Agreement on the provision of information services
(Public Offer)
(Public Offer)
PUBLIC OFFER for the use of software and the execution of orders for processing orders and payments The Offer is considered sent from the moment of its publication at the address: https://www.lidgen.pro/about/offer and is valid for the entire period of placement of this Offer at the specified address. The Parties represented by Mikhail Yuryevich Kashkin, an individual entrepreneur acting on the basis of an Extract from the Unified Register of Legal Entities and Individual Entrepreneurs of Ukraine, INN: 2952221092, hereinafter referred to as the Company, any adult individual who is a registered and authorized User in accordance with the Terms of Use of the Lidgen service (Service), located at: https://www.lidgen.pro/about/rules, who has read the terms of this Offer and accepted this offer by clicking the "Register" button on the Site. 1. Subject of the Agreement 1.1. The Company provides the Client with services for hosting the monitoring and data collection tool on its Service servers in accordance with the terms specified in this Agreement. 1.2. The Client, in turn, undertakes to use the Services of the Service only in accordance with the terms of this Agreement. 1.3. The Company reserves the right to change the terms of the Agreement with prior notice to the Client by posting the agreement on the Service website. 2. Terms and Definitions: 2.1. Service — an online platform providing services for monitoring and analyzing brand mentions on social networks. 2.2. Client — any adult individual or legal entity who has registered with the Service and accepted this offer. 2.3. Personal Account — a personal section on the Service, available to the Client after registration to manage monitoring settings, data storage and reports. 2.4. Monitoring — the process of automated search and analysis of text information published on other websites, may include mentions of a brand, search for services or goods. 2.5. Report — the result of monitoring data processing, presented in the form of statistics, analytical tables or other forms of visualization, provided to the Client through the Personal Account. 2.6. Regular payment - an automatic periodic payment that the Student agrees to make to pay for courses and other services provided by the Organization. 3. Subject of the Agreement 3.1. The Company provides the Client with access to the Service for monitoring and analyzing brand mentions, search terms, people and organizations interested in the Client's services and products in social networks under the terms of this Offer. 3.2. The Client undertakes to use the Service only in accordance with the terms of this Agreement. 3.3. The Company reserves the right to change the terms of this Offer with prior notice to the Client by publishing the changes on the Service website. 4. Procedure for concluding an Agreement 4.1. To use the Service, the Client must complete the registration procedure and confirm agreement with the terms of the Offer. 4.2. After registration, the Client receives access to the Personal Account and the ability to configure monitoring parameters. 4. Rights and obligations of the Client: 4.1. The Client undertakes to pay for the services provided by the Company in a timely manner in accordance with the terms of the Agreement. 4.2. The Client undertakes to comply with the terms of the Agreement and not to commit violations that may cause damage to the Company, its reputation, third parties using the capabilities of the Platform or the Company's materials, and other Clients. 4.3. The Client has the right to use the services provided by the Company in accordance with the terms of the Agreement. 4.4. The Client has the right to receive technical support on issues related to the use of the Company's services. 4.5. The Client undertakes to pay for services according to the selected tariff plan. 4.6. The Client undertakes to use the Service exclusively in accordance with the law and not to violate the rights of third parties. 5. Terms of confidentiality and data protection 5.1. The Company undertakes to comply with the requirements of the law on the protection of personal data, ensuring their security from unauthorized access and transfer. 5.2. The Company uses the data collected during monitoring solely to fulfill its obligations to the Client. 5.3. Confidentiality of information transferred between the Company and the Client. All information transferred between the Company and the Client is considered confidential and is not subject to disclosure to third parties without the consent of the other party, except in cases provided by law. 6. Intellectual Property: 6.1 The Service retains all intellectual property rights to the Platform, including but not limited to: - Software code; - Databases; - Graphic images; - Individualization tools; - Modifications and updates; - Know-how and methodological schemes; - Documentation, unless a license for its use is explicitly indicated. 6.2. The rights to third-party content collected and/or processed by the Service may be and are regulated by other agreements between other Platforms, Services and Organizations, and posted on the Platform for review purposes, and the Client is responsible for the regulation of possible disputes in the event of violations of intellectual property rights, privacy or confidentiality. Third parties whose content may be displayed on the Platform retain all property, copyright and other rights to their content, including intellectual property rights. 