User Agreement & Cookies Policy

English Language Version of the Agreement has Full Priority

ON THE LEOSYSTEM.SOFTWARE WEBSITE USE

(This agreement is a public offer)

Version from date 2019/04/01

This User Agreement (hereinafter referred to as “Agreement”) establishes the rules for the use of services of the LEOSYSTEM.SOFTWARE Site available on the Internet at the URL HTTPS://LEOSYSTEM.SOFTWARE (hereinafter referred to as “Site”) and is a public offer. By continuing to use the website, you person fully and unconditionally accepts all the conditions of this Agreement, which are permanently located at: LEOSYSTEM.SOFTWARE. In case of disagreement with any of the provisions of this User Agreement, the Site Visitor is obliged to refrain from using the services offered on the Site. You must read and agree to the English version of the user agreement, regardless of which language version of the website you are on.

The Rightsholder (Administration) under this Agreement is the following Company:

LEO SYSTEM S.L.

1. Subject of the Agreement, applicable law and basic concepts.

1.1. This Agreement is addressed to any competent individual and/or legal entity, and is a public offer of the Rightsholder (hereinafter also referred to as the Administration or Site Administration) to conclude an Agreement on the conditions specified therein, by attaching to it the data of acceptance of this Agreement.

1.2. The current version of this Agreement is available on the Rightsholder’s website at https://LEOSYSTEM.SOFTWARE. The Rightsholder proposes to carefully read the text of this Agreement and in case of disagreement with any of its clauses, refuse its acceptance.

1.3. The Rightsholder, being the owner of exclusive property and other rights to a complex object, which can be defined as a Website "LEOSYSTEM.SOFTWARE" with the Internet address: https://LEOSYSTEM.SOFTWARE, (hereinafter referred to as the Internet site, and/or the Site), provides Users with the opportunity to use the Site as an Internet resource and a collection of information and computer programs contained in an information system that ensures the availability of such information on the Internet (hereinafter also referred to as Platform). The Site Administration has the right to make changes and additions to this Agreement unilaterally without prior notification of the User and/or obtaining approval from the User.

1.4. By mutual agreement, the Parties have determined that in their legal relations arising from this Agreement, they will use the following interpretation of the main categories and terms:

1.4.1. – website on the Internet — a set of programs for electronic computers and other information contained in the information system, access to which is provided through the Internet information and telecommunications network “ (hereinafter also referred to as the “Internet”) by domain names and/or by URL addresses used to identify sites on the Internet;

1.4.2. - website page on the Internet (hereinafter also referred to as the Internet page) is a part of the website on the Internet, accessed by a pointer consisting of a domain name and symbols, determined by the owner of the website on the Internet;

1.4.3. - domain name — symbol designation, intended for addressing sites on the Internet in order to provide access to information hosted on the Internet;

1.4.4. - network address — identifier in the data transmission network, which determines the subscriber terminal or other means of communication included in the information system during the provision of telematics services;

1.4.5 - website design on the Internet, literary works published in electronic form, and other text and graphic materials distributed on the website on the Internet;

1.4.6. - exclusive rights to design, HTML code, program code of a site on the Internet, use of a site management system on the Internet, as well as access to it (server), administrative panel, rights to use the site's domain name on the Internet and hosting — belong to the Rightsholder;

1.4.7. - the legal status of the Internet Site owner — is a person who, independently and at his or her own discretion, determines the procedure for using the Site on the Internet, including the procedure for posting information on such a Site. In this regard the Rightsholder:

1.4.8. - access to information — the opportunity to obtain and use information,

1.4.9. - confidentiality of information — a requirement for a person who has obtained access to certain information not to transfer such information to third parties without the consent of the information owner,

1.4.10. - provision of information — actions aimed at obtaining information by a limited number of persons or sending information to a limited number of persons,

1.4.11. – sharing of information — actions aimed at obtaining information by an indefinite number of persons or sending the information to an indefinite number of persons,

1.4.12. - information owner — a person who independently created the information or received the right to authorize or restrict access to information determined on some grounds by virtue of a law or contract;

