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Access and Use

These Terms of Access and Use (hereinafter referred to as the “License Agreement,” “License Agreement,” “Agreement”) constitute a public offer for concluding a license agreement between VOOPTY LLC (hereinafter referred to as the Licensor, Voopty CRM-ERP), acting on behalf of and in the interests of individual entrepreneurs and legal entities under agency agreements, and any natural person, individual entrepreneur, or legal entity (hereinafter referred to as the “Client”), which, together with the Privacy Policy, governs the terms of access and use of the Licensor’s software (Service) and the provision of services defined by this Agreement.

The subject of this Agreement is the provision of access and the right to use the Service by Voopty CRM-ERP, which performs automated administration and optimization of a complex of online order processing processes, provided that all restrictions and conditions for using the Service are complied with in accordance with its functionality and the terms of this Agreement.

This Agreement contains all the essential terms of the License Agreement and, in accordance with Articles 638, 641, and 642 of the Civil Code of Ukraine, in case of acceptance of all the following terms and payment for services, the Client becomes a person who has accepted the terms of this offer (having accepted the offer), which is equivalent to concluding an agreement on the terms defined by this Agreement (offer). If any of the terms defined by this Agreement are not accepted by a person intending to use the Service, such person has no right to use the Service provided under this Agreement.

By registering to use the Service, the Client and the persons to whom the Client will grant access to their account, as well as the Client’s Representative, agree to comply with the terms of this Agreement.

Definitions of Terms

  • Service: The services and products (software) provided through the websites located at: https://www.voopty.com.ua/, https://voopty.com/, and https://biz.voopty.com/.
  • Client: A natural person, self-employed person, entrepreneur, or legal entity who pays for the services and is the owner of the account.
  • Client’s Representatives (Representatives): Authorized persons of the Client who have the right to access the Service. There may be no more than three Representatives per Client, unless otherwise agreed.
  • Account Data: Information stored by the Licensor that allows for the identification of the Client and the Client’s Representatives and is necessary for managing and using the Service. Account Data does not contain information uploaded (stored) by the Client/Client’s Representatives, such as their contacts, projects, tasks, events, or other similar data, etc.
  • Content: Any information and materials that the Client/Client’s Representative uploads or publishes in the Service.
  • Confidential Information: Any information transmitted by the Client, the Client’s Representatives, including information entered into the Service by any possible means, as well as information of Voopty CRM-ERP that is considered its property or commercial secret, directly or indirectly, disclosed in any form by the parties after this Agreement takes effect.
  • Account: A record in the Licensor’s system that stores data allowing for the identification of the Client and the Client’s Representatives.
  • Technical Support: A set of measures that Voopty CRM-ERP may carry out within its established limits and scope to ensure the functioning of the Service, including informational and consulting support on the use of the Service.

1. Terms of Service Use. Security and Access

1.1. Only registered Clients have the right to use the Service. To gain access to the Service, individuals must provide their full name (legal name), a valid email address, and other information required for registration.

1.2. For registration, the Client undertakes to provide truthful and complete information about themselves and their Representatives as requested in the registration form and to keep this information up to date. Upon registration, the Client specifies their name, which will be used for future access to the Service. If the Client’s Representatives provide incorrect information or if Voopty CRM-ERP has reason to believe that the information provided by the Client is incomplete or false, Voopty CRM-ERP has the right, at its discretion, to block or delete the Client’s/Representatives’ account and to prohibit the Client/Representatives from using the Service.

1.3. Voopty CRM-ERP reserves the right to request confirmation of the data specified during registration from the Client/Administrator at any time and to request relevant documents in connection with this. The failure to provide such documents, at the discretion of Voopty CRM-ERP, may be equated to providing false information and lead to the consequences provided for in Clause 1.2 of this Agreement.

1.4. Upon registration, the Client specifies their phone number and email address, which will be used as the login for access to the Service, and independently chooses a login (a unique alphanumeric account name) and a password for accessing the account. Voopty CRM-ERP has the right to prohibit the use of certain logins and to set requirements for the login and password (length, allowed characters, etc.).

1.5. The Client/Client’s Representatives are solely responsible for the security (resistance to brute-force attacks) of the password they choose and must independently ensure the confidentiality of their password.