6.3. Prohibited actions: - Hacking, attempted hacking, penetration or other actions aimed at gaining unauthorized access to the Platform or its components. - Reverse engineering, decompilation, disassembly, alteration, modification or other types of analysis of the Platform or its components. - Creation of websites or services that are a reworking of the Platform or their components. - Creation of a parasitic load (DDoS), other actions aimed at disrupting the normal operation of the Platform. - Transferring access to the Platform to third parties without the written consent of the Service. - Use of the logo and trademarks of Lidgen, the Service, the Platform without written consent. 7. Level of service provided: 7.1. The Platform is provided "as is" without any warranties from the Service. 7.2. The Company reserves the right to change, modify, add and remove the functionality and some functions of the Platform at any time, including for the purpose of improving the quality of services and service stability. 7.3. The Company may carry out preventive maintenance and temporarily suspend the service during technical maintenance. 7.4. The Organization grants broad powers to collect technical information, including the processing of media content using artificial intelligence technologies, obtained during the use of the Platform. 7.5. The Organization's employees undertake to immediately notify the Service in the event of detection of errors and deficiencies in the Platform. Proven use of discovered errors or vulnerabilities may be regarded as interference with the normal functioning of the Platform. 8. Validity and termination of the Offer and legal relations of the parties: 8.1. The Offer is valid from the moment it is posted on the Platform website until the moment it is changed or terminated. 8.2. The Organization has the right to revoke its Offer at any time before concluding the contract for the provision of services. 8.3. The legal relations of the parties arising as a result of concluding the contract for the provision of services are considered valid until their execution or termination in accordance with the terms of the contract. 8.4. The parties may terminate the contract for the provision of services unilaterally in the event of a breach by the other party of the terms of the contract, including non-payment for services. 8.5. In the event of termination of the contract for the provision of services, the parties undertake to cease using the personal data of the other party, as well as to return all materials received during the execution of the contract. 8.6. Upon termination of the contract for the provision of services at the initiative of the Organization or the Student, all paid services remain with the Organization, and the funds transferred to the Platform are not returned. 8.7. In the event of termination of the contract between the Service and the Organization, all obligations to the Students remain with the Organization and cannot be shifted to the Service. 8.8. In the event of termination of the agreement between the Student for any reason on the part of the Service, the Organization independently makes decisions on the further fulfillment of obligations towards the Student. 9. Liability 9.1. The Service shall under no circumstances be liable for any lost profits of the Organization. 9.2. The Service's liability within the framework of legal relations regulated by this Offer may not exceed the amount of the Service's remuneration received from the Organization and is limited to an amount equal to the monthly payment for using the Service. 9.3. In the event that the Organization processes personal data of third parties, the Organization shall be solely responsible for compliance with appropriate measures to protect personal data in accordance with the requirements of the Law on Personal Data (Federal Law of 27.07.2006 No. 152-FZ "On Personal Data"), the General Data Protection Regulation (GDPR) and other laws and regulations, including in terms of obtaining relevant permits, posting the necessary documents and information on the website and on the Organization's page on the Platform. 9.4. In the event of claims, demands or suits against the Service for violation of the rights of third parties related to the violation of the Organization's obligations, the Organization undertakes to settle them and compensate the Service for losses if they arise. 10. Disputes and disagreements 10.1. Any disputes and disagreements of the parties shall be resolved within the framework of the current legislation of Ukraine. If it is impossible to resolve disputes through negotiations, disputes under this Agreement shall be resolved in the Arbitration Court 10.2. The pre-trial dispute resolution procedure is mandatory. To initiate the negotiation process, a party sends a written claim to the other party via the contact e-mail address, disclosing its position on the merits. The other party, within 10 working days, sends a response to the claim, disclosing its arguments on the merits of the claims made. If the response to the claim indicates a full or partial refusal to satisfy the claims, the parties shall organize and conduct negotiations within the next 10 working days. 10.3. Recognition of any provision of this Offer as invalid or unenforceable shall not entail the invalidity or unenforceability of other provisions.