1.4.13. - the legal status of the personal data processing operator — a person organizing and/or processing personal data independently or jointly with other persons, as well as defining the purposes of personal data processing, the composition of personal data to be processed, actions (operations) performed with personal data as a result of the Site functioning on the Internet, and with the mandatory consent of the personal data owner. In this regard:

1.4.14. - personal data — any information relating to a directly or indirectly determined or determined individual (a subject of personal data),

1.4.15. - personal data processing — any action (operation) or a set of actions (operations) performed with personal data with the use of automation tools or without the use of such tools, including collection, recording, systematization, accumulation, storage, refinement (update, change), retrieval, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data,

1.4.16. - automated processing of personal data — processing of personal data using computer technology,

1.4.17. - sharing of personal data — actions aimed at disclosing personal data to an indefinite number of persons,

1.4.18. - provision of personal data — actions aimed at disclosing personal data to a specific person or a specific number of persons,

1.4.19. - blocking of personal data — temporary suspension of the personal data processing (unless it is necessary to process personal data to specify it),

1.4.20. - destruction of personal data — actions, aimed at making it impossible to restore the content of personal data in the personal data information system and/or as a result of which the material carriers of personal data are destroyed,

1.4.21. - de-identification of personal data — actions, as a result of which it becomes impossible to determine the identity of personal data to a specific subject of personal data without the use of additional information;

1.4.22. - databases – is a set of independent materials (articles, calculations, regulations, court decisions and other similar materials) presented in an objective form, systematized in a way to be found and processed using an electronic computer, including their distribution on the Site on the Internet, or formed in the process of creating a site on the Internet;

1.4.23. - personal data information system – is an aggregate of personal data contained in databases and information technologies with technical tools that ensure their processing, presented in an objective form, including those formed during the creation and/or operation of a site on the Internet;

1.4.24. - platform — software and hardware complex designed for interaction of the participants (users) of the site for the purposes defined by this Offer. The platform consists of the client and server parts, as well as the information and reference part, access to the client and information part of which is provided through the https://LEOSYSTEM.SOFTWARE site;

1.4.25. - visitor – is a user accessing the Site via the Internet;

1.4.26. - content — information posted on the Site, including: advertising, texts, comments, announcements, photo and/or video materials, design elements, illustrations, scripts, computer programs.

1.5. The Rightsholder is not an agent or representative of any of the User Groups; therefore, the Rightsholder is not responsible for the accuracy of the information they share, the author of this information, or the person who shared this information, bears responsibility for it, as well as for possible harm caused.

1.5.1. A User who shared information in any form, including text, graphic images, photo or video images, ensures that they are the appropriate copyright holder in relation to this information. If this is not the case, then such User undertakes to follow the citation rules, indicating the source of shared information and that the fact of sharing such information does not violate any personal and/or property rights of third parties, and none of the above statements is subject to dispute.

1.6. Site services are provided on a paid without a term, except for cases of termination of such services provision on the grounds and in the manner prescribed by this Agreement.

1.6.1. The Site Administration has the right at any time to change the order and conditions for providing the Site’s services, as well as to change their composition (in whole or in part, by limitation or expansion), as well as to stop the provision of such services (in full and/or partially), without explaining the reasons for such termination.

1.6.2. The Site Administration is entitled at any time to establish the rules according to which the transactional services of the Site can be provided in identifying the Participant’s identity and/or the bank account specified by them.

1.6.3. When using the services of the Site, it is strictly prohibited:

The use of words, expressions, images, audio and video materials that contradict the norms of humanity, morality, ethics, business ethics, incl. the use of expletives or expressions, insults to the Users, the Site Administration, third parties, the spread of threats to life or health of people or animals, the use of words, text, graphic, audio and video materials of discriminatory, humiliating, offensive, obscene or pornographic nature, aimed at humiliation of human dignity, incitement of hatred or enmity, infliction of moral suffering, moral harm, damage to business reputation of the User or other persons and reputation of trademarks and brands of Site Administration or third parties.

