DEAR CUSTOMER! BEFORE USING THE FIELDBI PROGRAM, PLEASE READ THIS CUSTOMER AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE RELATIONSHIP BETWEEN YOU AND FIELDBI AND THE TERMS OF YOUR USE OF THE FIELDBI PROGRAM. YOU HAVE THE RIGHT TO USE THE PROGRAM ONLY IN THE EVENT OF ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. THE BEGINNING OF YOUR USE OF THE PROGRAM MEANS YOUR UNCONDITIONAL ENTERING TO THIS AGREEMENT AND YOUR FULL AGREEMENT WITH ALL ITS TERMS.
This Client Agreement for the "FieldBI" software usage (hereinafter - the "Agreement") is concluded between the Limited Liability Company "FIELDBI", which is registered at Ukraine, 01032, Kyiv, 120 Saksahanskoho street, office 17, USREOU code 43044004 (hereinafter - "FieldBI") and you, the person who receives the right to use the Program (hereinafter - the "Client"), under the following conditions. 1. Definitions
1.1. "Program" - software products "FieldBI", which are the result of computer programming in the form of an online service (both in general and its components), hosted on external servers and consisting of two blocks: FieldBI (system for agricultural land management) and AgroTop (agricultural production management system).
1.2. "Client" - a legal or natural person who has obtained the right to use the Program under the terms of this Agreement and has the necessary legal capacity and legal capability to enter into this Agreement.
1.3. "Tariff" is a type of Program that differs from others in terms of functionality and term of use.
1.4. "Site" means the FieldBI website located on the Internet at https://fieldbi.io/
1.5. "Partner" is a person authorized by FieldBI to resell the Program to customers.
1.7. Account - the Client's account on the Site, necessary for his authentication and providing access to his Personal cabinet.
1.8. The Client's personal cabinet is a section of the Restricted Access Site, through which the Client, having passed the authorization procedure by entering the login and password, has the opportunity to use the Program.
1.9. "User" - a person to whom the Client provides access to use the Program. 2. The conclusion of the agreement
2.1. This Agreement is an offer to enter into an electronic agreement (offer). The agreement is concluded by offering to conclude it by FieldBI and its acceptance by the Client.
2.2. FieldBI offers to enter into this Agreement by posting it on the Internet. The offer to enter into the Agreement includes the conditions contained in other electronic documents, which are an integral part of it. Such documents include, but are not limited to:
2.3. Customer provides FieldBI with a response on full and unconditional acceptance (acceptance) of FieldBI's offer to enter into this Agreement by performing any of the following actions:
- Registration of the Client in the Program and creation of an account;
- Acceptance by the Client of the terms of the Agreement on the Site;
- Any use by the Client of the Program;
- In case of concluding a separate agreement for the purchase of the right to use the Program with FieldBI or the Partner - by concluding such an agreement;
- Purchase of the right to use the Program in FieldBI or Partner.
2.4. If the Client does not agree with any of the terms of this Agreement, he is not entitled to use the Program. Full and unconditional acceptance by the Client of the terms of this Agreement is a necessary condition to use the Program.
2.5. This Agreement shall be concluded at the moment of the Client's acceptance of the offer to conclude it (but in any case, not later than the moment of the beginning of his use of the Program) and is valid until the moment of its termination. Termination of the Agreement does not terminate the obligations arising during its validity. 3. Subject of the agreement
3.1. Under this Agreement, FieldBI grants the Client the right to use the Program for its functional purpose under the terms of the Agreement.
3.2. In the event if the Client purchases the right to use the Program at a paid tariff, the terms of such purchase may be determined by:
3.3. At certain tariffs (including the "FieldBI: Free tariff" and special offers), at the discretion of FieldBI the Program may be provided for its use for informational purposes without payment of a fee for its provision.
In any case, FieldBI reserves the right at any time to unilaterally terminate the Agreement on the rate "FieldBI: Free" and special offers without applying to it liability measures.
3.4. With the consent of FieldBI, the Client has the right to change the tariff during the entire term of the right to use the Program.
3.5. The term of the right to use the Program begins from the moment of granting the Client with access to the Program on the terms of the relevant tariff. In case of expiration of the right to use the Program and failure of the Client to purchase the right to use the Program on the terms of a paid tariff or special offer, the Client's access to the Program from the moment of expiration of such term shall be limited.
3.6. All provisions of this Agreement apply to the Program as a whole and to its individual components, which may not be shared and / or used on different computers.
3.7. In the sense of paragraph 26-1 of subsection 2 of section XX "Transitional Provisions" of the Tax Code of Ukraine, the operation of granting the Client with the right to use the Program under this Agreement shall be the supply of software products and shall be exempted from VAT. 4. Amendments to the agreement
4.1. The terms of this Agreement may be changed by FieldBI at any time by posting an updated version of the Agreement at: https://fieldbi.io/agreement-en/
FieldBI notifies the Customer on any changes by sending him a notice through the Program during or after entering the Personal cabinet. The Client is duly notified on changes in the terms of the Agreement from the time FieldBI have sent such notice.
4.2. The Client undertakes to accept any changes made by FieldBI to the terms of the Agreement. If the Client does not accept such changes, he is obliged to notify FieldBI in writing on the non-acceptance of the changes within five days from the moment of notifying the Client. In case if the Client has not notified FieldBI of the non-acceptance of changes to the Agreement, it is considered that the Client has accepted such changes from the sixth day after notification of them.
4.3. In case of non-acceptance by the Client of changes to the Agreement, its validity is terminated automatically at the end of the term of the right to use the Program. In this case, the Client has no right to extend the validity of the right to use the Program. If the right to use the Program is granted to the Client for an indefinite period, the Agreement is terminated within five days from the date of notification of the Client about the change of the terms of the Agreement.
4.4. The Client shall have the right to receive this Agreement by e-mail in a form that makes impossible to change its content. The Agreement received by the Client in such form shall be valid until the amendments to the Agreement are made in accordance with the procedure provided for in this Article.
4.7. FieldBI shall have the right to unilaterally change the list and conditions of tariffs. 5. Other provisions
5.1. The Client shall be identified by entering information (unique name, password and other data) in the registration form on the Site.