Public license agreement
for the right to use software products in the form of the Information and Analytical Platform "ESG Company Profile in the SaveEcoBot System"
Below is an automatic translation using Google Translate for general reference.
For any questions please refer to the Ukrainian version of public license agreement.
1. General provisions
1.1. This document is a public license agreement for the right to use software products in the form of an information and analytical platform "ESG Enterprise Profile in the SaveEcoBot System" (hereinafter referred to as "ESG SaveEcoBot") and is an open offer (Offer) of the LIMITED LIABILITY COMPANY "ECOLOGICAL DATA SYSTEM", EDRPOU code 45681049 (hereinafter referred to as the Licensor), which owns exclusive property rights to the software products "ESG SaveEcoBot" as an object of intellectual property rights, regarding the conclusion of a License Agreement (hereinafter referred to as the Agreement/License or License Agreement) on the terms set forth in this Agreement.
1.2. This License Agreement determines the procedure and conditions for using the information and analytical platform "ESG SaveEcoBot", which is a computer program (a specialized complex of software tools and data compilations) in remote access.
1.3. In accordance with Art. 205, 634, 638-642 of the Civil Code of Ukraine, in case of acceptance of the terms set forth in this License Agreement, by ordering the appropriate access to the information and analytical platform "ESG SaveEcoBot", the person placing such an order becomes the Licensee (acceptance of the terms is equivalent to concluding the Agreement) and receives the right, upon completion of the order and payment, to use the software product as an object of the right to use the software product.
1.4. By accepting this Agreement, the Licensee confirms full and unconditional agreement with all its terms (acceptance), which certifies the fact of concluding the License Agreement between the Parties. The Licensee confirms his consent to conscientiously use the rights that he receives in connection with obtaining permission (license) to use the information and analytical platform "ESG SaveEcoBot", and also undertakes to strictly fulfill his obligations and comply with the prohibitions and restrictions provided for in this Agreement.
1.5. The Licensee under the License Agreement, in case of payment within the terms and procedure stipulated by this Agreement, acquires the right to use the information and analytical platform "ESG SaveEcoBot" or its part as a reference resource for information support of its activities, under the terms of a non-exclusive license, which applies to the entire world and the terms stipulated by the terms of the corresponding purchased tariff.
1.6. The form and style of presentation of information in the information and analytical platform "ESG SaveEcoBot" is also an object of intellectual property rights, in connection with which any use of information in the same form and using a similar style in one's own information products is prohibited without the permission of the Licensor.
1.7. Permission (license) for the Licensee to use the information and analytical platform "ESG SaveEcoBot" in accordance with this Agreement provides that throughout the entire term of the purchased license, the Licensor retains the ability to independently use the information and analytical platform "ESG SaveEcoBot" or its part in any way, as well as the right to allow or prohibit other persons from using it in any way.
1.8. To confirm to third parties the scope and validity of the rights defined by this License Agreement, the Licensor does not issue the License to the Licensee as a separate document. Documents confirming payment and the corresponding tariff are sufficient evidence that the Licensee has the rights to use the information and analytical platform "ESG SaveEcoBot".
2. Rights and obligations of the Parties. Restrictions on the use of the information and analytical platform "ESG SaveEcoBot"
2.1. In accordance with this Agreement, the Licensee receives permission (license) to use the information and analytical platform "ESG SaveEcoBot", in connection with which he acquires the following rights: to access the information and analytical platform "ESG SaveEcoBot" at any time from any computer device via the Internet; to receive information data using the information and analytical platform "ESG SaveEcoBot" and use it to support his activities; to notify the Licensor of deficiencies and to demand that the information and analytical platform "ESG SaveEcoBot" be properly functioning.
2.2. The Licensee is obliged to:
- comply with the terms of this Agreement;
- provide true, accurate and complete information about yourself and other information necessary to fulfill the terms of this Agreement;
- ensure the safety of your login and password, which are required for authorization in the information and analytical platform "ESG SaveEcoBot";
- when contacting the technical support service of the information and analytical platform "ESG SaveEcoBot", use the feedback form provided by it or the email address specified during registration and provide your login, first and last name, and if necessary, use other options to confirm your access rights;
- immediately notify the Licensor of any copyright violations regarding the information and analytical platform "ESG SaveEcoBot" by third parties (if the Licensee is aware of such violations), as well as assist the Licensor in promptly terminating violations and recording evidence of their existence.
2.3. When using the information and analytical platform "ESG SaveEcoBot", the Licensee is prohibited from:
- to decompile the databases available in the information and analytical platform "ESG SaveEcoBot" in order to transfer information to other information and search systems or for other purposes;
- use information in your own information products in a form and using a style similar to the form and style of presenting information in the information and analytical platform "ESG SaveEcoBot", without the permission of the Licensor;
- transfer logins and passwords for access to the information and analytical platform "ESG SaveEcoBot" to any third parties (except for the Licensee's employees) and/or provide third parties with access to the information and analytical platform "ESG SaveEcoBot" in another way;
- place analytical data of the information and analytical platform "ESG SaveEcoBot" as part of any other information/search systems, computer programs, databases or any electronic and/or printed publications, as well as carry out any distribution of them to third parties (in particular, via the Internet) without the permission of the Licensor;
- to interfere with the functioning of the information and analytical platform "ESG SaveEcoBot" and try to gain access to it using methods that do not correspond to the search forms of requests and information retrieval (interface) defined therein, including using other software tools, as well as contrary to the Licensor's recommendations;
- issue sublicenses to other persons for the right to use the information and analytical platform "ESG SaveEcoBot";
- use the information and analytical platform "ESG SaveEcoBot" in activities that contradict the legislation of Ukraine and violate the rights and legitimate interests of other persons.
2.4. Throughout the term of this Agreement, the Licensor is entitled, in accordance with the methods provided for by the legislation of Ukraine, to control the scope and procedure for the Licensee's use of the information and analytical platform "ESG SaveEcoBot" and to require the Licensee to cease any use of the information and analytical platform "ESG SaveEcoBot" that contradicts this Agreement and the legislation of Ukraine.