1.7. The Site Administration has the right to change the procedure and conditions for the application of certain norms of legal regulation to legal relations arising under this Agreement, in view of the requirements of special domestic legislation of individual countries.

2. Rights, obligations and guarantees of the parties.

2.1. The Rightsholder is obliged to:

- provide a service of good quality, in the manner specified by this Agreement.

2.2. The Rightsholder has the right to:

- implement targeting advertising materials in the process of providing services under this Agreement;

- carry out the process of providing services under this Agreement: personal data processing, automated personal data processing, personal data distribution, provision, blocking, destruction and de-identification of personal data, in the manner and under the conditions defined by this Agreement, and norms of current legislation;

- at any time change the composition of the Platform, change the interface, the order of access to the Platform, the main functionality of the Platform without the need for prior notification and/or subsequent approval by the User. Information about the changes made is communicated to the User by posting on the Website and/or in the Personal Account. Unless otherwise established by the Rightsholder, the User shall have the right to use the Platform taking into account the changes (additions) made in the manner provided for in this Offer;

- establish a charge for the use of certain Site functionaries, or introduce paid services on the Site, payment for the use of which is carried out only upon prior notification of the Users and obtaining their consent for that;

- use cookies and similar technologies (including pixel tags, web beacons, transparent GIF files, JavaScript and local data storage, etc.) to collect personal identification information, or information that may become personal identification information in combination with other information, while complying with all necessary regulatory requirements regarding the confidentiality of the User personal data, by identifying users, counting their number and observing which pages They visit at the website to ensure maximum convenience for users, providing personalized information, remembering marketing and product preferences, as well as helping to get correct information (including entering the secure areas of the site or using a virtual shopping cart) on the Site, in order to improve and optimize the work of the Site to simplify the search for the necessary information by the Site visitors;

- to provide advertising, messages and content, by but not limited to using the distribution of advertising SMS notifications (messages), advertising notifications and messages, via e-mail on the Internet, using the services and databases of both the Site itself and third-party (external) services and sites and resources on the Internet, with the provision of the minimum necessary personal information about the User;

- to use in the process of providing services under this Agreement the use of “counters” and “analytics” of attendance, including: “LiveInternet”, “Google analytics”, etc.;

- the Rightsholder has the right to suspend the granting of rights to use the Platform to the User, who violates the provisions of this Agreement, until proper fulfillment by the User of the obligations assumed.

In case of non-elimination of the violations committed within the prescribed period, the Rightsholder has the right to terminate the provision of the User’s rights to use the Platform, blocking the User’s account on the Site and terminating the User’s access to the Site and the Platform.

2.3. The Rightsholder is not a representative of any of the Users, therefore, cannot be responsible for any financial obligations arising between them.

2.4. Nothing in this Agreement grants the User the right to use the brand name, trademarks, domain names and other distinctive marks of the Site.

2.4.1. By posting on the Site any materials on their own behalf, incl. text materials, images, including individuals, drawings, photographs, audio and video materials, audiovisual works and other objects of copyright, the User declares and guarantees that the exclusive right to the materials placed by them belongs to them personally, the specified materials do not violate the rights of third parties, including rights to images of individuals or intellectual rights. The platform administration is not responsible for the goods and services posted by users, photos, and video materials.

2.4.2. If the rights to any materials containing objects of intellectual rights belong to third parties, the User is entitled to post such materials on the Site only provided that these materials are placed and further communicated to the public using the Site, with the consent of the copyright holder, and subject to the indication of the name or title of the actual copyright holder.

2.4.3. In the case of posting on the Site images of third parties, including photographs, videos, drawings or other works in which such persons are depicted, the User is entitled to post such images only on condition that they obtain the consent of the third parties depicted to post and further use these materials on the Site.

2.4.4. If the User has not obtained the consent of the current copyright holder to post any materials on the Site and make them available to the public using the Site, or if the current holder is not known to the User, the User is not entitled to post such materials on the Site, as this may lead to violation of the rights of third parties (image rights, intellectual property rights).

