Terms of Service
Approved by the order of the Director of LLC “Aerikom”
No. 05-11/20 of November 05, 2020.
This public contract (hereinafter referred to as the “Contract”) defines the procedure for granting a non-exclusive software license, as well as mutual rights, obligations and the relationship between the Aerik Limited Liability Company, hereinafter referred to as the “Licensor”, represented by Director Shrimf Oleg Vladimirovich, acting on the basis of the Charter, and an individual, hereinafter referred to as the "Licensee", accepted (accepted) a public offer (offer) to conclude this Agreement.
This Agreement, subject to the procedure for its acceptance, is considered concluded in simple written form (clause 2, clause 3 of article 404 and clause 3 of article 408 of the Civil Code of the Republic of Belarus)
- SUBJECT OF THE AGREEMENT
1.1. The subject of this Agreement is the granting by the Licensor to the Licensee of a simple non-exclusive right (holding a non-exclusive license) to use the following software in the following options:
The web version is at: https://stillfy.com, https://go.stillfy.com and https://app.stillfy.com called Stillfy.
Mobile apps: Stillfy for iOS and Android.
1.2. Programs are a complex of computer programs and, as an object of copyright, is protected by the Law of the Republic of Belarus "On Copyright and Related Rights" and international agreements. All conditions and limitations of this Agreement apply both to the Program as a whole, and to all its components separately.
1.3. Use in this Agreement means the use (operation) of the Program by the Licensee for its own use in accordance with the conditions and limitations of this Agreement and within the period specified by this Agreement. The right to use the Program is granted without the right to transfer to someone (third parties), applies only to the territory of the Republic of Belarus and is granted for the period of use paid by the Licensee.
- PROCEDURE FOR GRANTING SOFTWARE RIGHTS
2.1. Licensee for the purposes of acceptance of this Agreement:
2.1.1. gets acquainted with the terms of this Agreement
2.1.2. submits an application for the purchase of a simple (non-exclusive) license on the website or in the application on the corresponding page. To do this, Licensee fills out the appropriate web form.
The terms of this Agreement shall be deemed accepted without comment from the date of filing of the said application.
2.2. Granting rights to use the Program occurs within 3 (three) business days after the Licensee accepts the terms of this Agreement and makes the necessary payment to the Licensor's account. 2.3. Granting the Licensee the right to use the Program is carried out by sending via the Internet the login and password for access to the Program located on the Internet server. Absence in
Within 24 hours of claims by the Licensor, the Licensor conscientiously fulfills obligations to grant rights.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The licensor has the right:
· Grant a license to the Licensee · make changes to the text of this Agreement · if necessary, collect, receive and use technical data and related information to improve the Program or to provide the services or technologies of the Licensee
· make changes and additions, as well as other improvements to the Program without prior approval with the Licensee and offer the Licensee an updated version of the Program, as well as expanding the capabilities of the Program, including for an additional fee
- collect, receive and use technical data and related information to improve the Program or to provide services or technologies to the Licensee
· update the Program at its discretion, but waives the obligation to update the Program
· without any notice to impose a restriction or blocking of the User’s access to any used them the functionality of the Program. Restrictions are introduced if, solely from the point of view of the Copyright Holder, the User violates the terms of the Agreement, the Rights of the Copyright Holder and / or the requirements of applicable law
· Suspend the operation of the Program upon detection of significant malfunctions, errors and failures, as well as in order to prevent cases of unauthorized access to the Program. In this case, the Licensee does not have the right to make any claims
to the Licensor · stop granting the Licensee the right to use the Program if the Licensee loses such a password. If the Licensee loses a password, his access to the Program is restored only after he regains access to the Program, including by obtaining a new password
· to prevent any distortion, correction of the Program or its elements, as well as other infringement of the transmitted Program that could damage the reputation developer (copyright holder);
allow the use of the Program; request payment for using the Program; exercise control over the use of the rights granted to Licensee under this Agreement.
