END USER LICENSE AGREEMENT
ULUD (hereinafter - “the ULUD Platform”, “the Platform”) is a partner marketing platform providing services on the design and management of an affiliate network introduced by ULUD LTD (hereinafter – “we”, “our”, “us”, “the Company”). The Company is registered in the United Kingdom with the location of 91 Battersea Park Road, London, England, SW8 4DU, registration number: 13309068. The present document makes an integral part of the entire set of documents regulating the operation of the Platform.
The present End User License Agreement (hereinafter – the Agreement) is a legally binding agreement concluded between ULUD LTD (hereinafter – the Owner) that is the holder of the exclusive rights for the ULUD partner marketing platform (hereinafter – the Platform, the Software, the Solution) and natural or legal person who intends to use the Platform directly in their activities without authority to transfer the rights for the use of the Platform to third parties (hereinafter – the Licensee, the End User). As the Owner, ULUD LTD has the right to collect fees from Users. Terms and conditions of the present Agreement apply to the entire Platform, the exclusive rights for which are the property of the Owner.
The Licensee and the Owner together are hereinafter referred to as the Parties, separately – the Party.
If the Licensee does not agree to accept the conditions of the present Agreement, the Licensee does not have the right to use the Platform. By using any of the Platform services the Licensee confirms his/her full and unconditional acceptance of all the conditions of the present Agreement and that he/she is obliged to comply with them.
The Agreement applies to the Software, the information and applications (additional software) of the Owner, making the part of the specified Software, any of its updates and/or modifications, any of their components (parts) (including fonts, texts (including the documentation for the Software or its part) and other copyright objects) (together hereinafter referred to as ULUD, the Platform).
ULUD may also include the software developed by the partners of the Owner and/or other authors. If such software obtains its own license agreement with an end-user, the provisions of the present Agreement do not apply to it. In all other cases, all the conditions stated in the present Agreement apply to ULUD and to all its components separately. The Owner guarantees the obtaining of all the respective rights for the software used in frames of the Platform developed by the partner companies and/or other authors.
All the rights for ULUD, the information and the applications (additional software), any copies or components (parts) of ULUD (including fonts, texts (including the documentation for the Software or its part) and other copyright objects) are the property of the Owner and are protected by the applicable law as well as by the provisions of the present Agreement.
GRANT OF LICENSE
The Owner provides the partner marketing solution (the Software) by means of the https://ulud.com (the Website). Provision of the Solution presupposes various packages of services and functions combined to be a perfect fit for the users’ needs.
The limited rights granted under the present License Agreement make users able to use all the services and functions provided for by the terms and conditions of a particular package.
The present End User License Agreement grants the above-stated rights for the period stipulated by the present Agreement or as soon as the User terminates the Agreement by means provided for by the present Agreement.
USE OF SOFTWARE
You agree to use the Software in a way that does not anyhow negatively affect the entire operation of the Platform.
You agree to use the Software in a way corresponding to all the legal regulations of the country where the Software is being used including the legal provisions regarding copyrights and other intellectual property rights.
You agree to use the Software and its functions only in a way that does not limit access possibilities of the other end users.
The term “Account” refers to the user’s account containing the authentication and other data provided by the End User in the process of use of the Software.
The functions of the Software are available for the User only after logging in.
To log in, the End User shall provide the information provided for by the login form. If the Administration has reasons to believe that the information provided by the End User is not reliable and current, the Administration has the right to limit the access to the Account or even to delete the Account.
The Administration has the right to determine requirements for login and password (number of digits, valid characters, etc.).
As a result of logging in the End User’s Account shall be created.
The End User shall be responsible for the security of the chosen by him/her authentication data and its confidentiality.
The End User shall be responsible for all the actions committed with the use of the authentication data of the End User. All the actions made after authorization with the help of authentication data shall be considered to be committed by the End User himself except for the cases when the End User preliminary notifies the Administration about possibilities of unauthorized access and/or any violation of confidentiality of his/her authentication data.
The End User shall be responsible for the possible loss of data as well as other consequences of any nature that may occur as a result of the violation of the Agreement by the End User.
