Test period

Terms of the test period

The test period is to provide legal entities, individuals – entrepreneurs or individuals with the opportunity to assess the suitability of services in the field of informatization (hereinafter – Services) provided by TRADING SYSTEMS LLC (hereinafter – the Contractor) to meet the business needs of potential customer.

Terms and definitions

The Contractor ‘s information system is a software and hardware complex used by the Contractor for the provision and accounting of services.

Potential customer any natural person, legal entity or natural person – entrepreneur, registered in the manner prescribed by law and carries out its activities in accordance with current legislation of Ukraine, registered in the Information System of the Contractor (creation of any account by providing the necessary for registration of information) and unconditionally agreed to fulfill all the conditions of the test period.

Parties – the Contractor or the Potential Customer, and each separately – the Party.

General provisions

1.1. The test period is provided solely for the purpose of assessing by the Potential Customer the suitability of services to meet his business needs in the framework of activities that do not contradict the current legislation of Ukraine.

1.2. There is no payment for the use of the Services during the test period.

1.3. By registering in the Information System of the Contractor, the Potential Customer confirms the unconditional acceptance in the current version of the terms of the test period in full and agrees with all the provisions of this document. If the potential customer does not fully accept all the conditions set out in this document, he is not entitled to use the Services during the test period.

1.4. A detailed list of services that may (but do not have to) be provided during the test period is determined according to the list in text form or in the form of a calculator – service configurator.

1.5. Services during the test period are provided on an “as is” basis, they are excluded from the Service Level Agreement of all limited warranties provided for in this Agreement, and without any liability on the part of the Contractor for any consequences of using or not using the Services.

2. Rights and obligations of the parties

2.1. The Contractor must:

2.1.1. Take measures to prevent unauthorized access to identification data and other confidential information of the potential customer, which was provided to the Contractor during the test period.

2.1.2. Properly perform other duties provided by the current legislation of Ukraine.

2.2. The potential customer is obliged to:

2.2.1. Before entering the Information System of the Contractor, read the terms of the test period.

2.2.2. When registering in the Contractor’s Information System, provide the Contractor with all the necessary reliable data for such registration.

2.2.3. Do not allow the disclosure to third parties of any related to the maintenance of credentials, including, but not limited to, registration data in the Information System of the Contractor.

2.2.4. Not to use the Services for the purposes and not to perform actions that do not correspond to the purposes of providing the test period specified in clause 1.1., Or prohibited by the current legislation of Ukraine, including (but not limited to):

2.2.4.1. Do not take harmful actions aimed at the Contractor’s platform or other clients ‘services, restrict or block other clients’ access to the Contractor’s services;

2.2.4.2. Attempts are made by the Customer to gain unauthorized access to the Contractor’s information resources;

2.2.4.3. Do not disseminate, by sending, electronic messages or posting on the Internet information, the dissemination of which is prohibited by the legislation of Ukraine, international law, as well as information the dissemination of which is contrary to morality and oppresses the rights and legitimate interests of third parties;

2.2.4.4. Do not distribute malicious computer programs or other equivalent computer programs and their components;

2.2.4.5. The services provided to the Potential Customer by the Contractor are used by the Potential Customer to perform actions that infringe the copyright or related rights of third parties;

2.2.4.6. The services provided to the Potential Customer by the Contractor are used by the Potential Customer for mass mailing of electronic messages of both commercial and non-commercial content, if the mailing is carried out without the prior consent of the recipients to receive these messages (spam), and in cases where by means of such mailing carried out by the third parties, distribution of advertising of the goods, works, services of the potential customer or information resource of the potential customer is carried out;

2.2.4.7. The potential customer violates the copyright owned by the Contractor to the program (programs) for the computer, the use of which (which) is carried out by the potential customer on the basis of a license agreement (license) with the Contractor;

2.2.4.8. The potential customer stores information prohibited by the legislation of Ukraine and international law. Store of pornographic materials;