3.2. Licensee has the right:
To use (operate) the Program on the territory of the Republic of Belarus, for the purposes indicated by this Agreement, in accordance with the conditions and limitations of this Agreement and within the time period specified by this Agreement.
3.3. This license agreement does not grant Licensee the following rights:
- transfer a copy of the software product or its components to someone outside the scope of this agreement;
- transfer rights to use the software product and its components, provide sublicenses, unless the Licensor gives the Licensee written consent;
· Make any attempts to independently obtain the source code of the software product or the algorithms of its operation, including by reassembling, decompiling or reengineering;
- to process the Program, create on its basis its own software products;
· The licensee does not own any other rights to use the Program, property rights or other subsidiary rights to the Program with the exception of those rights that are explicitly described in this Agreement.
3.4. The conditions and restrictions established by this Agreement apply in full to computer programs that could be created on the basis of the provided Program and / or on the basis of the source codes of the Program by the Licensee, on behalf of the Licensee, with the knowledge of the Licensee or upon the oversight of the Licensee.
3.5. The Licensee is obliged:
· to counteract any distortion, correction of the Program or its elements, as well as other infringement of the Program;
· Take all measures to prevent unauthorized use of the Program.
· Maintain strict confidentiality regarding all technical, commercial and other information received from the Licensor, taking all reasonable measures to prevent unauthorized use or disclosure of such information in accordance with this Agreement;
· Make timely payment under the Agreement.
4.1 For granting the rights stipulated by this Agreement, the Licensee pays the Licensor a license fee (royalties) in the amount indicated by the Licensor in the payment invoice.
4.2. Payment under this Agreement is carried out in the order of 100% prepayment.
4.3. The basis for payment is a payment invoice, which the Licensor submits to the Licensee electronically.
4.4. The amount payable for the accounting period may be changed by the Licensee in the direction of increase. In this case, the advance payment shall be counted to the Licensee, which will be taken into account when setting future payment requirements.
5.1. The terms of this Agreement are published at the following address https://aericom.co/license-contract
5.2. In the performance of this Agreement, the parties may gain access to information that is confidential to one or the other party.
Confidential is all information related to the software product, the documentation is confidential.
5.3. Confidential information, which is information, but not in the case of actions or omissions of the other party.
- WARRANTY AND RESPONSIBILITY
6.1. The Licensor guarantees that he has the right to authorize the use of the Program in accordance with the terms of this Agreement.
6.2. The Licensor guarantees that the rights transferred to the Licensee do not violate the rights of third parties.
6.3. In case of violation of the terms of this Agreement, the Licensee shall be liable in accordance with the current legislation of the Republic of Belarus and this Agreement.
and all information marked as
information of either party excludes is or becomes publicly available
6.4. In the case of the foreseen liability, Belarus shall pay the Licensor in each case of violation a fine of 10,000 (ten thousand) base units.
6.5. In the event of claims by third parties to the Licensee about the eligibility to use the Program, the Licensor is obliged to immediately take all measures to resolve the claims after receiving the appropriate notification from the Licensee. In this case, the Licensor must bear all the costs associated with the occurrence and settlement of such claims.
6.6. All disputes and disagreements that may arise between the parties on issues that have not been resolved in the text of this agreement will be resolved through negotiations and mutual consultations based on the current legislation of the Republic of Belarus.
6.7. If it is impossible to resolve disputes and resolve misunderstandings in the process of fulfilling this Agreement through negotiations and mutual consultations, such disputes shall be resolved in the manner established by the current legislation of the Republic of Belarus. The place of dispute settlement is the courts of the Republic of Belarus at the location of the Licensor.
6.8. The Licensee agrees that no software is error free.
6.9. The Licensor is not responsible:
- for any actions of the Licensee related to the use of the granted rights to use the Program;
- for damage of any kind incurred by the Licensee due to the loss and / or disclosure of its data necessary to access the Program;
- for the quality of services (in particular data transfer services) necessary for working with the Program, if they are organized by third parties not involved by the Licensor
6.10. Licensee agrees that Licensee must use software (web browsers, operating systems, etc.) and equipment (personal computers, network equipment, etc.) manufactured and used to work with the Program
provided by third parties, and the Licensor cannot be held responsible for the quality of their work.