2.4.5. By placing on the Site any protected materials having exclusive rights on these materials on their own behalf, the User agrees to the free use of such materials by the Site Administration for 50 years, including use for commercial purposes, bringing such materials to the public using the Site, other Internet resources owned by the Site Administration, reproduce the materials and their works in an unlimited number of copies in any material form, including (but not limited to) audio, video recording, recording the work on electronic media or computer memory, distributing copies of materials and their constituent works, publicly displaying or performing copies of materials and their constituent works, reporting materials and works broadcast, translate or otherwise process the materials and works contained therein. If the User does not wish to give Administration of the Site consent to use the materials placed by them on the specified conditions and by the methods listed above, they are obliged to refrain from posting such materials on the Site.

2.4.6. Taking into account the specifics of copyright objects, for the emergence of rights to which registration of a work or compliance with any other formalities is required, also taking into account the peculiarities of using works on the Internet, when assessing compliance by the User with exclusive rights of third parties, the Site Administration proceeds from the presumption of good faith of the User, respect for the rights of third parties and strict adherence to all the provisions of this Agreement. In the event of the discovery of a violation of third parties’ intellectual rights as a result of User’s placing any materials on the Website, the User is responsible for such a violation. If the alleged violation of third-party intellectual property rights is revealed by the Site Administration, including the complaint of the actual copyright holder or their legal representatives, the Site Administration has the right to block or delete materials from the Site without prior notice to the User if placement use of such materials may violate third-party rights.

2.5. The User hereby acknowledges and agrees that the Platform is provided on an “as is” basis and the Rightsholder is not obliged to provide the User with corrections, additions, new versions of the Platform. Platform as any software may be not free from software errors or crashes. The Rightsholder shall not be liable for any errors, failures, disruptions in the work of the Platform, as well as for possible losses of the User in this regard.

2.5.1. The Site may contain links to sites and other information resources of third parties on the Internet, posted solely for the convenience of Users. The Site Administration does not declare their approval and does not give any assessments of third-party sites or the information contained on these sites, as well as the possible results of their use, nor does it check the accuracy and relevance of this information. Responsibility for the use of third-party sites is entirely on the User.

2.5.2. The Site Administration is not responsible for technical failures on the Site, for the temporary lack of access to the Site, materials posted on it, if this is caused by planned or unplanned technical and preventive works, technical failures in the work of Internet providers, computer networks, servers and software, as well as illegal actions of third parties and the actions of the User and/or force majeure.

2.6. The placement and distribution of advertising materials aimed at promoting goods, works, services, and means of individualization of third parties is prohibited on the Website that is inconsistent with the Site Administration. The acceptance of the offer is equivalent to the conclusion of the contract on the conditions set out in the offer.

2.6.1. The user gives a commitment that their use of the services of the Site shall not:

a) be related to the provision of false information, fraudulent , or otherwise facilitate the implementation of other illegal activities;

b) infringe any copyright, patent rights, trademarks, trade secrets or other property rights, or rights to public use and to protect the privacy sphere, or other legal rights of a third party, or otherwise promote or incite to their infringement or violation;

c) include any computer viruses or other destructive devices and codes that have the effect of damaging, interfering, intercepting or forcibly alienating any software or hardware complex, data or personal information.

The user makes a commitment that will reimburse the Site Administration, its employees, agents and representatives in full, without exception, any losses, claims and obligations (including legal support costs) that may arise as a result of the provision or placement of materials or their removal, use of such Website by the User or violation by this User of this Agreement. Also, the User makes a commitment that the Site Administration, its employees, agents and representatives are relieved from liability to third parties in full, for the actions specified in this paragraph and committed by the User.

3. Personal data processing and privacy policy.

3.1. By accepting this Agreement, the User confirms their consent to the processing of his personal data.

3.2. The User is obliged to fully familiarize themselves with this Policy. Use of the website means full and unconditional consent of the User with this Policy.

3.3. Personal data processing means any action (operation) or a set of actions (operations) with personal data, performed with the use of automation tools or without their use. The processing of personal data includes:

- collection;

- record;

- systematization;

- accumulation;

- storage;

- clarification (update, change);

- extraction;

- use;

- transfer (distribution, provision, access);

- depersonalization;

- blocking;

- deletion;

- destruction.