1.6. Each Client is provided with a unique access identifier to the Service. The Client must ensure that each Client’s Representative name is used only by the Client (in the Client’s activities) and is not used by other individuals.

1.7. The Client’s Representative must have the authority to administer and use the Service on behalf of the Client.

1.8. In the event of Service termination, Voopty CRM-ERP will only contact the Client for the deletion of the corresponding account data and to provide the opportunity for the Client to independently offload their Content.

1.9. Voopty CRM-ERP ensures access to the Service only via a web interface, in compliance with the provisions of this Agreement.

1.10. Voopty CRM-ERP uses a secure method of authentication and access to the Service, specifically by: a) managing the passwords of the Client and the Client’s Representatives and protecting passwords using appropriate password management software; b) transmitting passwords in an encrypted form.

1.11. The Client is responsible for protecting the Representatives’ names and passwords or other codes associated with the Service, as well as for the compliance of the Content with legal requirements.

1.12. The Client undertakes to comply with the policies and procedures for preventing the unauthorized use of the Client’s Representatives’ names and passwords and must immediately notify Voopty CRM-ERP of any suspicion of lost passwords or their unauthorized use by third parties.

1.13. Voopty CRM-ERP will notify the Client of any actions/events that, in Voopty CRM-ERP’s opinion, may lead or have led to unauthorized access, disclosure, use, and damage to the Client’s Content.

1.14. In case of a breach of security and the authentication process for accessing the Service, Voopty CRM-ERP will cooperate with the Client to determine the causes of the breach and identify any altered Content, and will also assist the Client in investigating and preventing a recurrence of the breach.

1.15. Voopty CRM-ERP implements measures to protect the Content and ensure its secure storage, taking into account technological developments and the cost of implementing such measures.

1.16. The Client undertakes not to independently and not to allow Representatives to perform the following activities:

  • Providing access to the Service for rental, lease, or temporary use by third parties;
  • Using the Service by broadcasting on websites, whether for commercial or non-commercial purposes;
  • Making modifications to the Service, its design, and its appearance without written consent from Voopty CRM-ERP;
  • Creating conditions for the use of the Service by persons who do not have personal rights to access and use the Service, other than the Client’s Representatives;
  • Disclosing (publishing) any fragments and components of the Service, including by giving other persons the opportunity to copy them;
  • Attempting to circumvent the Service’s technical restrictions;
  • Transferring rights to use the Service to third parties;
  • Providing access to the platform or its functionality to persons residing in sanctioned countries such as Russia and Belarus or visiting these countries.

1.17. API Access. Voopty CRM-ERP provides API access, however, this right is available exclusively on the Whitelabel plan. Other plans do not support API access.

2. License Terms

2.1. The Service is a result of intellectual activity and is an object of the copyright and intellectual rights of Voopty CRM-ERP, which are regulated and protected by Ukrainian intellectual property law and international legal norms.

2.2. The algorithms of the Service and its source codes (including their parts) are a commercial secret of Voopty CRM-ERP. Any use of them or use of the Service in violation of the terms of this Agreement is considered a violation of Voopty CRM-ERP’s rights and is a sufficient reason to deprive the Client of the rights granted under this Agreement and to resolve the matter in accordance with the current legislation of Ukraine.

2.3. Voopty CRM-ERP guarantees that it possesses all the necessary rights under this Agreement to grant them to the Client, including the documentation for the Service.

2.4. The Client is granted a non-exclusive, non-transferable, limited license to access and use the Service. The Client is granted the right to host their Content and to use the functional capabilities of the Service within the limits defined by the chosen tariff plan.

2.5. Voopty CRM-ERP does not review or verify the Content uploaded by the Client and does not acquire any rights, including intellectual property rights, to the Client’s Content.

2.6. The Client undertakes to familiarize the Representatives with the contents of this Agreement and to ensure their compliance with its provisions. The Client is responsible for the actions/inactions of the Representatives during the use of the Service, including the disclosure/deletion of Content and the disclosure/distribution of confidential information.