2.5. The Licensor is obliged to:
- comply with the terms of this Agreement (except for failure to fulfill obligations resulting from an event or force majeure);
- provide IT services for the information and analytical platform "ESG SaveEcoBot", ensure its proper functioning;
- within a reasonable period of time (and if possible, in advance) notify the Licensee of cases of lack of access to the information and analytical platform "ESG SaveEcoBot", the reasons for the lack of such access and/or the terms of its restoration;
- maintain the confidentiality of the Licensee's information received from him upon registration in the information and analytical platform "ESG SaveEcoBot", the content of personal e-mail messages, the type, volume and content of the Licensee's search queries in the information and analytical platform "ESG SaveEcoBot", except for cases provided for by the current legislation of Ukraine.
2.6. Either Party may distribute in any way (including, but not exclusively, in advertising) information regarding cooperation with the other Party under this Agreement, taking into account the confidentiality restrictions set by it.
3. Terms of Use
3.1. Access to the information and analytical platform "ESG SaveEcoBot" (providing the opportunity to make requests for which the information and analytical platform "ESG SaveEcoBot" in automated mode provides relevant information obtained using open sources of information in accordance with the law) is carried out through the website: https://esg.saveecobot.com/ after completing the registration, authorization and payment of the License Fee.
3.2. Registration in the information and analytical platform "ESG SaveEcoBot" is carried out by filling out the forms specified by the Licensor and accepting the terms of this License Agreement. The list of information that must be specified during registration in the information and analytical platform "ESG SaveEcoBot" is determined by the Licensor's policy. For authorization, the Licensee uses the same login and password as during registration. The Licensor may require confirmation of the data provided by the Licensee during registration.
3.3. Access to the information and analytical platform "ESG SaveEcoBot" is provided after the Licensee is identified as a legitimate user of the information and analytical platform "ESG SaveEcoBot" by authorization - entering the login and password received during registration in the Personal Account (the Licensee's personal web page in the information and analytical platform "ESG SaveEcoBot").
3.4. The Licensor is not responsible for the accuracy, completeness and correctness of the information provided as a result of inaccurate, incomplete or incorrect requests in the information and analytical platform "ESG SaveEcoBot".
3.5. The Licensor has the right to suspend the Licensee's access to the information and analytical platform "ESG SaveEcoBot" for technical reasons (excessive system load, interruptions in the work of official resources, etc.) or to prohibit the Licensee's access to the information and analytical platform "ESG SaveEcoBot" in case of failure to comply with the terms of this Agreement.
3.6. The main types and composition of information data that can be obtained using the information and analytical platform "ESG SaveEcoBot" in case of making the appropriate payment, in accordance with this Agreement, is an independent search for information published in the form of open data, the sources of open data are published at https://esg.saveecobot.com/static/about.
3.7. Automated workstation – terminal computer equipment through which the Licensee (its employee/other representative) accesses the information and analytical platform “ESG SaveEcoBot” within one browser. Granting the Licensee permission (license) to use the information and analytical platform “ESG SaveEcoBot” provides for the possibility of access to the information and analytical platform “ESG SaveEcoBot” within one automated workstation. Access to the information and analytical platform “ESG SaveEcoBot” can be carried out simultaneously only from one automated workstation of the Licensee.
3.8. The actual completeness and reliability of any information (including summarized information) in the information and analytical platform "ESG SaveEcoBot" are determined by the relevant sources of information indicated at https://esg.saveecobot.com/static/about.
3.9. By accepting this Agreement, the Licensee provides the Licensor with an unambiguous consent to the collection, use, processing and/or transfer of the Licensee's personal data in accordance with the purpose of collection, use and/or transfer (the purpose is general and long-term service of the Licensee, individualization of services for the Licensee, as well as sales promotion, advertising, market research, including statistical and surveys (by mail and/or electronic means of communication)) within the meaning of the provisions of the Law of Ukraine "On the Protection of Personal Data". The Licensee is notified of the inclusion of his personal data in the personal data database of the information and analytical platform "ESG SaveEcoBot" and is duly notified of the rights of the subject of personal data (in particular, regarding the collection, processing and/or transfer of personal data). Other provisions regarding the processing of personal data are defined in Section 8 of this Agreement.
3.10. The Licensee is prohibited from using any software packages/programs for automatic collection and processing of decisions/information located in the information and analytical platform “ESG SaveEcoBot”. In the event of detection of unusually high activity of the Licensee (his automated workplace/account), which may indicate his use of software packages/programs for automatic collection and processing of decisions/information located in the information and analytical platform “ESG SaveEcoBot”, the Licensor has the right to terminate this Agreement unilaterally; in the event of exercising such right, the Licensor shall not return the fee paid to the Licensee and shall not bear any liability. To prevent unauthorized automatic collection of decisions/information in the information and analytical platform "ESG SaveEcoBot", the following restrictions apply: If unusually high activity of an automated workplace/account is detected, then access to the information and analytical platform "ESG SaveEcoBot" for such Licensee of the automated workplace/account may be blocked until the reasons for such activity are established.
3.11. Within the framework of using the information and analytical platform "ESG SaveEcoBot" in accordance with the selected tariff plan, the following restrictions on the use of the functionality are established (limits are applied separately for each Automated Workplace):
Daily access rate (for a period of 24 hours):
up to 100 page views;
up to 25 business views;
up to 50 document downloads.
Tariff "Business Extended" (term: 1 calendar month, 12 calendar months):
up to 250 page views per day and up to 5,000 per calendar month;
up to 50 business views per day and up to 1000 per calendar month;
up to 100 document downloads per day and up to 1000 per calendar month.
Tariff "Business Standard" (term: 1 calendar month, 12 calendar months):
up to 100 page views per day and up to 2500 per calendar month;
up to 25 business views per day and up to 500 per calendar month;
up to 50 document downloads per day and up to 500 per calendar month.
Definition of terms:
Viewing a company — opening an ESG profile of a company identified by its EDRPOU code.
Page view — opening the ESG page of the company profile or its separate section (in particular: "Details", "Addresses", "Waste", "Water", etc.), identified by the EDRPOU code.
Download a document — view or download a document available in the information and analytical platform "ESG SaveEcoBot".
Accounting features:
Reopening the same ESG page of a company profile or its individual section within the periods defined by the selected tariff plan is counted as one page view and is not billed again.
Reopening the same ESG company profile within the periods defined by the selected tariff plan is counted as one company review and is not billed again.
