Public offer

for the provision of access service to the business analytics Software Program «Business Analytics Technologies» ©

The document, the provisions of which are set out in the text below, is a public offer and a public contract.
In accordance with the provisions of Article 633, 641 of the Civil Code of Ukraine, the terms and conditions of the public offer and public contract are the same for all Customers.
Following Part 2 of Article 642 of the Civil Code of Ukraine, the acceptance of this offer is equated with the conclusion of the contract on the terms set forth below.
The Privacy Policy regulates the peculiarities of processing of personal data of Customers by the Contractor. You can read the Contractor’s Privacy Policy provisions following the link https: //bitimpulse.com/privacy-policy/.
This public offer is addressed to all individuals and legal entities wishing to use the service and having the technical ability to obtain the service.
The Contractor, on the one hand, guided by the legislation of Ukraine, offers (public offer) to the individual and/or the legal entity (hereinafter – the Customer), hereinafter together the Parties and individually the Party, to conclude a public contract on granting access to the business analytics program “Business Analytics Technologies” © (hereinafter – the Contract) on the following conditions:

TERMS AND DEFINITIONS:

Public offer (contract) – means a proposal of the Contractor addressed to any individual and/or legal entity, following Article 633 of the Civil Code of Ukraine, to conclude a public contract with him for the provision of access service to the Business Analytics Technologies © (hereinafter – the Software Program).
Acceptance – means your full and unconditional consent of the Customer to conclude this contract on the terms specified in this Contract.
Contractor – means a person who has all the necessary rights to provide access services to individuals and/or legal entities to the Software Program by concluding this Contract.
Customer – means an individual and/or legal entity, the Customer of the Software Program, to whom the Contractor provides services by the terms of this Agreement.
The Service – means the provision by the Contractor to the Customer of the access to the Software Program, on a paid or free basis, after the Customer has filled in the registration form in accordance with the procedure established by this Contract.
Paid Services – means the provision of services for a certain fee, in monetary terms, by the Contractor to the Customer, in the amount stipulated in this Contract, which the Customer chooses independently.
Free Services (test period of using the Program) – means providing the service of limited access to the Software Program by the Contractor to the Customer, that is, for a certain limited time. The amount of limited access is determined by the Contractor at his discretion and may be changed without the consent of the Customer.
Personal data – means information or a set of information about an individual that is or may be explicitly identified.
Personal data subject means an individual in respect of which the processing of their personal data is carried out in accordance with the law.
Personal data subject’s consent – means any voluntary expression of the will of an individual  to provide the permission to process his/her personal data following the formulated purpose of their processing. Filling in the registration form on the website https://bitimpulse.com/  implies the providing of the consent of the subject to personal data processing.

GENERAL PROVISIONS

On the basis and the terms determined in this Contract, the Contractor provides the Customer, and the Customer accepts services for access to the Software Program only after the Customer fills in the registration form on the website https://bitimpulse.com/ for a specified period.
The Service is provided on a paid or free basis at the Customer’s option by providing access to, respectively, the full or demo version of the Software Program.
The name and the tariff for paid services provided by the Contractor under this Contract, which the Customer undertakes to accept, is defined in the invoice.
An essential condition for the conclusion of this Contract is the full single payment of the Customer’s services by the invoice issued by the Contractor, which will be considered the only possible proper acceptance of the offer.
All amendments and additions to this Contract are published on the website https://bitimpulse.com/
All terms of this Contract are mandatory for both the Customer and the Contractor. Before using the Service, the Customer shall be obliged to read himself the terms of this Contract. If the Customer does not agree with the terms of the Contract, he is not entitled to use the Service.
In case of disagreement of the Customer with the changes made by the Contractor to the Contract or with the new tariffs for the Service, the Customer shall stop using the Software Program.
The Customer is the subject of personal data by filling in the registration form on the website https://bitimpulse.com/, agrees to process his personal data in the database of the Contractor’s personal data, and also agrees to receive emails and other messages from the Contractor.

