Edited on August 5, 2021
DEAR CUSTOMER! PLEASE READ THIS CUSTOMER AGREEMENT CAREFULLY BEFORE USING THE AUTOBI PROGRAM. THIS AGREEMENT GOVERNS THE RELATIONSHIP BETWEEN YOU AND THE AUTOBI PROGRAM. TERMS AND CONDITIONS OF YOUR USE OF THE AUTOBI PROGRAM. YOU HAVE THE RIGHT TO USE THE PROGRAM ONLY IN CASE OF ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. THE BEGINNING OF YOUR USE OF THE PROGRAM MEANS YOU UNCONDITIONALLY CONCLUDE THIS AGREEMENT AND FULLY CONSENT TO ALL ITS TERMS.
This Client Agreement for the use of the "AutoBI" program (hereinafter - the "Agreement") is concluded between the Limited Liability Company "ALARIUS FMS", which is located at: Ukraine, 04119, Kyiv, Degtiarivska street, 25/1, with EDRPOU (National State Registry of Ukrainian Enterprises and Organizations) code 43572863 (hereinafter - "AutoBI") and you, the person who receives the right to use the Program (hereinafter - the "Client"), under the following conditions. 1. Defined terms
1.1. "Program" – the software product "AutoBI", which is the result of computer programming in the form of an online service (both in general and its components) hosted on external servers.
1.2. "Client" - a legal or natural person who has obtained the right to use the Program under the terms of this Agreement and has the necessary active legal capacity to enter into this Agreement.
1.3. "Pricing plan" - a type of Program that differs from others in functionality and period of use.
1.4. "Website" - an AutoBI website located on the Internet at https://auto-bi.io/en
1.5. "Partner" - a person authorized on behalf of AutoBI for resale to customers of the Program.
1.7. Account - the Client's account on the Website, necessary for his authentication and providing access to his Personal Cabinet.
1.8. The Client's personal cabinet is a section of the Restricted Access Website, through which the Client, having passed the authorization procedure by entering the login and password, can use the Program.
1.9. "User" - a person to whom the Client provides access to the use of the Program. 2. The procedure for concluding the agreement
2.1. This Agreement is a proposal to enter into an electronic agreement (offer). The agreement is concluded by offering to conclude it with AutoBI and accepting it by the Client.
2.2. AutoBI offers to enter into this Agreement by posting it on the Internet. The offer to enter into the Agreement includes the conditions contained in other electronic documents, which are an integral part of it. Such documents include, but are not limited to:
Terms of privacy posted at: https://auto-bi.io/privacy-en
2.3. The Client provides AutoBI with a response of the full and unconditional acceptance of AutoBI's offer to enter into this Agreement by performing any of the following actions:
Registration of the Client in the Program and an account setup;
Acceptance of the terms of the Agreement on the Website by the Client;
Any use of the Program by the Client;
In case of concluding a separate agreement for the acquisition of the right to use the AutoBI Program or by the Partner - by concluding such an agreement;
Acquisition of the right to use the Program by AutoBI or Partner.
2.4. If the Client does not agree to any of the terms of this Agreement, he has no right to use the Program. Full and unconditional acceptance of the terms of this Agreement by the Client is a necessary condition for the use of the Program.
2.5. This Agreement is concluded at the moment of the Client's acceptance of the offer to conclude it (but in any case - not later than the moment of the beginning of his use of the Program) and is valid until the moment of its termination. Termination of the Agreement does not terminate the obligations arising during its validity period. 3. Subject of the agreement
3.1. Under this Agreement, AutoBI grants the Client the right to use the Program for its functional purpose under the terms of the Agreement.
3.2. In case the Client acquires the right to use the Program at a paid rate, the terms of such acquisition may be determined by:
3.3. With some pricing plans (including - the pricing plan "AutoBI: Free" and special offers) at the discretion of AutoBI. The program can be provided for its use for informational purposes with no fee payment for its provision. In any case, AutoBI reserves the right to unilaterally terminate the Agreement on the tariff "AutoBI: Free" and special offers at any time and without applying measures of responsibility to it.
3.4. With the consent of AutoBI, the Client has the right to change the pricing plan during the entire term of the right to use the Program.
3.5. The period of a right to use the Program begins from the moment the Client is granted access to the Program on the terms of the relevant pricing plan. In case of expiration of the right to use the Program and failure of the Client to acquire the right to use the Program on the terms of a paid pricing plan or special offer, the Client's access to the program at the time of expiration of such period is restricted.