Repeated viewing or downloading of the same document within the periods specified by the selected tariff plan is counted as one document download and is not billed again.
4. License fee
4.1. For the granting of the rights provided for in this Agreement, the Licensee shall pay the Licensor a fee.
4.2. The amount of the license fee for granting permission (license) to use the information and analytical platform "ESG SaveEcoBot" or its part, within one automated workplace, is determined by the terms of the selected tariff plan on the website: https://esg.saveecobot.com/static/prices.
4.3. Payment of the license fee by the Licensee is made by non-cash payment.
4.4. Payment of the license fee by the Licensee confirms the fact of obtaining a permit (license) for the use of the information and analytical platform "ESG SaveEcoBot" or its part, and does not require the execution and signing of any document regarding the receipt of such a permit (license) (acceptance and transfer acts or acts of services provided/work performed, etc.). The exception to the preparation of an acceptance and transfer act or act of services provided/work performed is the urgent need of the Licensee, about which he has notified the Licensor.
4.5. The Licensor may provide promotions, special offers, special rates, loyalty programs, referral programs, permanent and/or temporary discounts; information about them is published on the website: https://esg.saveecobot.com/.
4.6. The Licensor may provide free access to the information and analytical platform "ESG SaveEcoBot", including using a promotional code generated by it (the terms of use of the promotional code are usually specified in the materials where it is specified). The Licensor has the right to terminate the provision of free access to the information and analytical platform "ESG SaveEcoBot" at any time, without providing any explanations, and the Licensor will not be liable for such termination.
5. Confidential information
5.1. The Parties undertake to maintain confidentiality regarding all technical, commercial and other information received from each other and to take all reasonable measures to prevent unauthorized use or disclosure of such information to third parties under this Agreement.
5.2. The Parties are not liable for any breach of confidentiality that occurred as a result of an event or force majeure circumstances, unlawful actions of third parties, as well as as a result of a breach of confidentiality at the request of state authorities in accordance with applicable law.
6. Responsibility of the Parties
6.1. The Parties are liable for violation, non-fulfillment and/or improper fulfillment of this Agreement in accordance with its terms and in accordance with the current legislation of Ukraine.
6.2. In case of violation of the prohibitions stipulated by this Agreement regarding the Licensee when using the information and analytical platform "ESG SaveEcoBot", the Licensee shall pay a fine to the Licensor in the amount of ten times the paid license fee during the validity period of the permit (license) for the use of the information and analytical platform "ESG SaveEcoBot". Payment of the fine does not release the Licensee from the obligation to compensate the Licensor for the damage incurred by the latter in connection with the violation of the specified prohibitions by the Licensee.
6.3. The Licensor is not liable for direct or indirect losses, lost profits or moral damage caused to the Licensee, related to the use or complication/impossibility of using the information and analytical platform "ESG SaveEcoBot", which arose due to reasons beyond the control of the Licensor.
6.4. The Licensor is not responsible for the actual completeness and reliability of any information (including summarized information) in the information and analytical platform "ESG SaveEcoBot" obtained from sources of open data publication (https://esg.saveecobot.com/static/about).
6.5. The use of data from the information and analytical platform "ESG SaveEcoBot" for making managerial, financial, organizational and any other decisions, actions (or inaction) is carried out by the Licensee and/or persons related to him exclusively at his own discretion and the Licensor is not responsible for their consequences.
6.6. The Licensor's liability to the Licensee under this Agreement, including compensation for damages, is limited to the amount of the license fee in the amount paid in accordance with the cost of the selected tariff for the use of the information and analytical platform "ESG SaveEcoBot".
6.7. Liability not regulated by this Agreement is governed by the current legislation of Ukraine.
6.8. The Licensor is exempt from liability for the inability to provide the Licensee with information from state/open/official/etc. registers/sites/official sources/etc. for reasons beyond the Licensor's reasonable control, in particular, but not exclusively, in the event of the Licensor's closure/restriction of access/etc. to state/open/official registers/sites/sources/etc. in accordance with the law or by decision of the state/courts/authorized bodies/information managers/etc., or due to the objective/physical/natural impossibility of the Licensor obtaining information from state/open/official/etc. registers/sites/official sources/etc. caused by real/natural circumstances beyond the Licensor's control (closure, hacking, disconnection of registers/sites/official sources, including acts of God, etc.).
The Licensor shall inform (by notice on the Licensor's website or by e-mail or otherwise) within a reasonable time the Licensee of any problems with access to information (published or to be published on the Licensor's website) caused by actions of third parties/objective circumstances/natural phenomena, and shall take reasonable measures that the Licensor can take to restore the Licensee's access to the information to be provided to the Licensee under this Agreement.
7. Validity period of the permit (license). Other conditions
7.1. The validity period of the permit (license) for the use of the information and analytical platform "ESG SaveEcoBot" is determined by the terms of the selected tariff plan on the website: https://esg.saveecobot.com/static/prices. The validity period of the permit (license) begins on the 1st of the calendar month following the one in which the payment was made (except for the daily tariff). Until this time, the use of services is carried out on a test basis and is included in the cost of the selected tariff. The daily tariff begins to operate from the moment of payment and is valid for 24 hours.
7.2. The Licensee's ability to use the information and analytical platform "ESG SaveEcoBot" ends simultaneously with the expiration of the permit (license) for the use of the information and analytical platform "ESG SaveEcoBot" specified in this Agreement.
7.3. The license (permission) to use the information and analytical platform "ESG SaveEcoBot" shall terminate:
"automatically", i.e. upon expiration of its validity period (except for cases of extension of the permit (license) in accordance with the terms of this Agreement);
at the Licensor's decision, in the event of the Licensee's violation of the prohibitions provided for in this Agreement.
In this case, the amount of the paid license fee is not returned to the Licensee and any means of liability in connection with such termination of the permit (license) to use the information and analytical platform "ESG SaveEcoBot" to the Licensor are not applied.
7.4. The validity of the permit (license) for the use of the information and analytical platform "ESG SaveEcoBot" may be extended for each subsequent period in accordance with the tariff plans specified on the website: https://esg.saveecobot.com/static/prices. To extend the validity of the permit (license), the Licensee must choose a tariff plan from those specified on the website: https://esg.saveecobot.com/static/prices no later than the last day of the expiration of the current permit (license) and pay the Licensor a license fee in accordance with the selected tariff plan. In this case, the Licensee pays the license fee in the amount specified by the Licensor on the website: https://esg.saveecobot.com/static/prices on the day of payment.
