6. LIABILITY OF THE PARTIES6.1. For non-performance or improper performance of the Agreement, the Parties shall be held liable in accordance with this Agreement and applicable laws of Ukraine. 6.2. The User is fully liable for his actions when using the Service as well as for actions of the User’s representatives in the Service and actions of the persons on their behalf using their personal data.The User is fully liable for the information provided to the Company during registration, payment and/or use of the Service.6.3. If penalties are imposed on the Company by the relevant state authorities as a result of illegal actions of the User and/or other persons authorized by the User, the Company is obliged to reimburse the User for all real damages caused by such illegal actions within 5 (five) banking days from the date of receipt by the Company of a reasonable claim from the User confirming the damage to the User.
7. LIMITATION OF THE COMPANY’S LIABILITY7.1. The Service is provided “as is”, i.e. without warranties of any kind, including warranties of its usability for the purposes set by the client, warranties regarding quality or performance capability, or conformance of the service to the client’s goals and expectations.7.2. The Company shall not bear responsibility for quality and performance characteristics of the service, either evident or assumed. Under no circumstances shall Service be liable in the event a third-party platform restricts, either temporarily or permanently, access to third-party content in such a manner that would cause any part of the content provided through the services to no longer be accessible to the client. The User is solely responsible for obtaining, subscribing, installing, maintaining, and operating all adequate software (such as a browser), hardware, computer equipment, or otherwise necessary to use of the Services. The company may not be held liable for any defects or delays in the service arising as a result of any problem associated with the internet.7.3. The Company shall bear no responsibility towards the User, its employees, clients, or third-parties for direct or indirect damage, loss of profit, or other losses that may be related to usage of the Service, including, but not limited to, related to possible interruptions of work, equipment incompatibility, necessity to change configuration, or interruption of business. The company bears no liability for unauthorized use of the client’s account by third-parties.7.4. The Company shall not control information and content uploaded, transferred, or stored by the client, its employees, Users, or third-party from the client’s side using the service and, consequently, the company does not give any warrants in respect on accuracy, completeness, or quality thereof, and bears no liability for its content.
8. RIGHTS TO THE RESULTS OF INTELLECTUAL ACTIVITY8.1. Akurata Online Electronic Document Management Service is the result of the intellectual activity of the Company and is protected according to the applicable copyright law. The Company warrants that it possesses all the rights necessary for entering into the present Agreement.8.2. The Company is the sole owner of all exclusive rights to the results of intellectual activity related to the Service, including design elements, text, graphic images, illustrations, and other objects located on the Service, as well as components and elements thereof, and information.
9. FORCE MAJEURE CIRCUMSTANCES9.1. The Parties shall be released from liability for partial or complete failure to fulfill or improper fulfillment of their obligations hereunder, if such failure or improper fulfillment resulted from any circumstances of insuperable force, i.e., extraordinary and unavoidable events which might not be foreseen or prevented by the Parties (force majeure circumstances), namely: fire, flood, earthquake, strikes, mass disorders, riots, wars or actions of any governmental authorities and other circumstances which make it impossible for the Parties to fulfill their obligations hereunder, provided that such circumstances affected directly the possibility of the Parties to fulfill their obligations hereunder.9.2. In case if any force majeure circumstances occurred within the term of this Agreement, the time for fulfillment of the obligations hereunder shall be extended for their duration.9.3. The affected Party shall notify the other Party in writing in respect of any force majeure circumstances without delay, but in any case within three (3) calendar days of their occurrence. The same requirement shall apply to the termination of the said force majeure circumstances. The late notification in respect of the occurrence of any force majeure circumstances shall deprive the relevant Party of its right to refer to them as a ground for release from the liability for failure to fulfill or improper fulfillment, complete or partial, of its obligations hereunder. The force majeure circumstances shall be confirmed by the certificate issued by the competent authority of the relevant country.
10. DISPUTE SETTLEMENT PROCEDURE10.1. All disputes and controversy arising out of this Agreement shall be settled by the Parties through negotiations.10.2. If the dispute cannot be settled through negotiations, it shall be settled through judicial procedure by referring the dispute to the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry using the substantive and procedural law of Ukraine. 10.3. This Agreement shall be governed by the laws of Ukraine.
11. PERSONAL DATA11.1. By signing this Agreement, the Parties grant each other the right and consent to process personal data in accordance with the applicable laws of Ukraine and, where applicable, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”).11.2. For the purposes hereof, the references to the personal data of the Parties shall include the references to the personal data of their representative(s), officers, owners/founders, and/or shareholders/members (hereinafter – Representatives, Data Subjects), including data on their name, address (including postal and e-mail address), telephone number, identification numbers, location data , IP addresses, photos, geolocations, cookies. Non-personal data is information about a legal entity, including the name and type of business entity, as well as details of the legal entity.11.3. For the purposes of this Agreement, processing of personal data means any operation or set of operations as defined by the GDPR, including collection, recording, organization, structuring, storage, processing or alteration, search and selection, expertise, use, disclosure by transmission, distribution or other making available for access grouping or combination, selection, removal and destruction.11.4. By signing this Agreement, the Parties state that all provided information constituting the personal data is lawfully provided by the Parties entitled to use and dispose of it. In addition, the User confirms that it has been provided with all the information required by Article 13 of the GDPR in an accessible, comprehensible and complete manner.
12. CONFIDENTIALITY AND WARRANTIES12.1. All information exchanged between the Parties for the purpose of performance hereof, including the information about the technologies and engineering solutions used by the Company, as well as any commercial information about the conditions of cooperation between the Parties, shall be confidential and may not be disclosed and/or used without the written consent of the other Party, except for the required disclosure thereof upon the request of the competent governmental authorities. In case of such required disclosure, the relevant Party shall notify the other Party in writing in this respect without delay, but in any case within three (3) working days of the said disclosure.12.2. The Parties hereby warrant that they have full rights and authority to enter into and perform this Agreement.
13. TERM OF THE AGREEMENT AND MISCELLANEOUS13.1. This Agreement shall enter into force at the moment of its acceptance during the User’s registration at the Service and is valid until the expiration of the validity period of the Tariff prepaid by the User.13.2. In case of proper fulfillment of this Agreement, the User has the preemptive right to continue getting the access Service for the next period. In this case, if he makes an advance payment for the access Service for the next period of use before the expiration of this Agreement, this Agreement shall be extended for the period of providing such access Service.13.3. The Parties have provided that the User may terminate the Agreement unilaterally. The User shall notify the Company in writing of the termination of the Agreement. The Parties have established with their mutual consent the following legal consequences of such termination of the Agreement on the initiative of the User:The Company shall stop providing to the User the Services the User has refused with effect from the date of receipt of the User's notice of repudiation (termination) of this Agreement;The Parties shall make settlements for the Services rendered under the general procedure set out in this Agreement;The Parties shall treat this Agreement as terminated (and the Parties shall not be required to enter into any supplementary agreements) in view that the User repudiated (terminated) the same with effect from the date the Parties fulfill in full their obligations under this Agreement.13.4. The Parties agreed that the Company has the right to refuse to execute this Agreement by sending a written notice to the User. This right is unconditional. Such written notice may be sent to the User's email address used to register the User's account on the Service. The Agreement is considered terminated from the moment the Company forwards a notice. In case of early refusal of the Company to execute the Agreement, the Company shall refund part of the Fee in proportion to the period when the Service shall not be used by the User, unless specified otherwise in the Agreement.13.5. The failure of either Party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such Party in writing. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.