Public offer agreement and use of personal data

Personal data processing and privacy policy

This Policy on the processing of personal data and confidentiality (hereinafter referred to as the Policy) applies to all information that LLC "GREEN FISH PLANT" (hereinafter referred to as the Company) and/or its affiliates, including all persons belonging to the same group as LLC "GREEN FISH PLANT", may obtain about the user during his use of any of the sites, services, services, programs and products of LLC "GREEN FISH PLANT" during the process of registration, authorization and other use, as well as during the execution by LLC "GREEN FISH PLANT" and its affiliates of any agreements and contracts concluded with the user in connection with the use of the services. The User's consent to the processing of personal data and other information provided by him to the Company, expressed in accordance with the Policy, is considered to be simultaneously provided by the User to third parties specified in the Policy who are engaged by the Company to assist in the implementation of the User Agreement, the Membership Agreement, and the License Agreement.

Using the website electro.nd.ua (hereinafter referred to as the Site), the cloudpay Application (hereinafter referred to as the Application), the cloudpay Service (hereinafter referred to as the Service), in particular, the User's registration and authorization, means the User's unconditional consent to the Policy and all the conditions for processing his personal data and other information specified therein, namely to perform actions stipulated by the Law of Ukraine "On Personal Data Protection" both without and with the use of automation tools, and confirms that, by giving such consent, he acts freely, of his own free will and in his own interest; in case of disagreement with the Policy and all its conditions, the User must refrain from using the Site, Application, Service.

By using our Site, Service, Application and providing your consent to the use of personal data, you, in particular, give your consent to the recording of a conversation with an employee of the Company or a call center operator, to sending you via any communication channels, including: SMS notifications, push notifications, sending messages via WhatsApp, call, voice message, e-mail message, information, individual offers and advertising materials about products and services provided by the Company, related to the Site, Service, Application and the Company's business activities, including messages about existing or under development products and services of the Company and its partners. You acknowledge that you have read the terms of this Policy and agree to the processing of your personal data on the terms specified below. If you do not agree to these terms, please do not provide your personal data. You independently decide to provide us with your personal data through special interactive forms posted on the Site, Service and Application. You give your consent to the processing of personal data freely, of your own free will and in your own interest. By providing your consent and continuing to use the Site, you express your agreement that your consent to the processing of personal data is specific, informed and conscious. Consent is considered given if you tick the box in the interactive personal data collection form to confirm that you agree with this Policy.

Terms and definitions

The following terms are used in this Policy::

  • Personal data — any information relating directly or indirectly to an identified or identifiable natural person (personal data subject).
  • Processing of personal data — any action (operation) or set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), retrieval, use, transmission (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data
  • Privacy of personal data — a requirement that must be observed by the Company or another person who has gained access to personal data, not to allow their dissemination without the consent of the personal data subject or the presence of another legal basis.
  • User — a person who has access to the Site, Service, Application via the Internet. "Cookies" — a small piece of data sent by a web server and stored on the user's computer, which a web client or web browser sends to the web server in an HTTP request each time it tries to open a page of the corresponding site.
  • IP address — a unique network address of a node in a computer network built using the IP protocol.
  1. Personal data and other information of the User received and processed by the Company