7.5. The Licensor may unilaterally change the conditions regarding the possibility of extending the term of the permit (license) specified in this Agreement by posting a corresponding notice on the website: https://esg.saveecobot.com/ and/or sending such a notice to the Licensee. In the event that the Licensor makes changes to this License Agreement, such changes shall enter into force from the moment of posting the amended text of the Agreement on the website: https://esg.saveecobot.com/, unless another date of entry into force of the changes is additionally specified upon such posting.
7.6. The term of this Agreement is limited to the term of the permit (license) for the use of the information and analytical platform "ESG SaveEcoBot". The term of this Agreement is extended accordingly when the term of the permit (license) for the use of the information and analytical platform "ESG SaveEcoBot" is extended. The offer under this Public License Agreement comes into force from the moment of posting on the website: https://esg.saveecobot.com/ and is valid until revoked by the Licensor.
7.7. The Parties have agreed that the Licensor may transfer its rights and obligations under this Agreement to another person without the need to obtain the consent and/or notification of the Licensee.
7.8. In the event that the Parties conclude a license agreement for the right to use the information and analytical platform "ESG SaveEcoBot" in writing, the terms of use of the information and analytical platform "ESG SaveEcoBot" are determined by the agreement concluded in writing.
7.9. All disputes arising between the Parties shall be resolved by them through negotiations. In the event of failure to reach an agreement, the dispute shall be resolved in accordance with the current legislation of Ukraine.
7.10. The Licensor has the following status: a single tax payer under the simplified taxation system.
8. Privacy Policy
8.1. This section contains information that establishes the procedure for receiving, collecting, accumulating, storing, processing, using, ensuring the protection and disclosure of personal data (hereinafter referred to as data) of the Licensee within the meaning of the Law of Ukraine "On Personal Data Protection".
8.2. Data means any information that directly or indirectly relates to a specific Licensee. This may include: name, surname, e-mail address, phone number, region of residence, IP address, data about devices (computer, browser type, mobile device operating system) used by the Licensee, other information used for communication, which is provided by the Licensee at his/her request via the registration form.
8.3. Data processing means any actions with data, including, but not limited to: access, provision, distribution, collection, systematization, storage, accumulation, recording, transfer, blocking, deletion, clarification, updating and/or modification, depersonalization and other methods of using data by the Licensor.
8.4. The data controller is the Licensor.
8.5. Licensees may provide data independently by posting such data on the website or by notifying via telephone channels and/or to the Licensor's email and/or postal address.
8.6. The Licensor may collect, including, but not limited to, the following data:
name, surname, patronymic, date of birth, data of the authorized person of the company, company name, company details, contact telephone numbers, e-mail address, company location address, other contact data at the request of the Licensee;
Licensee's account information, including phone number, email address, login and password, and other data necessary for communication with the Licensee;
data about the devices used by the Licensee, information about the IP address; date and time when the Licensee uses the website, information about the software, as well as the web browser used by the Licensee, information about the operating system and individual identifiers of the devices used by the Licensee;
data obtained as a result of conducting various surveys by the Licensor and/or third parties authorized by the Licensor, other information obtained by the Licensor as a result of marketing activities;
8.7. The Licensor may also process data using Cookies (cookies are small pieces of data that are sent to the Licensee's computer when you visit a web page and/or when you view an advertising module on a web page and are stored on the Licensee's computer and/or mobile device).
8.8. Use and purposes of data processing
8.8.1. The Licensor uses and processes data for the following purposes:
in order to ensure the implementation of civil law, tax and accounting relations, fulfillment of contractual obligations to provide services, to identify the Licensee, to provide access to the system, process payments, send information by mail, e-mail, conduct settlement operations, provide reporting, maintain accounting and management records, improve the quality of service provision;
to identify the client as the Licensee, to communicate with the Licensee, to send newsletters by mail, e-mail, by phone number, including for the purpose of sending commercial offers, notifications about promotions and news of the Licensor, as well as other portals/sites at the disposal and/or owned by the Licensor.
8.8.2. The Licensor does not process data relating to racial or ethnic origin, political opinions, religious or other beliefs, membership in public organizations. Information characterizing the physiological characteristics of the Licensee, on the basis of which their identity can be established, is also not processed.
8.8.3. The terms of data processing and storage are determined based on the purposes of data processing, as well as based on the terms of this Agreement and in accordance with the requirements of the current legislation of Ukraine.
8.9. Disclosure of data without the consent of the Licensee or a person authorized by him is permitted in cases specified by law and only in the interests of national security, economic well-being and human rights, in particular, but not limited to, upon reasonable requests from state bodies entitled to submit applications and receive such data.
8.10. Disclosure of personal data, including the transfer of such data to third parties, is possible and will be carried out exclusively with the consent of the Licensee. Such consent of the Licensee may be expressed by him both during a direct written request and by actions aimed at granting such permission. For example, ordering third-party services by using the website's functionalities or registering for an event using the registration form posted on the website.
8.11. The Licensee may at any time change/delete personal information or opt out of mailings, or withdraw consent to data processing via the website or by sending a message to the email address: [email protected].
8.12. Upon receipt of such notification, the processing of the Licensee's data will be terminated and his data will be deleted, except in cases where such processing may be necessary in accordance with the current legislation of Ukraine.
8.13. In the event that the Licensor receives personal data of third parties from the Licensee, the Licensor may process them in the same way as the Licensee's personal data. By transferring personal data of third parties to the Licensor, the Licensee confirms that he has the right to such transfer. Any liability for unlawful processing of personal data of third parties received by the Licensor from the Licensee shall be borne by the Licensee.
Licensor:
REQUISITES:
LIMITED LIABILITY COMPANY "ENVIRONMENTAL DATA SYSTEM"
Code according to EDRPOU: 45681049
IBAN: UA453052990000026007026248132 in JSC "CB "PRIVATBANK" MFI 305299
Address: Ukraine, 04136, Kyiv city, Nekrasova Viktora street, building 3
Phone: +380937111771
Email: [email protected]
For any questions please refer to the Ukrainian version of public license agreement.