6.11. The Licensor provides data backup and archival storage of the Licensee's data throughout the entire term of the Agreement. Data is backed up every calendar day. 6.12. In the event that the data loss occurred through the fault of the Licensor, he takes all necessary measures to recover the data within 3 working days.
6.13. If the data loss was caused by the actions of the Licensee, data recovery is performed upon request to the licensor. Data recovery is carried out only subject to the availability of technical capabilities.
6.14. Special issues of installation, maintenance, technical maintenance, operability and other issues that are not related to the sphere of rights to intellectual property are not the subject of this Agreement and are governed by other agreements.
- DURATION OF THE AGREEMENT AND OTHER TERMS
7.1. The Agreement is considered concluded and comes into force from the moment of acceptance, and is valid from the moment of its conclusion for the entire period of use of the Program by the User.
7.2. The term of this Agreement is not defined and is made up of the time of use for which the User made an advance payment.
7.3. The Agreement is considered terminated from the moment of blocking the User’s access to the use of the Program’s capabilities.
7.4. This Agreement may be amended and supplemented by the Licensor unilaterally. Continued use of the Program by the User means its full agreement with the new version of the Agreement.
7.5. All annexes to this Agreement are an integral part of it. Changes and additions to the contract apply to the Parties if they are made in writing and signed by authorized representatives of each of the parties. The Agreement and all the annexes and additions to it, signed and transmitted by facsimile and other electronic communications, have legal force.
7.6. In all other respects, which is not provided for by this Agreement, the parties are guided by the current legislation of the Republic of Belarus.
7.7. All notifications and messages of the parties are sent to each other in writing or by electronic communication.
- FORCE MAJEURE
8.1. In the event of force majeure circumstances, which include natural disasters, accidents, fires, riots, strikes, military operations, unlawful actions of third parties, the entry into force of legislative acts, government orders and orders of state bodies that directly or indirectly prohibit those specified in this The types of activities that impede the performance by the parties of their functions under this Agreement and other circumstances that are independent of the will of the Parties deductible from liability for
failure to fulfill the obligations undertaken, if within 10 (ten) days from the onset of such circumstances and if there is a connection, the Party affected by their influence will notify the other Party of the incident, and will also make every effort to eliminate the consequences of force major circumstances
8.2. A party that incurs losses due to force majeure circumstances may require a party that has become the object of force majeure to provide documentary evidence of the extent of the events that have occurred, as well as their impact.
- DETAILS AND SIGNATURES:
Limited Liability Company “Aerik”
Legal address: 220131, Republic of Belarus, Minsk, ul. Gamarnika, house 30, room 258, room 2/3
UNP 192016939, OKPO 381221315000
BY52 ALFA3012 2313 1800 3027 0000 (current r / s RUB)
BY37 ALFA3012 2313 1800 4027 0000 (current r / s BYN)
BY67 ALFA3012 2313 1800 2027 0000 (current r / s USD)
BY82 ALFA3012 2313 1800 1027 0000 (current r / s EUR)
220013, Republic of Belarus, Minsk, ul. Surganova, 43-47
SWIFT - ALFABY2X
PAYMENTS IN US DOLLARS:
Account # 04412133 at DEUTSCHE BANK TRUST COMPANY AMERICAS, New York, USA
SWIFT - BKTRUS33
PAYMENTS IN EURO:
Account No. 400886919000EUR at COMMERZBANK AG, Frankfurt, Germany
SWIFT - COBADEFF
PAYMENTS IN RUSSIAN RUBLES:
Alfa-Bank CJSC account No. 30111810100000000221 in Alfa-Bank JSC, Moscow, Russian Federation
BIC - 044525593, C / account No. 30101810200000000593, TIN 7728168971
SWIFT - ALFARUMM
From the Licensor:
Shrimf Oleg Vladimirovich