Approved on April 2, 2020
Kyiv, Ukraine LLC "METEOTREK"1. TERMS AND DEFINITIONS
1.1. SUBSCRIBER - an individual who has entered into a contract of public offer for the "METEOTREK" system with the PERFORMER and receives services under this contract.
1.2. PERFORMER - Limited Liability Company "METEOTREK," registered at 03061, Kyiv, Vydradny Avenue, 103, office 606, official website: www.meteotrek.ua
1.3. "METEOTREK" SYSTEM (hereinafter referred to as the SYSTEM) - a software and hardware complex that allows the SUBSCRIBER to obtain information about the state of EQUIPMENT and its surrounding environment by connecting to the Internet.
1.4. EQUIPMENT - hardware telemetry devices that allow remote measurements and data collection on weather conditions, with subsequent transmission to the SERVER.
1.5. SERVER - a set of software and hardware tools designed for collecting, processing, and storing DATA received from EQUIPMENT, with subsequent provision of data to the SUBSCRIBER through the WEB APPLICATION or API.
1.6. WEB APPLICATION - software provided on the terms of WEB access, through which the SUBSCRIBER has the opportunity to access DATA stored on the SERVER via the Internet.
1.7. API - a set of special algorithms located on the SERVER that allows SUBSCRIBERS to directly access DATA without using the WEB APPLICATION.
1.8. DATA - a set of indicators sent by EQUIPMENT and stored on the SERVER.
1.9. SERVICE (Meteorological Monitoring Service) - providing the SUBSCRIBER access to DATA via the Internet and the WEB APPLICATION or API.
1.10. SUBSCRIPTION FEE - a fixed regular payment determined by the PERFORMER in the TARIFF PLAN, paid by the CUSTOMER for the services provided by the PERFORMER.
1.11. SHARING - the activation by the SUBSCRIBER of the function of sharing DATA from their own EQUIPMENT with other SUBSCRIBERS of the SYSTEM.
1.12. SUBSCRIPTION - connecting to DATA sent to the SERVER by EQUIPMENT belonging to third parties who have previously activated the SHARING function.
1.13. TARIFF PLAN - a table of correspondence of the list of SERVICES to their cost, approved by the PERFORMER on the official website and in Appendix No. 1 to this Agreement.
1.14. LOGIN - the active email address of the SUBSCRIBER, with which the SUBSCRIBER registers and subsequently authorizes in the WEB APPLICATION or API. By providing this email address, the SUBSCRIBER agrees to receive emails from the PERFORMER regarding the operation of the SYSTEM.
1.15. PASSWORD - a unique sequence of characters created by the SUBSCRIBER during registration in the WEB APPLICATION to access DATA. The PASSWORD can be changed by the SUBSCRIBER independently at any time using the WEB APPLICATION.2. GENERAL PROVISIONS
2.1. The terms of this Agreement are determined by the PERFORMER independently in accordance with the current legislation of Ukraine.
2.2. This Agreement of public offer is automatically concluded with every individual (legal or natural) who wishes to enter into it by the SUBSCRIBER's consent to the terms of this Agreement during registration in the WEB APPLICATION.
2.3. The Agreement becomes mandatory for the PERFORMER after being posted on the PERFORMER's official website. For the SUBSCRIBER, the Agreement becomes mandatory after registration in the WEB APPLICATION by creating a LOGIN and PASSWORD.
2.4. The Agreement relates exclusively to the use of the "METEOTREK" SYSTEM and the provision of SERVICES and does not relate to the operation of the SUBSCRIBER's EQUIPMENT.3. RIGHTS AND OBLIGATIONS
3.1. Rights of the PERFORMER:
3.1.1. To terminate the provision of the SERVICE to the SUBSCRIBER in case of any arrears under this Agreement by restricting access to DATA or the SYSTEM.