    1. During registration, authorization of the User, as well as during use of the Site, Application, Services, making payments, conducting surveys, sending informational and advertising messages and in all other cases provided for by the User Agreement, the Accession Agreement, the License Agreement, the Company may request from the User (clause 1.1.1. of the Policy) and/or automatically receive (clause 1.1.2. of the Policy) the following information about the User:
      • surname, first name, patronymic, year, month, date and place of birth, gender, passport data, mobile phone number, email address, registration address/actual (postal) address, login and password information for access to individual functions of the Site, Application, Service, driver's license data, data on the presence (absence) of medical contraindications to the use of a vehicle, biometric data (photographs), data on the place of work, position, control information, history of using the Service (information on the number of visits to the Service).
      • information that is automatically transmitted to the Company during the use of the Site, Application, Service, using the software installed on the User's device, in particular IP address, information about cookies and tracking bugs, information about the country and (or) city of the User's location, information about the User's Internet browser (or other program used to access the Site, Application, Service), access time, address of the requested page, about the User's devices used to access the Site.
    2. This Policy may be applied only to the Site, Application, Service. The Company does not control and is not responsible for third-party sites and software to which the User may access through links available on the Site, in the Application, in the Service. On other third-party sites, the User may be collected or requested to provide other information, and other actions may occur for which the Company is not responsible.
    3. The Company generally does not verify the accuracy of personal information provided by users and does not exercise control over their legal capacity. The Company assumes that the User is an adult capable person who meets the requirements of the User Agreement, the Accession Agreement, the License Agreement, provides reliable and sufficient information and keeps this information up to date. The risk of providing unreliable information is borne by the user who provided it.
    4. The Company has the right to verify the information provided by the User in accordance with the provisions of the User Agreement, the Membership Agreement, the License Agreement. In the event that the User provides inaccurate information, the Company has the right to suspend or cancel the registration and/or deny the User access to the Site, Application, Service. The Company and/or other third parties are not responsible for the provision of inaccurate information and the negative consequences arising from this. If the Site, Application, Service is used by a minor and/or incapacitated person, then the parents, adoptive parents and other legal representatives of the minor and/or incapacitated person are responsible for such unauthorized use by the Company.
    5. The user's consent to the processing of personal data is valid indefinitely from the moment of the user's registration on the site and/or the Service and/or the Application, and does not require periodic confirmation. The Company will store personal information for as long as necessary to achieve the purpose for which it was collected, or to comply with the requirements of current legislation and regulatory acts of Ukraine.
  2. Purposes of collecting and processing users' personal information

    1. The Company collects, processes and stores only those personal data that are necessary to provide the Service and provide services (fulfillment of agreements and contracts with the user), in strict accordance with applicable law.
    2. The Company uses the User's personal data and other information for the purposes of concluding and executing the User Agreement, concluding and executing the Membership Agreement, the License Agreement, providing additional services, improving the quality of the service, the User's participation in promotions, surveys, research conducted by the Company (including, but not limited to, conducting surveys, research via electronic, telephone and mobile communication), making decisions or taking other actions that give rise to legal consequences. The specified purposes of using personal data apply to all information specified in clause 1.1 of the Policy.
    3. The purposes of collecting and processing personal data include, without limitation, the following: registration, identification and authorization of the User within the Service; conclusion and execution of the User Agreement, the Accession Agreement, the License Agreement; provision of the Service to the User, as well as any additional functionality within the Service; processing of User requests by the Company within the Service; analysis and research of opportunities to improve the Service; sending news and information about products, services, special offers; provision of services to the User.
  3. Terms of processing of user personal information

    1. The User's personal information remains confidential, except in cases where the User voluntarily provides information about himself/herself for general access to an unlimited number of persons.
    2. The Company uses the User's personal data and other information only for the purposes specified in the Policy and in accordance with the Policy.
    3. The Company will not disclose to third parties, distribute, sell or otherwise dispose of the personal data and other information received, except for the purposes, in the manner and within the limits provided for in this Policy.
    4. The processing of the User's personal and other data is carried out by the Company to the extent necessary to achieve each of the purposes specified in Section 2 of the Policy, in the following possible ways: collection, recording (in particular, on electronic media), systematization, accumulation, storage, compilation of lists, marking, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction, cross-border transfer of personal data, obtaining an image of personal data, obtaining information about them, as well as other ways that can be used for their use. The Company has the right to process the User's personal and other data both with the use of automated means of processing the User's personal data and without the use of automation means.
    5. The Company has the right to transfer personal data provided to it by the User for processing (to give instructions for processing) (to the extent necessary for the Company to fulfill its obligations) to third parties, in particular, to organizations involved by the Company to send information messages via e-mail / mobile operators, debit / credit funds from / to bank card (s) / current account — credit organizations (banks), payment systems, mobile operators, as well as other organizations.
    6. The Company also has the right to transfer personal data provided to it by the User to state authorities, courts, other authorized bodies and organizations, in cases and in the manner required by the law applicable to the Policy.
    7. The Company guarantees the fair and lawful processing of the User's personal and other data in accordance with the purposes set out in Section 2 of the Policy.
    8. The Company guarantees immediate updating of the User's data if the User provides updated data.
    9. Consent to the processing of personal data and other data is provided by the User on an indefinite basis, or until the expiration of the storage periods of the relevant information or documents containing the above information, which are determined in accordance with the law applicable to the Policy. After the expiration of the specified period, personal data is subject to destruction by the Company.
    10. The Company processes personal data based on the following principles: lawfulness and fair basis; limitation of personal data processing to achieving specific, predetermined and legitimate purposes; prevention of processing of personal data incompatible with the purposes of collecting personal data; prevention of combining databases containing personal data processed for purposes incompatible with each other; processing only those personal data that meet the purposes of their processing; compliance with the requirements of the law and the law; ensuring the security of personal data.
    11. Ensuring the security of personal data.
      • The security of personal data processed by the Company is ensured by the implementation of legal, organizational and technical measures necessary to ensure the requirements of the current legislation of Ukraine in the field of personal data protection. To prevent unauthorized access to personal data, the Company applies the following organizational and technical measures: appointment of officials responsible for organizing the processing and protection of personal data; limitation of the number of persons who have access to personal data; familiarization of subjects with the requirements of the current legislation of Ukraine and the Company's regulatory documents on the processing and protection of personal data; organization of accounting, storage and handling of information carriers; identification of threats to the security of personal data during their processing, formation of threat models based on them, in particular during automated data processing; development of a personal data protection system based on the threat model, in particular during automated data processing; verification of the readiness and effectiveness of the use of information protection tools, in particular during automated data processing; delimitation of user access to information resources, personalization and accounting of access of the Company's employees to software and hardware means of information processing; registration and accounting of actions of users who carry out automated data processing; registration and accounting of actions of users of personal data information systems; use of anti-virus tools and means of restoring the personal data protection system; use, where necessary, of firewalls, intrusion detection, security analysis and cryptographic information protection tools; organization of access control to the Company's territory, security of premises with technical means of personal data processing.
  4. User changes personal information

