall be considered a violation of Voopty CRM’s rights and shall be sufficient grounds for depriving the Client of the rights granted under this Agreement and for proceedings in accordance with the current legislation of Ukraine.

2.3 Voopty CRM guarantees that it has all the rights necessary under this Agreement to provide them to the Client, including the documentation for the Service.

2.4. The Client is granted a non-exclusive, non-transferable, limited license to access and use the Service. The Client is granted the right to post his Content and use the functionality of the Service in the amount determined by the selected tariff.

2.5. Voopty CRM does not review or verify the Content posted by the Client, and does not acquire any rights, including intellectual property rights, to the Client’s content.

2.6. The Client undertakes to familiarize the Administrators/Users with the content of this Agreement and ensure their compliance with its provisions. The Client shall be responsible for the actions/inactions of the Administrators/Users while using the Service, including disclosure/deletion of the Content and disclosure/dissemination of confidential information.

2.7. The Client shall not copy, resell or in any other way reproduce or alienate the Service. The Client/Administrators/Users undertake not to use access to the Service or any part of the Service, except for the Client’s own (internal) activities.

2.8. This Agreement does not grant the Client (Administrators, Users) any right to use any trademarks, logos, domain names and other objects of exclusive rights used by Voopty CRM when offering the Service. The Client undertakes to use the Service in such a way as not to disseminate information that is untrue and that may cause a false impression of the owner of the Service or the services and products provided by Voopty CRM through the website located at: https://www.voopty.com.ua/ and https://landing.voopty.com.ua/, https://biz.voopty.com/.

2.9. The Client shall not upload, publish, transmit, store, distribute through the Service (or directly to the Service) viruses, computer programs that reproduce themselves and contain any destructive codes, viruses or other malicious software.

2.10. Except for this non-exclusive license granted hereunder, the Client acknowledges and agrees that all title, exclusive and other rights in and to the Service belong to Voopty CRM. The Client is authorized to use the Service exclusively through the website https://www.voopty.com.ua/ and https://landing.voopty.com.ua/, https://biz.voopty.com/.

2.11. Voopty CRM reserves the right at any time, at its sole discretion, to take any action it deems necessary with respect to Content that violates the terms of this Agreement, including its removal.

2.12. Voopty CRM reserves the right to add, modify or discontinue, temporarily or completely, any functionality of the Service at any time, with or without notice to the Client, unless Voopty CRM makes changes that significantly reduce the functionality of the Service. In the latter case, Voopty CRM will send the Client a thirty (30) day notice and the Client has the right to terminate this Agreement.

2.13. Voopty CRM reserves the right to temporarily suspend access to the Service for the purpose of maintenance, repair or installation of updates. Voopty CRM will send a notification at least 3 (three) business days prior to the suspension of the relevant access. Voopty CRM has the right to temporarily suspend access to the Service under conditions that require urgent action to protect the Service. Voopty CRM shall use all reasonable means and methods to minimize the effect of the suspension of the Service.

2.14. The Client has the right to regularly store all its Content on third-party and self-selected services (cloud, local, etc.), using appropriate technical means and tools, without violating the intellectual property rights of Voopty CRM.

Payment, change of access rights and use of the service

3.1. The Client shall pay for the use of the Service under the conditions set forth below.

3.2. All payments include VAT, provided that it is included in the invoice.

3.3 Payment for access and the right to use the Service is made by the Client in a cashless manner by transferring funds to the payment system or details of Voopty CRM.

3.4. If the Client (payer) is an individual or self-employed person, entrepreneur or legal entity, payment for access and use of the Service is made through payment systems.

3.5. The amount of payment for access and use of the Service offered by Voopty CRM depends on the amount of services consumed according to the tariff on the website https://landing.voopty.com.ua/tariffs/.

3.6. The fee for using the Service is charged to the Client on a monthly basis, on the 1st day of each month. All payments are non-refundable, except as provided for in clause 3.10. of this Agreement.

3.7. In case of non-payment of the fee for using the Service within 1 (one) calendar day with a negative balance, Voopty CRM blocks access to the Service until payment is made. The moment of payment is the crediting of funds to the Voopty CRM balance.

3.8. In addition to the fee for using the Service, the Client may incur additional costs associated with access to the Service, including, but not limited to, fees for Internet access, data roaming, etc.

3.9. Voopty CRM has the right to unilaterally change the cost of the Tariffs for granting the right to access and use the Service by posting (publishing) such changes on https://www.voopty.com.ua/ or https://landing.voopty.com.ua/ or https://biz.voopty.com/. Such changes shall come into force from the moment of their publication, unless another term and procedure for the entry into force of such changes are specified at the time of their publication. In the event of a change in the cost of the Tariffs for granting the right to access and use the Service, Voopty CRM shall notify the current customers of the Service of such changes 30 (thirty) calendar days in advance by sending a letter to the Customer’s e-mail or notifying through personal accounts.

3.10. In case the Service is unavailable due to the actions or inaction of Voopty CRM, the fee for using the Service (monthly or annual) will be recalculated and the Client will be provided with an additional period of using the Service in proportion to the period when the Service was unavailable.

Term of the Agreement and termination of the right to access and use the Service

4.1 The term of this Agreement starts from the moment of acceptance of this offer and is valid until the use of the Service is terminated at the end of the relevant period or on other grounds provided for by the Agreement. Acceptance is the payment.

4.2. Either party to this Agreement may terminate it at any time by written notice to the other party in case of a material breach of this Agreement.

4.3. Voopty CRM has the right, in case of violation of the terms of this Agreement by the Client, to unilaterally terminate this Agreement by notifying the Client one business day prior to the expected date of such termination, without further payment of any compensation to the Client related to the said termination.