- automated processing of personal data — processing of personal data using computer equipment;

- distribution of personal data — actions aimed at disclosing personal data to an indefinite circle of persons;

- provision of personal data — actions aimed at disclosing personal data to a specific person or a certain number of persons;

- blocking of personal data — temporary suspension of the processing of personal data (unless it is necessary to process personal data);

- destruction of personal data — actions, as a result of which it becomes impossible to restore the content of personal data in the information system of personal data and (or) as a result of which the material carriers of personal data are destroyed;

- depersonalization of personal data — actions, as a result of which it becomes impossible without the use of additional information to determine the identity of personal data to a specific subject of personal data;

- personal data information system — a set of personal data contained in databases and information technologies and technical means ensuring their processing;

- cross-border transfer of personal data — transfer of personal data to the territory of a foreign state to the authority of a foreign state, a foreign individual or a foreign legal entity;

- access to information — the possibility of obtaining information and its use;

- confidentiality of information — mandatory for the person who has obtained access to certain information, the requirement not to transfer such information to third parties without the consent of its owner;

- provision of information — actions aimed at obtaining information to a certain number of persons or transmitting information to a certain number of persons;

- sharing information — actions aimed at obtaining information by an indefinite number of persons or the transmission of information to an indefinite number of persons;

- information owner — a person who has independently created information or obtained the right to authorize or restrict access to information determined on any basis backed up by the law or contract.

3.4. Under this Policy, the User’s personal information means:

3.4.1. Personal information that the User provides about themselves.

3.4.2. Data that is automatically transmitted to the Rights Holder during the use of the Site using the software installed on the User’s device, including the IP address, cookie information, information about the User’s browser (or another program that allows access to the Site’s services), time access, the address of the requested page, also other data, including those reported by the User after the registration of the User, in the process of using the Site.

3.5. This Policy applies only to the services of the Site. The Rightsholder does not control and is not responsible for third-party sites/services to which the User can follow links available from the Website services, including information about the User processed by third parties.

3.6. The Rightsholder collects and stores only personal information that is necessary for the provision of the Site’s services or the execution of agreements and contracts with the User, except when the law provides for the mandatory storage of personal information for a period specified by law in order to:

- user identification;

- provision of personalized services to the User;

- communication with the User, including the sending of notifications, requests and information regarding the use of the site, the provision of services, as well as the processing of requests from the User;

- targeting of advertising materials;

- conducting statistical and other studies based on anonymized data;

- conducting marketing campaigns for the Users, including for the purpose of distributing offers to participate in the campaign and receive gifts/rewards provided by the campaign; distribution of promotional and informational materials on telecommunication networks, including using telephone, facsimile, mobile radiotelephone communications, or through direct contacts; targeting advertising materials and other information brought to the attention of Users.

3.7. With respect to the user's personal information, its confidentiality is maintained, except for the cases where the user voluntarily provides information about themselves for general access to the general public.

3.8. The Rightsholder has the right to transfer the personal information of the User to third parties in the following cases:

- the user has expressed their consent to such actions;

- the transfer is necessary to use a specific service of the Site;

- the transfer is stipulated by the legislation in the framework of the procedure established by the legislation;

- the transfer takes place as part of the sale or other transfer of the Site (in whole or in part), and all obligations to comply with the terms of this Policy with respect to the personal information received by the acquirer and are transferred to them.

3.9. The Rightsholder has the right to:

- carry out the processing of personal data, automated processing of personal data, sharing of personal data, the provision of personal data, blocking personal data, the destruction of personal data, the depersonalization of personal data;

- use cookies and similar technologies (including pixel tags, web beacons, transparent GIF files, JavaScript and local data storage, etc.) to collect personal identification information, or information that may become personal identification information in combination with other information, while complying with all necessary regulatory requirements regarding the confidentiality of the personal data of the Users, by identifying users, counting their number and observing which Site pages they visit to ensure maximum convenience for Users, providing personalized information, remembering marketing and product preferences, as well as helping to get correct information (including entering the secure areas of the site or using a virtual shopping cart) on the Site, in order to improve and optimize the work of the Site, including simplifying the search for the necessary information by the visitors on the Site;

- to provide advertising, messages and content, including the distribution of advertising text messages, other advertising notifications and messages, sent via e-mail on the Internet, using services and databases of both the Site itself and third-party services (external) sites and resources on the Internet, with the provision of the minimum necessary personal information about the User.