    1. The User may at any time change (update, supplement) the personal data and other information provided by him/her by contacting the Company, for example, through the support service or using the contacts specified on the Site, in the Appendix, with a request to change (update, supplement) the information provided by him/her earlier (the Company changes (updates, supplements) the information provided by the User only after carrying out the User identification procedure applied by the Company at the time of the relevant request).
    2. The User has the right to withdraw his/her consent to the processing of personal data by sending a relevant written notice to the Company no less than 30 (thirty calendar) days prior to the withdrawal of consent, while the User acknowledges and understands that access to the Site and Application Services, the Service will not be provided by the Company from the moment the Company loses the ability to process the User's personal data.
  5. Measures taken to protect users' personal information

    1. The Company takes necessary and sufficient organizational and technical measures to protect the User's personal information from unauthorized or accidental access, destruction, distortion, blocking, copying, distribution, as well as from other illegal actions with it by third parties.
  6. Use of cookies

    1. To improve the quality of the Service, the Company may use (temporary and permanent) cookies, tracking bugs and/or other technologies for collecting data that are not of a personal nature (for example, IP address, browser type and data about the Internet service provider (ISP), as well as (for Users who use the Company's services via a mobile device), a unique device identifier, operating system data and coordinates in order to take into account the number of Users and their behavior while using the Service. To improve the convenience of Users, the Company has the right to collect and process information about the total number of operations, pages viewed by the User, referring/exit pages, platform type, date/time of recording of information, number and location of views of this page, page views and used (search) words.
    2. The Company may use cookies and tracking bugs to monitor the use of the Service, collect non-personal information about the User, store preferences and other information on the User's device in order to save the User's time required to repeatedly enter the same information into the forms of the Site, Application, as well as to display content during subsequent visits by the User to the Site, Application. Information obtained using cookies and tracking bugs may also be used by the Company for statistical research aimed at adjusting the content of the Site, Application in accordance with the User's preferences.
    3. The Company may provide the User with the opportunity to change the settings for accepting cookies and tracking bugs in their browser settings or disable them completely, however, in this case, some features of the Service may not work correctly.
  7. Change of Privacy Policy. Applicable Law

    1. The Company has the right, at its sole discretion, to change and (or) supplement the Policy at any time without prior and (or) further notice to the User to make changes to this Policy. When making changes, the current version indicates the date of the last update. The current version of the Policy is always available on the Site, Service or Application.
    2. The User's continued use of the Service, Application, Site after any changes and/or additions to the Policy constitutes his/her agreement with such changes and/or additions.
    3. The User undertakes to regularly review the content of the Policy in order to be informed of its changes/amendments in a timely manner.
    4. This Policy and the relations between the user and the Company arising in connection with the application of the Policy are subject to the substantive and procedural law of Ukraine.
    5. The Policy has been developed in accordance with the provisions of the Law of Ukraine "On Personal Data Protection", as well as other regulatory legal acts of Ukraine that establish requirements for the processing of personal data. If any obligation or any rights, conditions, principles of processing are not mentioned in the Policy, they are determined in accordance with the current legislation of Ukraine.
    6. In the event of loss or disclosure of Confidential Information, the Site Administration is not responsible if this confidential information:
      • Became public domain until lost or disclosed.
      • Was received from a third party before it was received by the Site Administration.
      • It was disclosed with the consent of the User.
    7. Before filing a lawsuit in disputes arising from the relationship between the User and the Company, it is mandatory to submit a claim (a written proposal for voluntary settlement of the dispute).
    8. The recipient of the claim shall, within 30 calendar days from the date of receipt of the claim, notify the claimant in writing of the results of the claim review.
    9. If an agreement is not reached, the dispute will be referred to a judicial body for consideration in accordance with the current legislation of Ukraine.