2.7. The Client has no right to copy, resell, or in any other way reproduce or alienate the Service. The Client/Representatives undertake not to use access to the Service or any part of the Service, except for the Client’s own (internal) activities.

2.8. This Agreement does not grant the Client and the Client’s Representatives any right to use any trademarks, logos, domain names, and other objects of exclusive rights used by Voopty CRM-ERP when offering the Service. The Client undertakes to use the Service in such a way as not to disseminate information that is false and that may create a misleading impression about the owner of the Service or the services and products provided by Voopty CRM-ERP through the websites located at: https://www.voopty.com.ua/, https://voopty.com/, and https://biz.voopty.com/.

2.9. The Client has no right to upload, publish, transmit, store, or distribute through the Service (or directly to the Service) viruses, self-replicating computer programs, or any destructive codes, viruses, or other malicious software.

2.10. With the exception of this non-exclusive license granted under this Agreement, the Client acknowledges and agrees that all ownership rights, exclusive rights, and other rights related to the Service belong to Voopty CRM-ERP. The Client is authorized to use the Service exclusively through the websites https://www.voopty.com.ua/, https://voopty.com/, and https://biz.voopty.com/.

2.11. Voopty CRM-ERP reserves the right to take any actions at its discretion at any time that it deems necessary regarding Content that violates the terms of this Agreement, including its deletion.

2.12. Voopty CRM-ERP reserves the right to add, change, or terminate, temporarily or completely, any functional features of the Service at any time, with or without notice to the Client, except in cases where Voopty CRM-ERP makes changes that significantly reduce the functionality of the Service. In the latter case, Voopty CRM-ERP will send a corresponding notification to the Client 30 (thirty) days in advance, and the Client has the right to terminate this Agreement by sending a written request or by non-payment for the Service.

2.13. Voopty CRM-ERP reserves the right to temporarily suspend access to the Service for maintenance, repair, or installation of updates. Voopty CRM-ERP will send a corresponding notification at least 3 (three) business days before the suspension of access. Voopty CRM-ERP has the right to temporarily suspend access to the Service under conditions that require immediate action to protect the Service. Voopty CRM-ERP will take all reasonable measures and means to minimize the effect of the Service’s suspension.

2.14. The Client has the right to regularly and independently store all of their Content on third-party and self-selected services (cloud, local, etc.), using the appropriate technical means and tools for this purpose, without violating the intellectual property rights of Voopty CRM-ERP.

2.15. The Client may contact Voopty CRM-ERP for assistance with offloading their Content for an additional fee, which is separately agreed upon with Voopty CRM-ERP and paid in full before the Content offload.

3. Payment, Change of Access and Use Rights to the Service

3.1. The Client shall pay for the use of the Service under the terms set out below.

3.2. Payment for access and the right to use the Service is made by the Client via non-cash transfer of funds to the payment system or the bank details of Voopty CRM-ERP.

3.3. The amount of payment for access and use of the Service offered by Voopty CRM-ERP depends on the volume of services consumed according to the tariff on the website https://voopty.com/tariffs/.

3.4. The fee for using the Service is paid on a prepaid basis through a monthly or annual subscription. Payment is made on the day the subscription is set up and is subsequently automatically charged on the same calendar day of each subsequent month or year. All payments are non-refundable, except for the cases provided for in Clause 3.10 of this Agreement.

3.5. In case of non-payment for the use of the Service within 7 (seven) calendar days with a negative balance, Voopty CRM-ERP will block access to the Service until payment is made. If payment is made within 14 (fourteen) days from the due date, the Client is obliged to pay the cost of use for the entire previous period. An account that has been blocked for more than 3 (three) months is subject to irreversible deletion along with all of the Client’s data.

3.6. In addition to the fee for using the Service, the Client may incur additional costs associated with accessing the Service, including but not limited to, fees for Internet access, data roaming, etc.

3.7. Voopty CRM-ERP has the right to unilaterally change the cost of tariffs for granting the right of access and use of the Service by publishing such changes on https://www.voopty.com.ua/, https://voopty.com/, or https://biz.voopty.com/. Such changes come into force from the moment of their publication, unless a different term and procedure for the entry into force of such changes are stipulated upon their publication. In the event of a change in the cost of tariffs for granting the right of access and use of the Service, Voopty CRM-ERP will notify existing clients of the Service of such changes 30 (thirty) calendar days in advance by sending an email to the Client’s email address or by notifying them through their personal accounts.