3.1.2. To update the functionality of the SYSTEM without prior agreement with the SUBSCRIBER.
3.1.3. To change the cost of the SUBSCRIPTION FEE and the content of TARIFF PLANS by informing the SUBSCRIBER through the WEB APPLICATION, the official website (https://www.meteotrek.ua
) and sending information to the SUBSCRIBER's email, which is used as the LOGIN, no later than 30 (thirty) days before the effective date of these changes.
3.2. Obligations of the PERFORMER:
3.2.1. After the SUBSCRIBER's registration in the SYSTEM, to provide the SUBSCRIBER with access to the SYSTEM through the Internet.
3.2.2. To provide the SUBSCRIBER with access to the user manual for using the SYSTEM.
3.2.3. To provide technical support to the SUBSCRIBER in accordance with Section 5 of this Agreement.
3.2.4. To ensure the storage of DATA and their archiving on the SERVER for an unlimited period.
3.3. Rights of the SUBSCRIBER:
3.3.1. To access the SYSTEM upon timely payment for the SERVICES.
3.3.2. To refuse to receive the SERVICE at any time without any penalties from the PERFORMER.
3.3.3. To delete all personal information from the SYSTEM without the possibility of recovery.
3.3.4. To contact the PERFORMER's technical support service in accordance with Section 5 of this Agreement.
3.4. Obligations of the SUBSCRIBER:
3.4.1. To make timely payments for the SERVICES under this Agreement.4. PROCEDURE FOR PROVIDING AND PAYING FOR SERVICES
4.1. The provision of SERVICES to the SUBSCRIBER begins immediately after the completion of registration in the SYSTEM at https://web.meteotrek.ua/register
4.2. Registration in the SYSTEM is considered complete after the SUBSCRIBER confirms their email address, which was provided as the LOGIN, by clicking on the confirmation link in the confirmation email.
4.3. Until the SUBSCRIBER adds their EQUIPMENT through the WEB APPLICATION or subscribes to third-party EQUIPMENT, no charges for SERVICES are accrued.
4.4. The total cost of the SERVICE is determined as the sum of all SUBSCRIPTIONS and the quantity and type of the SUBSCRIBER's own EQUIPMENT in accordance with the TARIFF PLAN.
4.5. Payments under this Agreement are made by the CUSTOMER based on invoices issued by the PERFORMER, in Ukrainian Hryvnia, by transferring funds to the PERFORMER's current account.
4.6. The SUBSCRIBER pays for the SERVICES to the PERFORMER in full, as a one-time payment, within 2 (two) banking days from the date of receiving a copy of the invoice by email. An electronic and facsimile copy of the invoice has the same legal force as the original.
4.7. The TARIFF PLAN is determined by the PERFORMER in conditional units. One conditional unit is equivalent to one US dollar. Conversion to Ukrainian Hryvnia is made at the exchange rate of the National Bank of Ukraine on the day of invoice issuance.
4.8. Exchange of accounting documents, including the provision of Work Performance Certificates / Service Provision Certificates, is carried out through the Vchasno service (https://vchasno.ua/
) using electronic digital signatures.
4.9. Access to the DATA is provided to the SUBSCRIBER upon payment for the SERVICES being credited.
Payment processing and extension of the terms of using the SERVICE are carried out by the EXECUTOR within 24 (twenty-four) hours from the moment of receiving the payment to the EXECUTOR's settlement account.
4.10. In case if, as of 00:00 on the 10th of January of each calendar year, the SERVICE has not been paid for by the SUBSCRIBER for the current calendar year, the EXECUTOR has the right to suspend the provision of the SERVICE, and for a delay in payment of more than 30 (thirty) calendar days, unilaterally terminate this Agreement and delete all DATA.
4.11. If the SUBSCRIBER refuses to receive the SERVICE or deletes their data from the SYSTEM during the paid period, the paid funds are not subject to refund or recalculations.
4.12.1. Each SUBSCRIBER has the opportunity to activate the DATA sharing function from their own EQUIPMENT to other SUBSCRIBERS of the SYSTEM.
4.12.2. When activating SHARING, the SUBSCRIBER receives a special price for the SERVICE in accordance with the TARIFF PLAN.