1. General provisions
1.1. This document is a public license agreement for the right to use software products in the form of an information and analytical platform "ESG Enterprise Profile in the SaveEcoBot System" (hereinafter referred to as "ESG SaveEcoBot") and is an open offer (Offer) of the LIMITED LIABILITY COMPANY "ECOLOGICAL DATA SYSTEM", EDRPOU code 45681049 (hereinafter referred to as the Licensor), which owns exclusive property rights to the software products "ESG SaveEcoBot" as an object of intellectual property rights, regarding the conclusion of a License Agreement (hereinafter referred to as the Agreement/License or License Agreement) on the terms set forth in this Agreement.
1.2. This License Agreement determines the procedure and conditions for using the information and analytical platform "ESG SaveEcoBot", which is a computer program (a specialized complex of software tools and data compilations) in remote access.
1.3. In accordance with Art. 205, 634, 638-642 of the Civil Code of Ukraine, in case of acceptance of the terms set forth in this License Agreement, by ordering the appropriate access to the information and analytical platform "ESG SaveEcoBot", the person placing such an order becomes the Licensee (acceptance of the terms is equivalent to concluding the Agreement) and receives the right, upon completion of the order and payment, to use the software product as an object of the right to use the software product.
1.4. By accepting this Agreement, the Licensee confirms full and unconditional agreement with all its terms (acceptance), which certifies the fact of concluding the License Agreement between the Parties. The Licensee confirms his consent to conscientiously use the rights that he receives in connection with obtaining permission (license) to use the information and analytical platform "ESG SaveEcoBot", and also undertakes to strictly fulfill his obligations and comply with the prohibitions and restrictions provided for in this Agreement.
1.5. The Licensee under the License Agreement, in case of payment within the terms and procedure stipulated by this Agreement, acquires the right to use the information and analytical platform "ESG SaveEcoBot" or its part as a reference resource for information support of its activities, under the terms of a non-exclusive license, which applies to the entire world and the terms stipulated by the terms of the corresponding purchased tariff.
1.6. The form and style of presentation of information in the information and analytical platform "ESG SaveEcoBot" is also an object of intellectual property rights, in connection with which any use of information in the same form and using a similar style in one's own information products is prohibited without the permission of the Licensor.
1.7. Permission (license) for the Licensee to use the information and analytical platform "ESG SaveEcoBot" in accordance with this Agreement provides that throughout the entire term of the purchased license, the Licensor retains the ability to independently use the information and analytical platform "ESG SaveEcoBot" or its part in any way, as well as the right to allow or prohibit other persons from using it in any way.
1.8. To confirm to third parties the scope and validity of the rights defined by this License Agreement, the Licensor does not issue the License to the Licensee as a separate document. Documents confirming payment and the corresponding tariff are sufficient evidence that the Licensee has the rights to use the information and analytical platform "ESG SaveEcoBot".
2. Rights and obligations of the Parties. Restrictions on the use of the information and analytical platform "ESG SaveEcoBot"
2.1. In accordance with this Agreement, the Licensee receives permission (license) to use the information and analytical platform "ESG SaveEcoBot", in connection with which he acquires the following rights: to access the information and analytical platform "ESG SaveEcoBot" at any time from any computer device via the Internet; to receive information data using the information and analytical platform "ESG SaveEcoBot" and use it to support his activities; to notify the Licensor of deficiencies and to demand that the information and analytical platform "ESG SaveEcoBot" be properly functioning.
2.2. The Licensee is obliged to:
- comply with the terms of this Agreement;
- provide true, accurate and complete information about yourself and other information necessary to fulfill the terms of this Agreement;
- ensure the safety of your login and password, which are required for authorization in the information and analytical platform "ESG SaveEcoBot";
- when contacting the technical support service of the information and analytical platform "ESG SaveEcoBot", use the feedback form provided by it or the email address specified during registration and provide your login, first and last name, and if necessary, use other options to confirm your access rights;
- immediately notify the Licensor of any copyright violations regarding the information and analytical platform "ESG SaveEcoBot" by third parties (if the Licensee is aware of such violations), as well as assist the Licensor in promptly terminating violations and recording evidence of their existence.
2.3. When using the information and analytical platform "ESG SaveEcoBot", the Licensee is prohibited from:
- to decompile the databases available in the information and analytical platform "ESG SaveEcoBot" in order to transfer information to other information and search systems or for other purposes;
- use information in your own information products in a form and using a style similar to the form and style of presenting information in the information and analytical platform "ESG SaveEcoBot", without the permission of the Licensor;
- transfer logins and passwords for access to the information and analytical platform "ESG SaveEcoBot" to any third parties (except for the Licensee's employees) and/or provide third parties with access to the information and analytical platform "ESG SaveEcoBot" in another way;
- place analytical data of the information and analytical platform "ESG SaveEcoBot" as part of any other information/search systems, computer programs, databases or any electronic and/or printed publications, as well as carry out any distribution of them to third parties (in particular, via the Internet) without the permission of the Licensor;
- to interfere with the functioning of the information and analytical platform "ESG SaveEcoBot" and try to gain access to it using methods that do not correspond to the search forms of requests and information retrieval (interface) defined therein, including using other software tools, as well as contrary to the Licensor's recommendations;
- issue sublicenses to other persons for the right to use the information and analytical platform "ESG SaveEcoBot";
- use the information and analytical platform "ESG SaveEcoBot" in activities that contradict the legislation of Ukraine and violate the rights and legitimate interests of other persons.
2.4. Throughout the term of this Agreement, the Licensor is entitled, in accordance with the methods provided for by the legislation of Ukraine, to control the scope and procedure for the Licensee's use of the information and analytical platform "ESG SaveEcoBot" and to require the Licensee to cease any use of the information and analytical platform "ESG SaveEcoBot" that contradicts this Agreement and the legislation of Ukraine.