You agree not to use the Software and the updates connected to it for the following:
to copy or to use the Software or its part violating the provisions of the present Agreement;
to transfer the Software or its part to the third parties without the consent of ULUD LTD (including the applications, services, codes, and the source code);
to use the Software by fraudulent means;
to delete the copyright notifications or statements contained in the Software;
to attempt to destroy, bypass, change or deactivate the Platform protection system or other digital products that make an integral part of the ULUD Platform;
to perform other unacceptable or illegal actions.
SERVICES OF THE SOFTWARE
The Software provides you with access to the applications and Services of the ULUD LTD and its partners (hereinafter – the Services) that make part of the Software. However, in connection with the fact that some services are developed for particular regions, they may be out of access in all the languages and in all the countries: some functions may be different depending on the region. Some functions may be not provided by your Provider. To properly operate the Platform needs Internet access.
Services provide different types of information. The ULUD Platform and its affiliates/ licensees give no assurance regarding the information given by any service including access, accuracy, completeness, reliability, and timeliness of the geographical data, the exchange information, etc.
You agree to pay the License Fees for the use of the Software and Services in accordance with the Pricelist published on the official website of the Platform https://ulud.com. You also agree that the Owner has the right to make amendments to the Pricelist at its own discretion. The Owner shall notify the Users about such amendments by means of the relevant publications on the website. The License Fees are given in USD.
The calculation period shall be 1 month in the form of an advance payment. The 1st calculation period shall start from the date of activation of the Account.
You agree to pay for all the operations requiring payment and taxes applied to them in full in accordance with the invoice and upon the expiration date specified in the invoice.
The VAT is not included in the Pricelist. If it is provided for by the invoice you are obliged to include it in your payment.
If you don’t make payment within the time period specified in the invoice, the Owner has the right to limit your access to the services of the Platform.
You agree that if you decide to choose another package of services in accordance with the current Pricelist the relevant update will take place starting with the new calculation month.
You are obliged to provide the relevant banking details you are intending to use to pay for the use of the Platform.
TERM AND TERMINATION
The present End User License Agreement shall enter into legal force from the moment you receive access to its resources. You cannot start your account without accepting the terms and conditions stated in the present Agreement. The present Agreement shall remain in force and shall be renewed on a monthly basis until the expiration or termination date provided for by the present Agreement. The term of the License expires together with the preliminary paid term. In the event of a contradiction with other documents making the entire package of the documents controlling the operation of the Platform, the present Agreement shall prevail.
The present Agreement shall be automatically terminated without submitting a written notification in case you violate or do not follow some restrictions or requirements stated in the present Agreement including payment of the applicable fees.
You can terminate the present Agreement by means of submitting written notification to the Administration. The Administration has the right to terminate the Agreement at your request within 30(thirty) calendar days from the receipt of the notification.
PERSONAL DATA USE
You agree that ULUD LTD has the right to collect and use your personal data and the information relating to it including, without limitation, the technical information about your device that is collected to ease the process of developing updates of the Platform and product support. The Platform can use this information if it is done in a form that does not allow identifying you personally and for the purpose of exploitation, provision, improvement, and development of the products, services, and technologies of ULUD LTD Accepting the present provision, you agree to provide ULUD LTD with the right to collect, record, systemize, store, clarify, export, use, transfer, access, depersonalize, block, delete the data the Platform receives from you.
You cannot provide the Software, the Documentation or the License to any third party or to use the Software, the Documentation or the License for any purpose except for the cases explicitly provided for by the present Agreement. You agree to cooperate with the Owner and to assist in revealing or preventing any events of the unauthorized use, copy or disclosure of the information relating to the Software and/or the Documentation or any of their part.