4.12.3. SHARING is activated exclusively until the end of the current calendar year, without the possibility of changes.
4.12.4. If, as of 00:00 on the 10th of January of the current year, the SUBSCRIBER has not canceled the activation of SHARING, SHARING continues automatically for the current calendar year, on the terms in accordance with the TARIFF PLAN.
4.13.5. The EXECUTOR guarantees that the exact current location of the SUBSCRIBER's EQUIPMENT and its name, for which the SHARING function is activated, will not be accessible to other SUBSCRIBERS of the SYSTEM.
4.12.6. When activating the SHARING function, the SUBSCRIBER is obliged to ensure the operability of the EQUIPMENT and not change the location of the EQUIPMENT during the SHARING period. Otherwise, the EXECUTOR has the right to charge additional fees for the SERVICES in accordance with the TARIFF PLAN.
4.13.1. Each SUBSCRIBER has the opportunity to activate a SUBSCRIPTION to third-party EQUIPMENT that has previously activated SHARING on their own EQUIPMENT.
4.13.2. The cost of the SUBSCRIPTION depends on the type of EQUIPMENT and the month of activation of the SUBSCRIPTION in accordance with the TARIFF PLAN.
4.13.3. The SUBSCRIBER, by activating the SUBSCRIPTION, agrees that they will not have information about the exact location of the EQUIPMENT and the functions of any control over the EQUIPMENT, but only access to the DATA related to the EQUIPMENT.
4.13.4. The SUBSCRIPTION is activated exclusively until the end of the current calendar year, without the possibility of changes.
4.13.5. If, as of 00:00 on the 10th of January of the current year, the SUBSCRIBER has not canceled the activation of the SUBSCRIPTION, the SUBSCRIPTION continues automatically for the current calendar year, on the terms in accordance with the TARIFF PLAN.
4.13.6. The SUBSCRIPTION is subject to timely payment for the SERVICES in accordance with paragraph 4.6 of this Agreement.
4.13.7. The SUBSCRIPTION is available exclusively to SUBSCRIBERS who use the WEB APPLICATION and API. SUBSCRIBERS who use only API do not have access to the SUBSCRIPTION.
4.14.1. Each SUBSCRIBER has the opportunity to additionally activate access to the DATA using API.
4.14.2. API is activated exclusively until the end of the current calendar year, without the possibility of changes.
4.14.3. If, as of 00:00 on the 10th of January of the current year, the SUBSCRIBER has not canceled the activation of API, API continues automatically for the current calendar year, on the terms in accordance with the TARIFF PLAN - Appendix No. 1 to this Agreement.
4.14.4. API is subject to timely payment for the SERVICES in accordance with paragraph 4.6 of this Agreement.5. PROVISION OF TECHNICAL SUPPORT
5.1. Within the scope of providing services to the SUBSCRIBER, the EXECUTOR provides technical support for the SYSTEM.
5.2. Technical support includes:
5.2.1. Consultation of the SUBSCRIBER regarding the operation of the SYSTEM.
5.2.2. Remote diagnostics of EQUIPMENT if such capability exists.
5.2.3. Remote configuration changes in the EQUIPMENT upon the SUBSCRIBER's request.
5.2.4. Processing requests for new functionality of the SYSTEM.
5.3. Technical support does not include:
5.3.1. Creation of LOGINS and PASSWORDS for SUBSCRIBERS.
5.3.2. Adding EQUIPMENT to the SYSTEM.
5.3.3. Adding geographical coordinates of SUBSCRIBER fields to the SYSTEM.
5.4. The response time to the SUBSCRIBER's request by the EXECUTOR's representatives should not exceed 8 (eight) working hours. By "response," it is understood that the EXECUTOR acknowledges the SUBSCRIBER's inquiry and provides the SUBSCRIBER with approximate timeframes for technical support.
5.5. Technical support is provided between 9:30 and 18:00 on each working day. Working days are determined in accordance with the resolutions of the Cabinet of Ministers of Ukraine.