3.6. All provisions of this Agreement apply to the Program as a whole and to its individual components, which may not be shared and/or used on different computers.
3.7. In the sense of paragraph 26-1 of subsection 2 of section XX "Transitional Provisions" of the Tax Code of Ukraine, the operation of granting the Client the right to use the Program under this Agreement is a supply of software products and is exempt from VAT. 4. The cost of using the program
4.1. According to the Client Agreement, the Parties have agreed and set a price for the use of the Program:
- per unit of connected vehicles in the amount of 8.00 US dollars (ex VAT) for 1 calendar month.
- per unit of connected equipment in the amount of 2.30 US dollars (ex VAT) for 1 calendar month.
4.2. The price for the use of the Program per unit of connected vehicles and equipment may be changed by the Parties in accordance with paragraph 5.1. of this Agreement.
4.3. Payment is made in Ukrainian hryvnia, on the day of invoicing at the interbank rate according to the website https://minfin.com.ua/ua/currency/mb/
5. Adding amendments to the agreement
5.1. The terms of this Agreement may be changed by AutoBI at any time by posting an updated version of the Agreement at: https://autobi.io/agreement-en
AutoBI notifies Customer of any changes by sending him a notice through the Program during or after entering the Personal Cabinet. The Client is duly notified of changes in the terms of the Agreement from the moment of sending such notification from AutoBI.
5.2. The Client undertakes to accept any changes made by AutoBI to the terms of the Agreement. If the Client does not accept such changes, he is obliged to notify AutoBI in writing of non-acceptance of the changes within five days from the moment of notifying the Client. If the Client has not notified AutoBI of the non-acceptance of changes to the Agreement, it is considered that the Client has accepted such changes from the sixth day after notification of them.
5.3. If the Client does not accept the amendments to the Agreement, its validity shall be terminated automatically at the moment of expiration of the right to use the Program. In this case, the Client has no right to extend the validity of the right to use the Program. If the right to use the Program is granted to the Client for an indefinite period, the Agreement is terminated within five days from the date of notification of the Client about changing the terms of the Agreement.
5.4. The Client has the right to receive this Agreement by e-mail in a form that makes it impossible to change its content. The Agreement received by the Client in such form shall be valid until the amendments to the Agreement are made in accordance with the procedure provided for in this article.
5.7. AutoBI has the right to unilaterally change the list and conditions of the pricing plans. 6. Other provisions
6.1. The Client is identified by entering information (unique name, password, and other data) in the registration form on the Website.
6.4. The Client has the right to terminate this Agreement by notifying AutoBI in writing to its contact address. The cost paid by the Client for the use of the Program is not refundable in this case.
6.6. AutoBI has the right to terminate the Agreement unilaterally at any time without notifying the Client in case of non-use of the Program at the "AutoBI: Free" pricing plan and pricing plans under special offers within fifty days. In this case, AutoBI is not obliged to pay the Client any compensation related to the specified termination. Non-use of the Program means the absence of data on the authorization of the Client or users in the AutoBI archive system.
6.7. Upon cancellation or other termination of this Agreement, the Client loses the right to use the Program, and the Portal, Personal Cabinet, all accounts and Content are deleted. After the registration of the Agreement is terminated, the domain name of the Portal becomes available for use by other clients.
6.8. AutoBI has the right to unilaterally suspend or restrict access to the Program and its use by the Client and users at any time in the event that AutoBI suspects unauthorized access to the Program by the third parties.
6.9. AutoBI has the right to transfer the rights and obligations under this Agreement to third parties without the consent of the Client. The Client has no right to transfer the rights and obligations under this Agreement to third parties without the consent of AutoBI.
6.10. On all issues not regulated by this Agreement, AutoBI and the Client are guided by the current legislation of Ukraine.
6.11. All disputes, disagreements, or claims arising out of or in connection with the Agreement shall be settled by negotiation. In the absence of consent, the dispute between AutoBI and the Client is subject to consideration in the relevant court in accordance with the laws of Ukraine. Contact Information
Limited Liability Company "ALARIUS FMS", 04119, Kyiv, Degtiarivska street, 25/1
EDRPOU code 43572863 https://auto-bi.io/en
Support service: firstname.lastname@example.org