You agree that the Software and the Documentation are the properties of the Owner and that the Software and the Documentation are protected in accordance with the applicable legislation on copyright and other regulations on intellectual property as well as provided for by international agreements. Besides, you accept and agree in frames of interrelation among you and ULUD LTD, that ULUD LTD and its licensors who are the third parties to ULUD LTD, are the owners of all the rights, as well as of the property and participatory rights with respect to the Software and the Documentation including the rights for the objects of intellectual property protected by the legislation on copyright, commercial secrets, patent legislation and/or legislation on trademarks. The present Agreement does not provide you with any property and/or participatory rights with respect to the Software and the Documentation. All and any trademarks and service marks that are used by ULUD LTD with respect to the Software or the Services provided by legal persons of the Platform shall be the marks owned by ULUD LTD The present Agreement does not provide you with any right or license of participation in such marks and you shall not claim any right in connection with any license or participatory right with respect to such marks or any words or project solutions confusingly similar to.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE OWNER AND/OR THE PARTNERS DO NOT GUARANTEE THE WORKABILITY OR GAINING SOME RESULTS BY USING ANY OF THE SOLUTIONS OR DOCUMENTS. THE SOFTWARE SHALL BE PROVIDED ‘AS IS’. THE COMPANY, THE PROVIDER AND/OR THE PARTNERS DO NOT PROVIDE ANY EXPRESSED OR IMPLIED WARRANTIES. THEY IN MAXIMUM VOLUME ALLOWED BY THE APPLICABLE LAW DISCLAIM SUCH REPRESENTATIONS AND WARRANTIES. THE OWNER DOES NOT GUARANTEE THAT THE EXPLOITATION OF ANY SOLUTION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOLUTION WILL FUNCTION ON A CERTAIN DEVICE OR IN A CERTAIN CONFIGURATION OR THAT THE SOLUTION WILL PROVIDE COMPLETE PROTECTION OR INTEGRITY OF THE DATA, INFORMATION OR MATERIALS STORING OR TRANSFERRING THROUGH THE INTERNET.
THE OWNER ASSUMES NO RESPONSIBILITY FOR DIRECT, INDIRECT OR CONSEQUENTIAL LOSS, INCLUDING LOSS OF PROFIT, CONFIDENTIAL INFORMATION LOSS THAT MAY OCCUR AS A RESULT OF THE SOFTWARE EXPLOITATION INCLUDING BECAUSE OF POSSIBLE MISTAKES IN THE TECHNICAL DOCUMENTATION. THE OWNER ASSUMES NO RESPONSIBILITY FOR THE WORKABILITY OF THE PLATFORM IN CASES OF DAMAGE OF THE INFORMATION CARRIERS, COMPUTER VIRUSES, POWER OUTAGES, EQUIPMENT FAILURE, AND WILFUL DAMAGE OF THE PLATFORM OR VIOLATION OF THE INSTRUCTIONS ON THE EXPLOITATION.
The Parties shall be released from liability for full or partial failure to implement their obligations under the present Agreement, if it has become the result of natural phenomena, namely, fire, flood, earthquake, etc., and if these circumstances have directly affected the implementation of the Agreement. In this case, the term of implementation of obligations under the present Agreement shall be postponed in proportion to the time during which such circumstances have been in force.
The Party invoking force majeure shall immediately inform the other Party of the beginning and the end of the action of such circumstances. The notification shall contain data on the nature of the circumstances and, if possible, an assessment of their impact on the implementation of the obligations under the Agreement as well as on the time for the performance of it.
If the Party invoking force majeure fails to notify the other Party of the beginning and the end of the action of such circumstances within 15 days since it has become aware of it, it will lose its right to invoke the circumstances thereafter.
The present Agreement shall be published on the Owner’s official website https://ulud.com. The terms and conditions of the present Agreement can be amended by the Owner unilaterally extra-judicially by means of publishing a new edition of the Agreement on the official website of the Owner. In this case, new terms and conditions of the present Agreement shall enter into force from the date following the date of publication of a new edition of the Agreement on the official website of the Owner.
If any competitive court considers any provision of the present Agreement invalid, all the other provisions shall remain in full force.
The Owner has the right to engage any third party for the purpose of functioning and/or maintenance of the Website and/or the Software under the present Agreement.
The Parties shall be considered independent contractors. The present Agreement does not presuppose any terms and conditions on the creation of any partnership, agency, franchise, joint venture or employment relationship.
The End User shall not have the right to make any statements on behalf of the Owner.
Pre-court procedures of settlement of the disputes arising from the present Agreement or in connection to it shall be mandatory. The claim shall be considered a written requirement of either Party submitted to another Party to commit or to refrain from committing certain actions. The claim shall be written by an authorized person. The claim response period shall be 14 (fourteen) calendar days from the moment of receipt of the claim. In the case of full or partial refusal to satisfy the claim or in the case of non-receipt of the answer in the stipulated term, the pre-court dispute settlement procedures shall be considered completed.
In any matter not covered by the present Agreement, the Parties shall be guided by the applicable legislation.
You can contact the Owner for the purpose of receipt of more detailed information at the following email address: [email protected].