Terms and Conditions

Please read these terms and conditions carefully. All contracts that the provider may enter into from time to time for the provision of the hosted services shall be governed by these terms and conditions, and the provider will ask the customer for the customer's express acceptance of these terms and conditions before providing any such services to the customer.

1. Definitions

<aside>

1.1 Except to the extent expressly provided otherwise, in these terms and conditions:

• account means an account enabling a person to access and use the hosted services, including owner accounts and user accounts;
• agreement ****means a contract made under these terms and conditions between the provider and the customer;
• business day means any weekday other than a bank or public holiday in Ukraine;
• business hours means the hours of 11:00 to 16:30 GMT/UKR ****on a business day;
• amount ****means the amounts specified as at the effective date, in the currency as displayed based on the customer's location;
• customer ****means the person or entity identified as such in the services order form;
• customer data means all data uploaded to or stored on the platform by the customer; transmitted by the platform at the instigation of the customer; supplied by the customer to the provider for uploading to, transmission by or storage on the platform; or generated by the platform as a result of the use of the hosted services by the customer (but excluding analytics data relating to the use of the platform and server log files);
• customer personal data means any personal data that is processed by the provider on behalf of the customer in relation to the agreement;
• data protection laws means all applicable laws relating to the processing of personal data including, while it is in force and applicable to customer personal data, the general data protection regulation EU 2016/679;
• effective date means following the customer completing and submitting the online services order form published by the provider on the provider's website, the date upon which the provider sends to the customer an order confirmation;
• force majeure event means an event, or a series of related events, that is outside the reasonable control of the party affected including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars;
• hosted services means the **SILKIE** software and files that the provider will provide to each customer as a service via the internet in accordance with these terms and conditions;
• intellectual property rights means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights and these intellectual property rights include copyright and related rights, database rights, confidential information, trade secrets, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models and rights in designs;
• merchant of record Volet **is the merchant of record and authorized reseller of the product for the provider, which means that you purchase the product from **VOLET using the services, but the product is licensed to you by the provider;
• personal data has the meaning given to it in the data protection laws applicable in the EU ****from time to time;
• platform ****means the platform managed by the provider and used by the provider to provide the hosted services;
• provider ****means SILKIE the company that provides services via the internet in accordance with these terms and conditions;
• services ****means any services that the provider provides to the customer, or has an obligation to provide to the customer, under these terms and conditions;
• services order form means an online order form published by the provider and completed and submitted by the customer incorporating these terms and conditions by reference;
• support services ****means support in relation to the use of, and the identification and resolution of errors in, the hosted services, but shall not include the provision of training services;
• term ****means the term of the agreement, commencing in accordance with clause 2.1 and ending in accordance with clause 2.2;
• terms and conditions ****means all the documentation containing the provisions of the agreement, namely the main body of these terms and conditions and SCHEDULE 1 including any amendments to that documentation from time to time. </aside>

2. Term

<aside>

2.1 The agreement shall come into force upon the effective date.

</aside>

<aside>

2.2 The agreement shall continue in force indefinitely, subject to termination in accordance with clause 15.

</aside>

3. Hosted Services

<aside>

3.1 The provider hereby grants to the customer a non-exclusive license to use the hosted services by means of a supported web browser in accordance with the documentation during the term.

</aside>

<aside>

3.2 This clause 3.2 is applicable exclusively when the customer is not part of a team account. The license granted by the provider to the customer under clause 3.1 is contingent upon the hosted services being utilized by no more than a single concurrent user at any given time.

</aside>

<aside>

3.3 This clause 3.3 applies exclusively when the customer is a team manager or team leader of an account. The license granted by the provider to the customer under clause 3.1 is conditional upon the hosted services not being used at any moment by more than the specified number of concurrent users in the customer team account, provided that the customer may increase or decrease the number of concurrent user licenses following the procedure outlined therein.

</aside>

<aside>

3.4 Except to the extent expressly permitted in these terms and conditions the license provided by the provider to the customer under clause 3.1 is subject to the following prohibitions:

1. the customer must not sub-license its right to access and use the hosted services;
2. the customer must not permit any unauthorized person to access or use the hosted services;
3. the customer is prohibited from republishing or redistributing any content or materials from the hosted services;
4. the customer must not make any alteration to the platform, except as permitted by the documentation;
5. the customer is not permitted to conduct or instruct anyone else to perform any load testing or penetration testing on the platform or hosted services without the explicit prior written consent of the provider. </aside>

<aside>

3.5 The customer shall employ reasonable efforts, including suitable security measures regarding account access information, to guarantee that no unauthorized individual gains access to the hosted services through an account.

</aside>

<aside>

3.6 The provider shall make reasonable efforts to ensure the availability of the hosted services to the customer at the gateway between the public internet and the network of the hosting service provider for the hosted services. However, a 100% availability guarantee is not provided.

</aside>

<aside>

3.7 The customer must abide by the acceptable use policy detailed in SCHEDULE 1 and must ensure that all individuals using the hosted services with the customer's consent or via an account adhere to the acceptable use policy outlined in SCHEDULE 1.

</aside>

<aside>

3.8 The customer must not use the hosted services in any way that causes, or may cause, damage to the hosted services or platform or impairment of the availability or accessibility of the hosted services.

</aside>

<aside>

3.9 The customer must not use the hosted services:

1. in any manner that is unlawful, fraudulent, or detrimental;
2. in association with any activity or purpose that is unlawful, fraudulent, or harmful. </aside>