4.4. If the Client intends to cancel the right to access and use the Service or cancel the account, the Client (or the Administrator) may do so on their own behalf at any time using the relevant functions of the Service. Termination of the right to access and use the Service or cancellation of the account in any other way is not allowed.

4.5. The Client must delete all of its Content from the Service prior to termination of this Agreement. Voopty CRM deletes or destroys all Content stored in the Service 14 (fourteen) calendar days after termination of the Agreement or termination of the right to access and use the Service. Voopty CRM does not undertake to notify Clients of the deletion of their Content after termination of the Agreement or the right to access and use the Service. Voopty CRM shall not be liable to the Client or any Users for the removal of Content in accordance with this Agreement.

4.6. In the event of termination of the Service for any reason, the Client will have 14 (fourteen) days to transfer the Content to another location before it is deleted. Voopty CRM may provide the Client with access to its Content after termination of the Agreement or termination of the right to access and use the Service on a paid basis.

Confidential information. Protection of personal data

5.1. Each party agrees to recognize all Confidential Information as confidential – not to use or disclose it except as necessary to fulfill this Agreement.

5.2. The Client, who within the meaning of the Law of Ukraine “On Personal Data Protection” acts as the Owner of personal data or the Recipient or the Manager of contacts (employees, clients, customers, etc.) – subjects of personal data and Voopty CRM undertake to comply with the requirements of the said Law on the processing of personal data (in particular, through information (automated) systems).

5.3. By accepting this Agreement, the Client guarantees that it has all legal grounds to collect, register, accumulate, store, adapt, modify, update, use and distribute (publish, transmit), depersonalize, destroy personal data and other information that constitute the content of the Content using the Service.

5.4. Voopty CRM takes actions to ensure the safety and non-distribution of personal data and to prevent unauthorized processing, loss or destruction. Voopty CRM will act only on behalf of the Client in relation to personal data processed by Voopty CRM.

Responsibility

6.1. Violation of the terms of this Agreement shall be punishable under the laws of Ukraine.

6.2. Voopty CRM shall not be liable to the Client/Administrators/Users for any damages, any loss of income, profit, information or savings related to the use or inability to use the Service, including in case of prior notice from the Client/Administrators/Users of the possibility of such damages, or for any third-party claim.

6.3. Voopty CRM shall be exempt from liability for non-performance or improper performance of this Agreement if it occurred as a result of external circumstances and/or actions (inaction) of third parties, (circumstances and actions/inaction) are beyond the control and/or fault of Voopty CRM.

Technical support

7.1. Voopty CRM provides Technical Support to Clients/Administrators/Users, including issues related to functionality, features of operation on standard configurations, supported operating and other systems of the Service.

7.2. The Client/Administrators/Users have the right to contact the Voopty CRM technical support service without paying additional fees.

7.3. To provide technical support, Voopty CRM has the right to require the Client/Administrators/Users to provide information about account data and/or data from third-party services that are integrated with the Voopty CRM system.

7.4. Technical support for Customers with active access to the Service is provided in the chat within the program, by phone, e-mail support@voopty.com or in Telegram: https://t.me/vooptysupport.

Other terms and conditions

8.1. Each party agrees to fulfill this Agreement in accordance with the laws of Ukraine. All disputes, directly or indirectly, that may arise out of this Agreement shall be resolved in accordance with the current legislation of Ukraine.

8.2. The Client undertakes to indemnify Voopty CRM for any losses that may arise as a result of the Client’s (its Administrators or Users) violation of the obligations set forth in this Agreement. Voopty CRM shall immediately notify the Client of any claim or damage that directly or indirectly has as its subject matter the violation by the Client (its Administrators, Users) of the obligations set forth in this Agreement. The Client undertakes to assist Voopty CRM in defending against any claims, lawsuits, complaints received from third parties if they arose as a result of the Client’s (its Administrators or Users’) violation of the obligations set forth in this Agreement.

8.3. The Service may be incompatible with the Client’s computer or other equipment. Voopty CRM does not guarantee any results that the Client intends to achieve (obtain) by using the Service.

8.4. This Agreement constitutes the entire agreement between Voopty CRM and the Client and governs the Client’s use of the Service, superseding any prior agreements between the Parties (including previous versions of the Agreement).

8.5. Voopty CRM has the right to involve third parties to maintain the Service, while remaining within the framework of this Agreement, responsible to the Client for the actions of the involved parties.

8.6. Neither Party to this Agreement may transfer (assign) any of its rights or obligations to third parties without the prior written consent of the other Party, except in the case of merger or reorganization, if the buyer (newly created entity) has agreed to comply with this Agreement.

8.7. Voopty CRM may provide an opportunity to integrate the Service with third-party products at the Client’s choice and risk. In this case, Voopty CRM is not responsible for the consequences of such integration. Voopty CRM has the right to change or terminate the integration of the Service with other services and products of third-party suppliers without prior notice to the Client.

8.8. Service unavailability (within the meaning of clause 3.10 of this Agreement) means any period of time exceeding 60 minutes during which the Client/Administrator/User cannot access the Service due to a service failure, except for planned downtime.

8.9. On all issues not regulated by this Agreement, the Client and Voopty CRM shall be governed by the current legislation of Ukraine.

8.10. Voopty CRM has the right to change the terms of this Agreement unilaterally by posting the amended text on the Internet at https://www.voopty.com.ua/, https://landing.voopty.com.ua/ or https://biz.voopty.com/. In case Voopty CRM makes changes to the terms of this Agreement, they shall enter into force upon publication, unless another term and procedure for the entry into force of such changes to this Agreement is specified in their publication.

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