2.5. The Licensor is obliged to:
- comply with the terms of this Agreement (except for failure to fulfill obligations resulting from an event or force majeure);
- provide IT services for the information and analytical platform "ESG SaveEcoBot", ensure its proper functioning;
- within a reasonable period of time (and if possible, in advance) notify the Licensee of cases of lack of access to the information and analytical platform "ESG SaveEcoBot", the reasons for the lack of such access and/or the terms of its restoration;
- maintain the confidentiality of the Licensee's information received from him upon registration in the information and analytical platform "ESG SaveEcoBot", the content of personal e-mail messages, the type, volume and content of the Licensee's search queries in the information and analytical platform "ESG SaveEcoBot", except for cases provided for by the current legislation of Ukraine.
2.6. Either Party may distribute in any way (including, but not exclusively, in advertising) information regarding cooperation with the other Party under this Agreement, taking into account the confidentiality restrictions set by it.
3. Terms of Use
3.1. Access to the information and analytical platform "ESG SaveEcoBot" (providing the opportunity to make requests for which the information and analytical platform "ESG SaveEcoBot" in automated mode provides relevant information obtained using open sources of information in accordance with the law) is carried out through the website: https://esg.saveecobot.com/ after completing the registration, authorization and payment of the License Fee.
3.2. Registration in the information and analytical platform "ESG SaveEcoBot" is carried out by filling out the forms specified by the Licensor and accepting the terms of this License Agreement. The list of information that must be specified during registration in the information and analytical platform "ESG SaveEcoBot" is determined by the Licensor's policy. For authorization, the Licensee uses the same login and password as during registration. The Licensor may require confirmation of the data provided by the Licensee during registration.
3.3. Access to the information and analytical platform "ESG SaveEcoBot" is provided after the Licensee is identified as a legitimate user of the information and analytical platform "ESG SaveEcoBot" by authorization - entering the login and password received during registration in the Personal Account (the Licensee's personal web page in the information and analytical platform "ESG SaveEcoBot").
3.4. The Licensor is not responsible for the accuracy, completeness and correctness of the information provided as a result of inaccurate, incomplete or incorrect requests in the information and analytical platform "ESG SaveEcoBot".
3.5. The Licensor has the right to suspend the Licensee's access to the information and analytical platform "ESG SaveEcoBot" for technical reasons (excessive system load, interruptions in the work of official resources, etc.) or to prohibit the Licensee's access to the information and analytical platform "ESG SaveEcoBot" in case of failure to comply with the terms of this Agreement.
3.6. The main types and composition of information data that can be obtained using the information and analytical platform "ESG SaveEcoBot" in case of making the appropriate payment, in accordance with this Agreement, is an independent search for information published in the form of open data, the sources of open data are published at https://esg.saveecobot.com/static/about.
3.7. Automated workstation – terminal computer equipment through which the Licensee (its employee/other representative) accesses the information and analytical platform “ESG SaveEcoBot” within one browser. Granting the Licensee permission (license) to use the information and analytical platform “ESG SaveEcoBot” provides for the possibility of access to the information and analytical platform “ESG SaveEcoBot” within one automated workstation. Access to the information and analytical platform “ESG SaveEcoBot” can be carried out simultaneously only from one automated workstation of the Licensee.
3.8. The actual completeness and reliability of any information (including summarized information) in the information and analytical platform "ESG SaveEcoBot" are determined by the relevant sources of information indicated at https://esg.saveecobot.com/static/about.
3.9. By accepting this Agreement, the Licensee provides the Licensor with an unambiguous consent to the collection, use, processing and/or transfer of the Licensee's personal data in accordance with the purpose of collection, use and/or transfer (the purpose is general and long-term service of the Licensee, individualization of services for the Licensee, as well as sales promotion, advertising, market research, including statistical and surveys (by mail and/or electronic means of communication)) within the meaning of the provisions of the Law of Ukraine "On the Protection of Personal Data". The Licensee is notified of the inclusion of his personal data in the personal data database of the information and analytical platform "ESG SaveEcoBot" and is duly notified of the rights of the subject of personal data (in particular, regarding the collection, processing and/or transfer of personal data). Other provisions regarding the processing of personal data are defined in Section 8 of this Agreement.
3.10. The Licensee is prohibited from using any software packages/programs for automatic collection and processing of decisions/information located in the information and analytical platform “ESG SaveEcoBot”. In the event of detection of unusually high activity of the Licensee (his automated workplace/account), which may indicate his use of software packages/programs for automatic collection and processing of decisions/information located in the information and analytical platform “ESG SaveEcoBot”, the Licensor has the right to terminate this Agreement unilaterally; in the event of exercising such right, the Licensor shall not return the fee paid to the Licensee and shall not bear any liability. To prevent unauthorized automatic collection of decisions/information in the information and analytical platform "ESG SaveEcoBot", the following restrictions apply: If unusually high activity of an automated workplace/account is detected, then access to the information and analytical platform "ESG SaveEcoBot" for such Licensee of the automated workplace/account may be blocked until the reasons for such activity are established.
3.11. Within the framework of using the information and analytical platform "ESG SaveEcoBot" in accordance with the selected tariff plan, the following restrictions on the use of the functionality are established (limits are applied separately for each Automated Workplace):
Daily access rate (for a period of 24 hours):
up to 100 page views;
up to 25 business views;
up to 50 document downloads.
Tariff "Business Extended" (term: 1 calendar month, 12 calendar months):
up to 250 page views per day and up to 5,000 per calendar month;
up to 50 business views per day and up to 1000 per calendar month;
up to 100 document downloads per day and up to 1000 per calendar month.
Tariff "Business Standard" (term: 1 calendar month, 12 calendar months):
up to 100 page views per day and up to 2500 per calendar month;
up to 25 business views per day and up to 500 per calendar month;
up to 50 document downloads per day and up to 500 per calendar month.
Definition of terms:
Viewing a company — opening an ESG profile of a company identified by its EDRPOU code.
Page view — opening the ESG page of the company profile or its separate section (in particular: "Details", "Addresses", "Waste", "Water", etc.), identified by the EDRPOU code.
Download a document — view or download a document available in the information and analytical platform "ESG SaveEcoBot".
Accounting features:
Reopening the same ESG page of a company profile or its individual section within the periods defined by the selected tariff plan is counted as one page view and is not billed again.
Reopening the same ESG company profile within the periods defined by the selected tariff plan is counted as one company review and is not billed again.
Repeated viewing or downloading of the same document within the periods specified by the selected tariff plan is counted as one document download and is not billed again.