5.6. All requests to the EXECUTOR for technical support are made by the SUBSCRIBER using the online resource JIRA Service Desk at the following link https://itinnovations.atlassian.net/servicedesk/customer/portal/6/
or through the built-in widget in the web application.
5.7. In exceptional cases, specifically when additional information is required from the SUBSCRIBER, the EXECUTOR may provide technical support to the SUBSCRIBER by phone.6. LIABILITY
6.1. For non-performance or improper performance of obligations under this contract, the EXECUTOR and the SUBSCRIBER bear responsibility in accordance with the applicable legislation of Ukraine.
6.2. The EXECUTOR shall not be liable for breaches of obligations provided in clause 3.2.4. of this Agreement if such breaches occur due to reasons beyond the control of the EXECUTOR, namely:
6.2.1. In the event of failure, disruption, or loss of DATA that occurred prior to the data's arrival on the EXECUTOR's SERVER.
6.2.2. In the event of failure, disruption, or loss of data that occurred during the transmission of DATA from the EXECUTOR's SERVER to the SUBSCRIBER.
6.2.3. In the event of malfunctions in data transmission from EQUIPMENT caused by third-party interference in its operation.
6.3. The EXECUTOR shall cease the provision of services from the moment of a payment deadline violation.
6.4. The EXECUTOR undertakes to maintain strict confidentiality of information about the SUBSCRIBER.
6.5. The EXECUTOR shall not be liable for damages arising in the following cases, but not limited to:
6.5.1. Incorrect operation of the SYSTEM caused by improper functioning of other electrical devices used in close proximity to the EQUIPMENT.
6.5.2. Inability to receive and transmit signals necessary for proper operation (including the absence of mobile network coverage) or other disruptions/interferences in radio transmissions beyond the control of the EXECUTOR, caused by improper use of the EQUIPMENT by the SUBSCRIBER.
6.5.3. In the event that the SUBSCRIBER provides LOGIN and PASSWORD to the SYSTEM to third parties.7. INTELLECTUAL PROPERTY RIGHTS
7.1. The trademark and trade name "METEOTREK" belong to the EXECUTOR.
7.2. The software of the SYSTEM, including SERVER, API, and WEB APPLICATION, belongs to the EXECUTOR.
7.3. The provision of services to SUBSCRIBERS does not imply the transfer of any rights to the intellectual property of the SYSTEM.
7.4. The EXECUTOR reserves the right to use DATA at its discretion and for research purposes.8. FORCE MAJEURE CIRCUMSTANCES
8.1. The EXECUTOR and the SUBSCRIBER shall be exempt from liability in the event of delays in the performance of obligations or non-performance of their duties under the Agreement if such delays or non-performance are due to force majeure circumstances.
8.2. Force majeure circumstances include: war, strikes, fires, explosions, floods, or other natural disasters; imposition of embargoes, other actions, or inaction of government authorities and/or management of Ukraine or other countries that directly affect the performance of the obligations by the EXECUTOR and the SUBSCRIBER.
8.3. The EXECUTOR and the SUBSCRIBER are obliged to notify each other in writing, no later than 48 (forty-eight) hours from the moment of the occurrence of force majeure circumstances, if such circumstances impede the proper performance of the Agreement. Official confirmation of the occurrence of force majeure circumstances is the official confirmation of such circumstances by the Chamber of Commerce and Industry of Ukraine or another authorized body.9. OTHER TERMS
9.1. Relations between the EXECUTOR and the SUBSCRIBER not regulated by this Agreement shall be governed by the current legislation of Ukraine.
9.2. By accepting this Agreement, the EXECUTOR and the SUBSCRIBER, in accordance with the Law of Ukraine "On the Protection of Personal Data," provide each other with unequivocal unconditional consent (permission) to process personal data in written and/or electronic form to the extent specified in this Agreement, invoices, acts, invoices, and other documents related to this Agreement, for the purpose of ensuring the implementation of civil, economic, administrative, tax relations, and accounting relations, and confirm that they have been informed about the inclusion of personal data in the database of personal data in the State Register of Databases.