The Website shall mean the website maintained at cloud.2smart.com and/or all the subdomains of the website «cloud.2smart.com». The Mobile application (2Smart Cloud) shall mean the Mobile application «2Smart Cloud» and/or related website, which give users an opportunity to control remotely and/or automate user’s home and/or office. 2Smart Cloud supports an electronic module that helps users to control automatic gates, garage doors, blinds, awnings, etc. 2Smart Cloud could help you to control different types of digital devices. The Administration– the person (persons) authorized by Owner of 2Smart Cloud to implement management of 2Smart Cloud and other actions related to its usage. The Moderator of system (the Moderator) – the person (persons) authorized by the Administration to edit the information in 2Smart Cloud in order to control Users compliance with 2Smart Cloud rules and policies. The Website visitor (The Visitor)( – any person who visited, took a look at least at one page of the Website. The Visitor can browse information on the Website which is intended for acquaintance with 2Smart Cloud in order to preview. The User – the person, who installed the Mobile application, properly registered (including registration via the Website) and authorized using unique personal data. Account – record which contains data that User reports about himself when registering in the Mobile application and/or via the Website. It contains data needed for the User authorization when connecting to the Mobile application. Registration – the procedure of creating an account.
2. SUBJECT OF AGREEMENT
4. INTELLECTUAL PROPERTY RIGHTS
5. ROLE OF THE ADMINISTRATION
5.1. The Administration is not responsible for any actions of the Users. 5.2. The Administration can block accounts of Users in the following cases: 5.2.1. Systematic violation of the rules of this Agreement. 5.2.2. Actions considered by the Administration as a deception, fraud and misrepresentation of Users and/or the Administration. 5.3. Account restoration only possible in case of notification the Administration and acception appropriate decision by the Administration. 5.4. The Administration reserve the right to block account of the User which actions insult the members of the Administration and/or can harm or tarnished the good name of 2Smart Cloud.
6. PAYMENT OF REMUNERATION FOR THE RIGHT OF USE
6.1. The Administration has the right to impose a fee for the right to use the Mobile application and change it in any time. If we decide to set a fee for the right to use the Mobile application, we will notify you of this via the Mobile application and/or the Website.
7. CONFIDENTIALITY OF INFORMATION
8. LIABILITY OF THE PARTIES AND ITS LIMITATION
8.1. For violation or improper performance of their obligations under this Agreement the Parties are held liable in accordance with the legislation of Ukraine. 8.2. The Administration is not liable for consumer properties and quality of the Content provided via the Mobile application. 8.3. The Administration is not liable for breaks in the provision of services, caused by technical disruptions in work of equipment and software. However, the Administration undertakes to take all reasonable measures to prevent such disruptions. 8.4. The Administration is not liable for any direct or indirect damages incurred by Users or by the third parties and also for loss of profit as a result of using the Website and/or the Mobile application. 8.5. The User agrees that he is solely responsible (and that the Administration is not held liable to the User or any third parties) for any violation of User’s obligations under this Agreement and for all the consequences of such violations including any loss or damage that the Administration may incur.
9. THE DATE OF ENTRY INTO FORCE AGREEMENT AND AMENDMENTS
9.1. The moment of entering into this Agreement is the moment when the User presses the Register button («Enter» or another button with the appropriate assignment) located in the Mobile application and/or the Website. Hereby, Users confirm their agreement with all the terms of this Agreement. 9.1.1. In any case, by filling out the registration form in the Mobile Application, the User automatically accepts the terms of this Agreement. 9.2. The Administration has the right to unilaterally and at any time amend this Agreement by placing its new version on the Website and/or via the Mobile application. 9.3. The User in turn undertakes to read at least once a week the current version of this Agreement posted on the Website and/or in the Mobile application, including information on making changes to this Agreement. Unless otherwise explicitly stated by the Administration, the new version of the Agreement and its Annexes shall come into effect at the time of posting it on the Website and/or via the Mobile application. 9.4. In case of disagreement with the new version of the Agreement, the User must immediately stop using the Website and the Mobile application.
10. TERMINATION OF AGREEMENT
10.1. At any time the User can terminate the Agreement with the Administration using the appropriate data removal procedure and stop using the Website and the Mobile application. 10.2. The termination of the Agreement on the part of the Administration may occur in the following cases: 10.2.1. Violations of the provisions of this Agreement, harming 2Smart Cloud and/or its Users. 10.2.2. Commission of acts that contradict the policy of 2Smart Cloud. 10.3. The resumption of relations may occur upon the decision of the Administration, provided that conditions described in paragraphs 3.3-3.5 of this Agreement are fulfilled after elimination of the causes for termination of the Agreement.
11. LEGISLATION AND PROCEDURE FOR RESOLUTION OF DISPUTES
11.1. The activity of the Administration is conducted in accordance with the legislation of Ukraine. All of the disputes related to this Agreement are resolved through negotiations if the dispute can not be resolved in the specified way then it is the subject to further consideration in courts of Ukraine. 11.2. Judicially recognition of the invalidity of certain provisions of this Agreement does not entail invalidity of the Agreement as a whole.
13. FEEDBACK 13.1. If you have any questions regarding this Agreement, please contact us by e-mail – firstname.lastname@example.org.