COST, PROCEDURE FOR THE PROVISION OF SERVICES AND PAYMENTS

The cost of services under the Contract is established in accordance with the type of services (tariff) chosen by the Customer. The fact of payment by the Customer confirms his agreement with the selected tariff.
The use of paid access is possible after the Customer fills in the registration form on the website https://bitimpulse.com/ and selects the paid period.
The Customer pays for access to the Software Program by advance payment for the selected period. Payment is made by the Customer by cashless payment to the Contractor’s current account based on the invoice issued by the Contractor, which is valid within 3 (three) calendar days from the date specified in it (the term for acceptance of the offer). The Contractor at his own discretion may recognize the payment received after the expiration of the specified period, as a proper acceptance of the offer.
The Customer performs the payment (order) on the website https://bitimpulse.com/ using the WayForPay payment service that is equivalent to invoicing for the provision of the selected services and means the Customer’s agreement with all the terms of the Contract.
The service of providing access to the Software Program is carried out electronically via the Internet by sending an e-mail to the e-mail address specified in the Customer’s registration form with all the necessary data (electronic key/code to gain access).
The Contractor reserves the right at his own discretion and at any time to change the tariff for paid services. Tariff changes do not apply to periods that were paid by the Customer but come into force after the expiration of the paid period of access to the Software Program.

PARTIES’ RIGHTS AND OBLIGATIONS

The Contractor is obliged:
Provide the Customer with the paid or/and free services selected by him in accordance with the terms of the Contract.
Maintain the confidentiality of the Customer’s personal data obtained when filling in the registration form on the website https://bitimpulse.com/.
At the request of the Customer, provide Acceptance Certificates in electronic form using an electronic digital signature that meets the requirements of the legislation, using the service Vchasno.
The Contractor is entitled to:
Terminate the provision of paid services from the date of expiration of their provision.
Change the procedure for the provision of services and their cost without renegotiation of this Contract by publishing the changes on the website https://bitimpulse.com/.
Disclose any information, if necessary, by the legislation of Ukraine, at the request of authorized state institutions, as well as to ensure the normal functioning of the website https://bitimpulse.com/ or protection of the Contractor and the Customer (s), unless it contradicts the relevant Constitutional rights of citizens and the current legislation of Ukraine.
The Customer is obliged:
When using paid services, pay for the services of the Contractor on time in the amount, procedure, and terms provided for in this Contract.
Comply with the terms of this Contract.
Not to resell, not to provide the results of services under this Agreement to third parties.
Read the Contract, and the terms of the selected services, follow and fulfill their requirements.
Keep secret the electronic keys/codes of access to the service received from the Contractor.
The Customer undertakes not to collect, copy, or process personal data of other individuals, as well as any other information posted on the website https://bitimpulse.com/, in particular by parsing, that is, collecting, analyzing, processing and storing information posted on web pages by using parser programs (“spiders”) and their analogs.
The Customer is entitled to:
Receive information about services.
Use the service within the limits of the received access in accordance with these Terms.
To contact the Contractor with a request to receive the Acceptance Certificate in electronic form using an electronic digital signature that meets the requirements of the law.
In case of any questions, complaints or suggestions regarding the use of the service or the need to obtain other information within the competence of the Contractor, contact the service technical support by sending a message to the electronic mail of the Contractor indicated on the website https://bitimpulse.com/.

INTELLECTUAL PROPERTY RIGHTS.

All components of the service for providing access to the business analytics software program “Business Analytics Technologies” (“Business Analysis Technologies”) © are generally owned by the CONTRACTOR and are protected by legislation in the field of intellectual property rights protection.

RESPOSIBILITY OF THE PARTIES.

The Parties are responsible for non-fulfillment or improper performance of their obligations under this Contract, in accordance with the current legislation of Ukraine.
The Parties shall not be liable for breach of their obligations under this Contract if it was not their fault. The Party shall not be guilty if it proves that it has taken all necessary measures to properly fulfill its obligation under this Contract.
The Contractor shall not be liable in case of an action/inaction of third parties, as a result of which the Contractor was unable to fulfill its obligations under this Contract.
Disputes and/or disagreements will be resolved by the Parties through negotiations, and in case of failure to reach agreement, in accordance with the current legislation of Ukraine. All claims of the Parties shall be in writing and signed by authorized persons. Disputes directly or indirectly relating to and arising from this Contract, and not settled by the Parties through negotiations, shall be resolved in court by the current legislation of Ukraine.
The Contractor shall not be liable to the Customer or third parties for any delays, interruptions, damages or losses resulting from:
defects in any electronic or mechanical equipment not belonging to the Contractor;
problems during data transfer or connection that occurred through no fault of the Contractor;
force majeure circumstances;
disruption of the Internet, as well as its availability to the Customer.