3.8. In the event of an early termination of the Agreement at the initiative of Voopty CRM-ERP for reasons not related to the Client’s violation of the terms of this Agreement, a portion of the paid amount will be refunded to the Client in proportion to the unused period.

3.9. In the event that the Service is unavailable due to the actions or inactions of Voopty CRM-ERP, the fee for using the Service (monthly or annual) will be recalculated, and the Client will be granted an additional period of Service use proportional to the period when the Service was unavailable, or other services will be offered at the discretion of Voopty CRM-ERP.

4. Term of the Agreement and Termination of Access and Use Rights to the Service

4.1. The term of this Agreement begins from the moment of acceptance of this offer and is valid until the use of the Service is terminated at the end of the corresponding period or for other reasons provided for in the Agreement. Acceptance is considered to be the payment being made.

4.2. Voopty CRM-ERP has the right to unilaterally terminate this Agreement without explanation, by informing the Client in writing (via the email address with which the Client is registered or by other means) 30 calendar days before the date of termination of Service use.

4.3. In case of a violation of the terms of this Agreement by the Client, Voopty CRM-ERP has the right to unilaterally terminate this Agreement, by notifying the Client one business day before the planned date of such termination, without any further payment of compensation to the Client related to the said termination.

4.4. If the Client intends to cancel the right to access and use the Service or to annul the account, the Client has the opportunity to do so on their own behalf at any time by using the corresponding functions of the Service. Termination of the right to access and use the Service or annulment of the account in any other way is not permitted.

4.5. The Client must delete all of their Content from the Service before the termination of this Agreement. Voopty CRM-ERP will delete or destroy all Content stored in the Service 14 (fourteen) calendar days after the termination of the Agreement or the termination of the right to access and use the Service. Voopty CRM-ERP is not obligated to notify Clients about the deletion of their Content after the termination of the Agreement or the right to access and use the Service. Voopty CRM-ERP is not liable to the Client and Representatives for the deletion of Content in accordance with this Agreement.

4.6. In the event of Service termination for any reason, the Client will have 14 (fourteen) days to transfer Content to another location before its deletion. Voopty CRM-ERP may provide the Client with access to their Content after the termination of the Agreement or the termination of the right to access and use the Service for a fee.

4.7. The Service is unavailable to persons residing in or staying in the territory of countries recognized as aggressor states in accordance with the legislation of Ukraine (in particular, the Russian Federation and the Republic of Belarus); who are citizens or tax residents of the specified countries; who have direct or indirect business, financial, or other ties with legal or natural persons registered in or staying in the territory of such countries. In the event that such information is discovered, Voopty CRM-ERP has the right to unilaterally terminate the provision of services and/or block access to the Service without a refund of paid funds and without providing facts confirming this violation.

5. Confidential Information. Personal Data Protection

5.1. Each party agrees to recognize all Confidential Information as confidential and not to use or disclose it, except when necessary for the performance of this Agreement.

5.2. The Client, who, within the meaning of the Law of Ukraine “On Personal Data Protection,” acts as the Owner of personal data, or the Recipient, or the Administrator with respect to contacts (employees, clients, customers, etc.) — subjects of personal data, and Voopty CRM-ERP undertake to comply with the provisions of the said Law regarding the processing of personal data (in particular, using information (automated) systems).

5.3. By accepting this Agreement, the Client guarantees that they have all legal grounds to collect, register, accumulate, store, adapt, change, update, use, and distribute (publish, transfer), anonymize, and destroy personal data and other information that constitutes the Content using the Service.

5.4. Voopty CRM-ERP takes measures to ensure the preservation and non-dissemination of personal data and to prevent unauthorized processing, loss, or destruction. Voopty CRM-ERP will act only on behalf of the Client regarding the personal data that has been processed by Voopty CRM-ERP.