4. License fee
4.1. For the granting of the rights provided for in this Agreement, the Licensee shall pay the Licensor a fee.
4.2. The amount of the license fee for granting permission (license) to use the information and analytical platform "ESG SaveEcoBot" or its part, within one automated workplace, is determined by the terms of the selected tariff plan on the website: https://esg.saveecobot.com/static/prices.
4.3. Payment of the license fee by the Licensee is made by non-cash payment.
4.4. Payment of the license fee by the Licensee confirms the fact of obtaining a permit (license) for the use of the information and analytical platform "ESG SaveEcoBot" or its part, and does not require the execution and signing of any document regarding the receipt of such a permit (license) (acceptance and transfer acts or acts of services provided/work performed, etc.). The exception to the preparation of an acceptance and transfer act or act of services provided/work performed is the urgent need of the Licensee, about which he has notified the Licensor.
4.5. The Licensor may provide promotions, special offers, special rates, loyalty programs, referral programs, permanent and/or temporary discounts; information about them is published on the website: https://esg.saveecobot.com/.
4.6. The Licensor may provide free access to the information and analytical platform "ESG SaveEcoBot", including using a promotional code generated by it (the terms of use of the promotional code are usually specified in the materials where it is specified). The Licensor has the right to terminate the provision of free access to the information and analytical platform "ESG SaveEcoBot" at any time, without providing any explanations, and the Licensor will not be liable for such termination.
5. Confidential information
5.1. The Parties undertake to maintain confidentiality regarding all technical, commercial and other information received from each other and to take all reasonable measures to prevent unauthorized use or disclosure of such information to third parties under this Agreement.
5.2. The Parties are not liable for any breach of confidentiality that occurred as a result of an event or force majeure circumstances, unlawful actions of third parties, as well as as a result of a breach of confidentiality at the request of state authorities in accordance with applicable law.
6. Responsibility of the Parties
6.1. The Parties are liable for violation, non-fulfillment and/or improper fulfillment of this Agreement in accordance with its terms and in accordance with the current legislation of Ukraine.
6.2. In case of violation of the prohibitions stipulated by this Agreement regarding the Licensee when using the information and analytical platform "ESG SaveEcoBot", the Licensee shall pay a fine to the Licensor in the amount of ten times the paid license fee during the validity period of the permit (license) for the use of the information and analytical platform "ESG SaveEcoBot". Payment of the fine does not release the Licensee from the obligation to compensate the Licensor for the damage incurred by the latter in connection with the violation of the specified prohibitions by the Licensee.
6.3. The Licensor is not liable for direct or indirect losses, lost profits or moral damage caused to the Licensee, related to the use or complication/impossibility of using the information and analytical platform "ESG SaveEcoBot", which arose due to reasons beyond the control of the Licensor.
6.4. The Licensor is not responsible for the actual completeness and reliability of any information (including summarized information) in the information and analytical platform "ESG SaveEcoBot" obtained from sources of open data publication (https://esg.saveecobot.com/static/about).
6.5. The use of data from the information and analytical platform "ESG SaveEcoBot" for making managerial, financial, organizational and any other decisions, actions (or inaction) is carried out by the Licensee and/or persons related to him exclusively at his own discretion and the Licensor is not responsible for their consequences.
6.6. The Licensor's liability to the Licensee under this Agreement, including compensation for damages, is limited to the amount of the license fee in the amount paid in accordance with the cost of the selected tariff for the use of the information and analytical platform "ESG SaveEcoBot".
6.7. Liability not regulated by this Agreement is governed by the current legislation of Ukraine.
6.8. The Licensor is exempt from liability for the inability to provide the Licensee with information from state/open/official/etc. registers/sites/official sources/etc. for reasons beyond the Licensor's reasonable control, in particular, but not exclusively, in the event of the Licensor's closure/restriction of access/etc. to state/open/official registers/sites/sources/etc. in accordance with the law or by decision of the state/courts/authorized bodies/information managers/etc., or due to the objective/physical/natural impossibility of the Licensor obtaining information from state/open/official/etc. registers/sites/official sources/etc. caused by real/natural circumstances beyond the Licensor's control (closure, hacking, disconnection of registers/sites/official sources, including acts of God, etc.).
The Licensor shall inform (by notice on the Licensor's website or by e-mail or otherwise) within a reasonable time the Licensee of any problems with access to information (published or to be published on the Licensor's website) caused by actions of third parties/objective circumstances/natural phenomena, and shall take reasonable measures that the Licensor can take to restore the Licensee's access to the information to be provided to the Licensee under this Agreement.
7. Validity period of the permit (license). Other conditions
7.1. The validity period of the permit (license) for the use of the information and analytical platform "ESG SaveEcoBot" is determined by the terms of the selected tariff plan on the website: https://esg.saveecobot.com/static/prices. The validity period of the permit (license) begins on the 1st of the calendar month following the one in which the payment was made (except for the daily tariff). Until this time, the use of services is carried out on a test basis and is included in the cost of the selected tariff. The daily tariff begins to operate from the moment of payment and is valid for 24 hours.
7.2. The Licensee's ability to use the information and analytical platform "ESG SaveEcoBot" ends simultaneously with the expiration of the permit (license) for the use of the information and analytical platform "ESG SaveEcoBot" specified in this Agreement.
7.3. The license (permission) to use the information and analytical platform "ESG SaveEcoBot" shall terminate:
"automatically", i.e. upon expiration of its validity period (except for cases of extension of the permit (license) in accordance with the terms of this Agreement);
at the Licensor's decision, in the event of the Licensee's violation of the prohibitions provided for in this Agreement.
In this case, the amount of the paid license fee is not returned to the Licensee and any means of liability in connection with such termination of the permit (license) to use the information and analytical platform "ESG SaveEcoBot" to the Licensor are not applied.
7.4. The validity of the permit (license) for the use of the information and analytical platform "ESG SaveEcoBot" may be extended for each subsequent period in accordance with the tariff plans specified on the website: https://esg.saveecobot.com/static/prices. To extend the validity of the permit (license), the Licensee must choose a tariff plan from those specified on the website: https://esg.saveecobot.com/static/prices no later than the last day of the expiration of the current permit (license) and pay the Licensor a license fee in accordance with the selected tariff plan. In this case, the Licensee pays the license fee in the amount specified by the Licensor on the website: https://esg.saveecobot.com/static/prices on the day of payment.