TERM OF THE CONTRACT, AMENDMENTS AND ADDITIONS

The Contract is concluded from the moment the Customer accepts the relevant offer (acceptance). The term of the Contract coincides with the term of the granted access to the Software Program.
In case of breaching the terms of the Contract by the Customer, the Contract may be terminated/terminated by the Contractor unilaterally without returning the paid funds to the Customer, in this case, the services are considered to be provided to the full extent and properly.
The Contractor may make amendments and additions to the offer by posting relevant information on the site. The customer is obliged to monitor the changes posted on the website and visit it.
Early termination of this Contract may take place only with the consent of the Parties or in cases stipulated by the legislation of Ukraine and the terms of this Contract.

DISPUTE RESOLUTION

Disputes and/or disagreements will be resolved by the Parties through negotiations, and in case of failure to reach agreement, in accordance with the current legislation of Ukraine. All claims of the Parties shall be in writing and signed by authorized persons. Disputes directly or indirectly relating to and arising from this Contract, and not settled by the Parties through negotiations, shall be resolved in court in accordance with the current legislation of Ukraine.

FORCE MAJEURE CIRCUMSTANCES

The Parties are not liable for partial or full fulfillment of obligations under this Contract, if that failure was the result of action of force majeure circumstances that arising after conclusion of this contract and made it impossible to fulfill obligations in accordance with the terms of this contract. Such circumstances include, but are not limited to, man-made emergencies, natural or environmental nature, accidents in power supply systems, destruction of their systems, caused, in particular, by earthquakes, floods, hurricanes, prolonged blackouts, and the Internet for reasons out of any parties’ control, military actions, rebellion, strike, riots, disorders and other illegal actions, flood, fire, anti-terrorist operations, earthquake and other natural disasters, war, military actions, uncontrolled, illegal actions and acts of vandalism of third parties, revolutionary actions, public unrest, acts or actions of public administration bodies, the adoption of legal acts or regulations that directly affect the ability of the parties to fulfill the terms of this contract, and any other extraordinary circumstances.
To start, the possible duration and termination of force majeure, the Parties shall notify each other immediately, but not later than the 3rd day after their occurrence (termination), and provide documents confirming force majeure. Notifications of the occurrence and termination of force majeure should be sent by letter, telefax message, e-mail, or courier with confirmation of receipt of such notification by the relevant Party. The Contractor reserves the right to notify the duration and termination of force majeure exclusively on its operating social networks on the Internet and the website https://bitimpulse.com/.
If force majeure circumstances and their consequences continue to operate for more than six months, the Parties shall negotiate as soon as possible to identify alternative ways acceptable for both Parties to fulfill the terms of this Contract and reach appropriate agreements.

OTHER PROVISIONS OF THE CONTRACT

The Customer guarantees that all the terms of the Contract are clear to him and he accepts them unconditionally and in full, without any conditions, exceptions, and warnings.
Under circumstances that are not regulated by this Contract, the Parties undertake to follow the norms established by the legislation of Ukraine.
The contract is concluded in accordance with the requirements of the current legislation of Ukraine.
The Parties shall immediately notify the other Party in writing about the change of account details. Risks of consequences of the Party’s failure to fulfill the terms of this Contract, for failure to notify the other Party about the change of account details, shall be borne by the Party that fails to perform the duties of notifying the other Party.
The Parties agreed that all messages sent by the Parties to each other by e-mail have legal force and are accepted by the Parties indisputably similar to the messages sent by postal service.
The Parties confirms that this Contract is concluded in the full understanding by the Parties of its terms and terminology and in compliance with all general requirements that are necessary for the operation of the transaction by the legislation of Ukraine.
When using the business analytics software “Business Analytics Technologies” ©, any actions of the Customer that may harm or violate the intellectual property rights of any third parties are prohibited. For such actions, the Customer is responsible personally and in full, and also undertakes to compensate the Contractor and/or the corresponding copyright holder, whose rights are violated, all documented losses.
All materials transferred by the Contractor to the Customer are the results of the Contractor’s intellectual property. The Customer has the right to use such objects exclusively for personal purposes.
The text of this Offer may be unilaterally changed by the Contractor at any time, while the version posted on the site https://bitimpulse.com/ is considered relevant.