3.10. The Rightsholder has the right to use the information provided by the User, including personal data, in order to ensure compliance with the requirements of current legislation (including for the purposes of preventing and/or preventing illegal actions of Users). The disclosure of the information provided by the User can be made only in accordance with the current legislation at the request of the court, law enforcement agencies, as well as in other cases provided by law.

3.11. The user is solely responsible for the security (resistance to choice) of the means chosen by him to access the site, and ensures their confidentiality.

3.12. All information about Users posted on the Site is provided directly by Users. Before placing this information on the Site, the Administration takes reasonable steps to verify the information provided to the Site Administration. At the same time, the Administration of the Site does not regularly check this information to determine its relevance. When forming contacts, or using such information, the interested User undertakes to independently verify the accuracy of the information posted on the Site.

4. Force majeure circumstances.

4.1. The Parties shall be exempted from liability for partial or complete non-fulfillment of obligations under the Agreement, if such non-fulfillment of obligations resulted from force majeure circumstances that arose after the conclusion of the Agreement as a result of emergency events that the Parties could neither foresee nor prevent and which do not depend on the will of the Parties, namely, earthquakes, floods, typhoons, hurricanes, military actions, mass strikes, mass diseases (epidemics), civil unrest (riots, uprisings), as well as actions of state bodies of a prohibitive and/or restrictive nature, as a result of which either of the Parties will not be able to continue to fulfill its obligations under this Agreement.

If any of the above circumstances directly affected the possibility of fulfilling the obligation within the period established by the Agreement, then this period is commensurately postponed for the duration of the relevant circumstance.

4.2. If the state of non-fulfillment of obligations arising from the Agreement lasts more than one month and there is no possibility to make a mandatory statement on the date of termination of circumstances preventing their fulfillment, then each of the parties has the right to terminate the Agreement unilaterally, notifying the other Party in writing without mutual claims to each other.

4.3. In the event of force majeure, the Party, for which it was impossible to fulfill the obligations under this Agreement, shall within 5 (five) business days notify the other party of the occurrence and expiration of the force majeure circumstances.

4.4. The party that has not fulfilled its obligation to notify the other Party about the occurrence of force majeure and has not documented the fact (assuming that such a fact can be documented by its nature, or the possibility of documenting it is stipulated by current legislation), loses its right to refer to these circumstances later.

5. Transitional provisions.

5.1. The parties are responsible for non-compliance with the terms of the Agreement in accordance with the law.

5.2. All disputes and claims arising between the parties to this contract are resolved through compromise and negotiation. If it is impossible to reach agreement within thirty days from the day when one party notified the other of the dispute, the dispute may be brought to court. The parties agree that such a court is a court located at the location of the Rightsholder, or at the option of the Rightsholder.

5.3. All notifications, requirements or other written requests of the Party are sent to each other by e-mail to the address of the Site Administration. The above notices, requests or other written requests are considered as delivered if they:

a) are sent by registered mail with delivery receipt notification — on the date indicated in the delivery receipt,

b) are delivered by courier,

c) are handed over under the personal signature of the Party or its authorized representative,

d) are sent via e-mail. The email of the Site Administration is: Use the feedback form on the site.

5.3.1. The user or a person who is not registered on the Site, who believes that their rights and interests are violated due to illegal actions of Users or the Site Administration, is obliged to send a complaint to the Site Administration. The consideration and sending of the answer are carried out by the Administration within 30 days from the moment of claim receipt.

5.4. The parties are entitled to terminate the agreement by mutual agreement.

5.5. If any of the provisions of this Agreement is invalidated, this does not result in the recognition of the entire Agreement as invalid.