The rights and obligations of users and Checkiant
Chernivtsi, Ukraine ("Checkiant")
The user for the purposes of these Terms & Conditions is any entity that uses any service and/or application offered through checkiant.com and/or other digital distribution platform for applications, whether provided by a local computer, cloud application, by telephone, email or in any other form (the "User").
(hereinafter referred to together as the "Contracting Parties")
General Terms & Conditions
- These Terms & Conditions of Use (the “Terms & Conditions”) govern the legal relations between the User and Checkiant for the use of services and/or applications and/or content offered and supplied through checkiant.com and all its sub-domains and subpages and other digital distribution platforms, whether in the form of content, applications on a local computer, or application service provided remotely via the Internet, by telephone, email or in any other form (the "Services").
- The User expresses his agreement with these Terms & Conditions and the content of the Services in their current form by using the Services or any of its parts.
- Checkiant reserves the right to change any Terms & Conditions and Service or any part thereof without prior notice. The parts of the Terms & Conditions or the Services changed in this way are an integral part of and subject to these Terms & Conditions. Changes to the Terms & Conditions shall, without undue delay, appear in these Terms & Conditions. By using the Services or any part of the Services after the change of the Services or the Terms & Conditions you accept this change and signify your acceptance of the new form of the Service or the Terms & Conditions.
- These Terms & Conditions shall be governed by, construed and subject to the laws of the Ukraine and the European Union directives in the valid extent at the time of use of the Service. If these Terms & Conditions are in a language other than Russian, then in case of doubt, ambiguity or potential dual interpretation, the Terms & Conditions in the Russian language, located at checkiant.com/ru/terms/, are always binding. Nevertheless, Checkiant will make all reasonable efforts to avoid a difference in meaning. All disputes, inconsistencies or claims arising out of these Terms & Conditions or in connection with them are under the jurisdiction of the courts of the Ukraine.
Use of the Services
- The service is intended exclusively for those who have full legal capacity. If you are an individual, you must be of legal age to use Checkiant. Using the service, you confirm that you have reached the age of majority. If you have not reached the required age, please stop using the service immediately.
- The Service is provided as is. Its provision is dependent on the availability of a range of services from third parties. If there is a Service outage due to a malfunctioning third-party service, this shall be considered as a Force Majeure situation. During such power outages Checkiant is not in a position to take responsibility. Nevertheless, it shall make all reasonable efforts to restore it in a proper and timely manner, and in accordance with its description.
- The User is responsible for the legality of all actions related to use of the Service.
- The User uses the Service at his own risk.
- The User shall not use the Service for illegal activities.
- The User must be over eighteen years of age and must provide a valid e-mail address as well as any other information if required.
- The User is obliged to pay attention to the security and privacy of his account.
- The User agrees that Checkiant shall not be responsible for any special, indirect, incidental or consequent damages, including, without limitation, lost income or lost profits, damage to privacy or name, which would result from the use and/or unavailability of the Service.
- Checkiant reserves the right to immediately suspend the provision/use of the Service without notice, especially, but not only, in cases of suspected overloading of any part of the Service, intrusion, disruption of running applications, efforts at reverse engineering, obtaining data of third parties, or any threat to the Services.
- Checkiant reserves the right to suspend the operation of any User’s account 30 days after notification.
- The Service and all its parts, such as text, code, design, user interface, application, website or information architecture, are the sole property of Checkiant and may not be used, copied, misused, pre-sold or reproduced without the express written consent of Checkiant.
- The Service is provided in a paid version and a free version. The free version is completely free of charge for configurations defined by Checkiant. The User may not run multiple accounts at the same time in the free version.
- Having created a user account in Checkiant, you automatically activate your 7-day trial period, after which your free plan starts. You do not need to enter your bank card details. You also have the opportunity at any time to switch from a free plan to any of the paid ones.
- Any part of the Services and any local version can have its own price. These are always prices without local taxes, such as VAT, which is added to the final account. The price of the version is always indicated on the relevant page of the website of the Services and in the payment confirmation process.
- Fees include only those taxes that are explicitly stated on the invoice – billing document. The payment of all other taxes and administrative fees under the applicable legislation is the exclusive responsibility of the User.
- The Service is paid in advance and payments are not refundable. There can be no refund or credit for adding the unused part of the prepaid period, reducing the extent of use of the Service or unused idle time with an open account.
- Checkiant reserves the right to change the payment terms and prices of the Service or any part of it 30 days after notice.
- Checkiant reserves the right to change the payment conditions and prices of the Service or any part thereof upon 25 days’ notice.
Closing an Account/User Data
- An account may be cancelled at any time by the owner of the account by clicking the „Deactivate account“ link in the settings section of the web application of the Service. The User has the sole responsibility for this step. Checkiant will cancel the account and erase all user data associated with the Service 90 days after the cancellation.
- If any user account remains inactive for a period of 9 months it will be cancelled. Checkiant shall erase all user data associated with the Service 90 days after the cancellation.
- Violation of any part of the Terms & Conditions by the User may be grounds for immediate cancellation of the User’s account and deletion of all data associated with it.