2.2.4.9. The potential customer stores information that is illegally obtained in whole or in part, protected by copyright and / or related rights without the permission of the owners of these rights;

2.2.4.10. The potential customer stores information containing viruses or other harmful components;

2.2.4.11. The potential customer takes actions aimed at disrupting the normal functioning of the elements of the cloud infrastructure and / or the Internet (computers, other equipment or software), as well as hacking the Contractor’s platform;

2.2.4.12. The potential customer takes actions aimed at obtaining unauthorized access to cloud infrastructure resources and / or the Internet (computer, other equipment or information resource), further use of such access, as well as destruction or modification of data on this resource.

2.2.5. Prior to the end of the test period, notify the Contractor of the desire to preserve the application landscape deployed during the test period in order to further transition to the use of services on a commercial basis. At the time of transition to the use of services on a commercial basis to pay the cost of storage of the landscape for the period from the end of the test period to the date of commencement of commercial operation in the amount of the cost of services for this period.

2.2.6. Adhere to the legislation of Ukraine concerning information, its transfer and protection.

2.2.7. Prevent illegal use of intellectual property. When using the Services, use only licensed software, for which the Potential Customer undertakes to enter into appropriate license agreements with the right holders of the software or otherwise ensure its use.

2.2.8. Independently be responsible for information that is stored, processed, transmitted or released through services, namely, in compliance with copyright, other laws and ethics of online conduct; for unauthorized access to computers and information sources.

2.2.9. Independently bear the risk of possible adverse consequences related to the loss or disclosure by the Potential Customer of his access credentials or violation of the integrity and / or availability of the application landscape deployed during the test period.

2.2.10. It is polite to communicate with the Contractor’s representatives without using profanity, without making unfounded accusations against the Contractor in any form.

2.2.11. Properly perform other duties provided by these conditions of the test period and the current legislation of Ukraine.

2.2.12. To be responsible for improper use of the Services in accordance with the current legislation of Ukraine.

2.3. The Contractor has the right to:

2.3.1. Independently set and at some point change the possibility of obtaining and the duration of the test period, as well as the conditions of its provision, without the obligation to notify the potential customer in any form.

2.3.2. At any time, in its sole discretion and without mandatory explanation of the reasons or warning to refuse the Potential Customer to provide a test period or to terminate the provided test period and delete all data of the potential customer stored in the Information System of the Contractor.

2.3.3. Delete all data of the potential customer stored in the Information System of the Contractor after the end of the test period if the potential customer has not exercised his right to switch to commercial use of services in accordance with paragraph

2.4.4. these conditions of the test period or did not warn about the desire to save data in accordance with paragraph

2.2.5. these conditions of the test period.

2.3.4. Inform the potential customer about new types of services that the Contractor may provide to the Potential Customer by sending an e-mail.

2.3.5. The Contractor also has other rights provided by the current legislation of Ukraine.

2.4. The potential customer has the right to:

2.4.1. Receive information from the Contractor about the Service and the conditions of their provision.

2.4.2. Contact the Contractor’s technical support service with inquiries and suggestions on setting up, using and improving the quality of services.

2.4.3. Modify the list and parameters of services he uses during the test period according to his interests.

2.4.4. During the test period or after its termination, at its discretion to refuse further use of the Services or switch to their use on a commercial basis by signing a contract and paying for the services.

2.4.5. The potential customer also has other rights provided by the current legislation of Ukraine.

3. Other

3.1. Each of the Parties in accordance with the Law of Ukraine “On Personal Data Protection” gives the other Party unambiguous unconditional consent (permission) to process personal data in written and / or electronic form in the amount contained in these conditions of the test period, in order to ensure the implementation of civil -legal, economic-legal, administrative-legal relations, and also confirms that the inclusion of personal data in the personal data base of the other Party, the right as a subject of personal data, the purpose of collecting this data and the persons to whom this data is transferred. In this case, the Contractor provides processing of personal data of the potential customer solely for the purpose of providing services during the test period.