6. Liability

6.1. Violation of the terms of this Agreement entails liability as provided by the legislation of Ukraine.

6.2. Voopty CRM-ERP is not liable to the Client/Representatives for any damages, any loss of income, profit, information, or savings related to the use or inability to use the Service, including in the event of prior notification by the Client/Representatives of the possibility of such damages, or for any third-party claim.

6.3. Voopty CRM-ERP is released from liability for non-performance or improper performance of this Agreement if this occurred as a result of external circumstances and/or actions (inactions) of third parties that are beyond the control and/or without the fault of Voopty CRM-ERP.

7. Technical Support

7.1. Voopty CRM-ERP provides technical support to the Client and their Representatives, including on issues related to the functionality and features of the Service’s operation on standard configurations of supported operating and other systems.

7.2. The Client and their Representatives have the right to contact the technical support service regarding the existing functionality of the Voopty CRM-ERP Service without an additional fee.

7.3. For technical support, Voopty CRM-ERP has the right to request information from the Client and their authorized Representatives regarding account data and/or data from third-party services integrated with the Voopty CRM-ERP system.

7.4. Technical support for the Client and their authorized Representatives with active access to the Service is provided in the in-app chat, by phone, email at support@voopty.com, or on Telegram: https://t.me/vooptysupport.

7.5. The Client may request additional services for improving the functionality of the Service, accelerating the implementation of certain developments, or developing custom functionality for an additional fee. The cost of one hour of the team’s work starts from $50 (in hryvnias at the NBU exchange rate). The team’s work includes: a meeting with the team to discuss such functionality, its development, and testing. All additional paid developments are an integral part of the Voopty CRM-ERP system and may be available to all Service users without additional consent from the Client who paid for these improvements.

8. Other Provisions

8.1. Each party agrees to perform this Agreement in accordance with the legislation of Ukraine. All disputes, directly or indirectly, that may arise from this Agreement shall be resolved in accordance with the current legislation of Ukraine.

8.2. The Client undertakes to compensate Voopty CRM-ERP for damages that may arise as a result of the Client’s/Representatives’ violation of the obligations established by this Agreement. Voopty CRM-ERP will immediately notify the Client of any claim or damage that directly or indirectly has as its subject the Client’s/Representatives’ violation of the obligations established by this Agreement. The Client undertakes to assist Voopty CRM-ERP in defending against any claims, lawsuits, or complaints received from third parties if they arose as a result of the Client’s/Representatives’ violation of the obligations established by this Agreement.

8.3. The Service may be incompatible with the Client’s computer or other equipment. Voopty CRM-ERP does not guarantee any results that the Client intended to achieve (obtain) by using the Service.

8.4. This Agreement is the complete agreement between Voopty CRM-ERP and the Client and governs the Client’s use of the Service, replacing any previous agreements between the Parties (including previous versions of the Agreement).

8.5. Voopty CRM-ERP has the right to engage third parties to support the functionality of the Service, remaining liable to the Client for the actions of the engaged parties within the framework of this Agreement.

8.6. Voopty CRM-ERP may provide the option of integrating the Service with products from third-party providers at the Client’s choice and risk. In this case, Voopty CRM-ERP is not responsible for the consequences of such integration. Voopty CRM-ERP has the right to change or terminate the integration of the Service with other services and products of third-party providers without prior notice to the Client. Such services are paid for and are discussed by the parties separately.

8.7. Service unavailability (within the meaning of Clause 3.10 of this Agreement) means any period of time exceeding 60 minutes during which the Client/Representative cannot access the Service due to a service failure, with the exception of scheduled downtime.

8.8. On all matters not regulated by this Agreement, the Client and Voopty CRM-ERP are guided by the current legislation of Ukraine.

8.9. Voopty CRM-ERP has the right to unilaterally change the terms of this Agreement by posting the amended text online on the website https://www.voopty.com.ua/, https://voopty.com/, or https://biz.voopty.com/. In the event that Voopty CRM-ERP makes changes to the terms of this Agreement, they come into effect from the moment of publication, unless a different term and procedure for the entry into force of such changes to this Agreement are stipulated upon their publication.

Details:

TOV VUPTI

Recipient code: 45850737

Recipient account: UA853052990000026004025022501

Bank name: JSC CB “PRIVATBANK”

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