7.5. The Licensor may unilaterally change the conditions regarding the possibility of extending the term of the permit (license) specified in this Agreement by posting a corresponding notice on the website: https://esg.saveecobot.com/ and/or sending such a notice to the Licensee. In the event that the Licensor makes changes to this License Agreement, such changes shall enter into force from the moment of posting the amended text of the Agreement on the website: https://esg.saveecobot.com/, unless another date of entry into force of the changes is additionally specified upon such posting.
7.6. The term of this Agreement is limited to the term of the permit (license) for the use of the information and analytical platform "ESG SaveEcoBot". The term of this Agreement is extended accordingly when the term of the permit (license) for the use of the information and analytical platform "ESG SaveEcoBot" is extended. The offer under this Public License Agreement comes into force from the moment of posting on the website: https://esg.saveecobot.com/ and is valid until revoked by the Licensor.
7.7. The Parties have agreed that the Licensor may transfer its rights and obligations under this Agreement to another person without the need to obtain the consent and/or notification of the Licensee.
7.8. In the event that the Parties conclude a license agreement for the right to use the information and analytical platform "ESG SaveEcoBot" in writing, the terms of use of the information and analytical platform "ESG SaveEcoBot" are determined by the agreement concluded in writing.
7.9. All disputes arising between the Parties shall be resolved by them through negotiations. In the event of failure to reach an agreement, the dispute shall be resolved in accordance with the current legislation of Ukraine.
7.10. The Licensor has the following status: a single tax payer under the simplified taxation system.
8. Privacy Policy
8.1. This section contains information that establishes the procedure for receiving, collecting, accumulating, storing, processing, using, ensuring the protection and disclosure of personal data (hereinafter referred to as data) of the Licensee within the meaning of the Law of Ukraine "On Personal Data Protection".
8.2. Data means any information that directly or indirectly relates to a specific Licensee. This may include: name, surname, e-mail address, phone number, region of residence, IP address, data about devices (computer, browser type, mobile device operating system) used by the Licensee, other information used for communication, which is provided by the Licensee at his/her request via the registration form.
8.3. Data processing means any actions with data, including, but not limited to: access, provision, distribution, collection, systematization, storage, accumulation, recording, transfer, blocking, deletion, clarification, updating and/or modification, depersonalization and other methods of using data by the Licensor.
8.4. The data controller is the Licensor.
8.5. Licensees may provide data independently by posting such data on the website or by notifying via telephone channels and/or to the Licensor's email and/or postal address.
8.6. The Licensor may collect, including, but not limited to, the following data:
name, surname, patronymic, date of birth, data of the authorized person of the company, company name, company details, contact telephone numbers, e-mail address, company location address, other contact data at the request of the Licensee;
Licensee's account information, including phone number, email address, login and password, and other data necessary for communication with the Licensee;
data about the devices used by the Licensee, information about the IP address; date and time when the Licensee uses the website, information about the software, as well as the web browser used by the Licensee, information about the operating system and individual identifiers of the devices used by the Licensee;
data obtained as a result of conducting various surveys by the Licensor and/or third parties authorized by the Licensor, other information obtained by the Licensor as a result of marketing activities;
8.7. The Licensor may also process data using Cookies (cookies are small pieces of data that are sent to the Licensee's computer when you visit a web page and/or when you view an advertising module on a web page and are stored on the Licensee's computer and/or mobile device).
8.8. Use and purposes of data processing
8.8.1. The Licensor uses and processes data for the following purposes:
in order to ensure the implementation of civil law, tax and accounting relations, fulfillment of contractual obligations to provide services, to identify the Licensee, to provide access to the system, process payments, send information by mail, e-mail, conduct settlement operations, provide reporting, maintain accounting and management records, improve the quality of service provision;
to identify the client as the Licensee, to communicate with the Licensee, to send newsletters by mail, e-mail, by phone number, including for the purpose of sending commercial offers, notifications about promotions and news of the Licensor, as well as other portals/sites at the disposal and/or owned by the Licensor.
8.8.2. The Licensor does not process data relating to racial or ethnic origin, political opinions, religious or other beliefs, membership in public organizations. Information characterizing the physiological characteristics of the Licensee, on the basis of which their identity can be established, is also not processed.
8.8.3. The terms of data processing and storage are determined based on the purposes of data processing, as well as based on the terms of this Agreement and in accordance with the requirements of the current legislation of Ukraine.
8.9. Disclosure of data without the consent of the Licensee or a person authorized by him is permitted in cases specified by law and only in the interests of national security, economic well-being and human rights, in particular, but not limited to, upon reasonable requests from state bodies entitled to submit applications and receive such data.
8.10. Disclosure of personal data, including the transfer of such data to third parties, is possible and will be carried out exclusively with the consent of the Licensee. Such consent of the Licensee may be expressed by him both during a direct written request and by actions aimed at granting such permission. For example, ordering third-party services by using the website's functionalities or registering for an event using the registration form posted on the website.
8.11. The Licensee may at any time change/delete personal information or opt out of mailings, or withdraw consent to data processing via the website or by sending a message to the email address: [email protected].
8.12. Upon receipt of such notification, the processing of the Licensee's data will be terminated and his data will be deleted, except in cases where such processing may be necessary in accordance with the current legislation of Ukraine.
8.13. In the event that the Licensor receives personal data of third parties from the Licensee, the Licensor may process them in the same way as the Licensee's personal data. By transferring personal data of third parties to the Licensor, the Licensee confirms that he has the right to such transfer. Any liability for unlawful processing of personal data of third parties received by the Licensor from the Licensee shall be borne by the Licensee.
Licensor:
REQUISITES:
LIMITED LIABILITY COMPANY "ENVIRONMENTAL DATA SYSTEM"
Code according to EDRPOU: 45681049
IBAN: UA453052990000026007026248132 in JSC "CB "PRIVATBANK" MFI 305299
Address: Ukraine, 04136, Kyiv city, Nekrasova Viktora street, building 3
Phone: +380937111771
Email: [email protected]
Participate in testing the ESG company profile
in the SaveEcoBot system in Ukraine
Make your ESG analysis flawless!