Appendix No. 1 to the Policy on the Processing of Personal Data and Confidentiality Consent to the Processing of Personal Data

By using the Site, Services, Application, filling out and sending the registration form, authorizing on the Site, Service, Application and/or making a call to the Company's phone number specified on the site, I freely, of my own free will and in my own interest express to LLC "GREEN FISH PLANT" (location address: 03134, Kyiv, Akademika Koroleva Avenue, building 1, EDRPOU Code: 40481355 and (or) to the operator involved at the discretion or at the request of LLC "GREEN FISH PLANT" ), consent to the processing of personal data, which involves the collection (directly from the applicant, from third parties, by sending requests to state authorities, local self-government bodies, legal entities and individuals, from other publicly available information resources, from archives), recording, systematization, accumulation, storage, clarification (update, change), verification, extraction, use, transfer (distribution, provision, access), in whole or in part to third parties acting on the basis of agreements concluded by them with the Company, depersonalization, blocking, deletion and destruction of the following personal data of mine: surname, first name, patronymic, year, month, date and place of birth, gender, passport data, mobile phone number, email address, registration address/actual (postal) address, information about the login and password for access to individual functions of the Site, Application, Service, driver's license data, data about the presence (absence) of medical contraindications to the use of a vehicle, biometric data (photo cards), data about the place of work, position, control information, history of use of the Service (information about the amount, time and place of use of the Service, information about the amount, amount, date and place of use of the Service).

Information that is automatically transmitted to the Company during the use of the Site, Application, Service, using the software installed on the User's device, in particular the IP address, information about cookies and tracking bugs, information about the country and (or) city of the User's location, information about the User's Internet browser (or other program used to access the Site, Application, Service), access time, address of the page he requests about the User's devices used to access the Site, Application, Service, access time, address of the page he requested, etc. Personal data is processed both using automation tools, in particular in information and telecommunication networks, and without the use of such tools. The User hereby consents to the aforementioned processing of the Users' personal data, as well as to sending them, by any communication channels, including: SMS notifications, push notifications, sending messages via WhatsApp, by call, voice message, e-mail message, information, individual offers and advertising materials about products and services provided by the Company, related to the Site, Service, Application and business activities of the Company, including notifications about existing or under development products and services of the Company. Consent is given from the moment I sign this Questionnaire and for the entire term of my life.

LLC "GREEN FISH PLANT" in accordance with this consent and to achieve the above-mentioned goals has the right to entrust the processing of personal data to third parties, as well as in the event of involving third parties in the provision of services and/or in the event of transferring LLC "GREEN FISH PLANT" its rights and claims to a third party, has the right to disclose/transfer information to such third parties, their agents and other persons authorized by them to the necessary extent, as well as provide such persons with relevant documents containing such information.

Public agreement on providing access to the CloudPay content service

  1. General provisions

    1. This document is an open offer (Offer) of the LIMITED LIABILITY COMPANY "GREEN FISH PLANT" (hereinafter referred to as the Contractor) for the use of software in the form of a CloudPay mobile application, which provides access to the CloudPay network, for the conclusion of a Service Agreement (hereinafter referred to as the Agreement) on the terms set out in this Offer.
      1. In accordance with Articles 205, 634, 638-642, 901-907 of the Civil Code of Ukraine, in case of acceptance of the conditions set forth in the Offer by paying for services and/or taking conclusive actions to fulfill the conditions of this Offer, the person who accepts the Offer becomes a User of the Cloud Pay network using the CloudPay mobile application (acceptance of the Offer constitutes the conclusion of the Agreement on the terms set forth in the Offer).
  2. Definition of terms used in the Agreement

    1. CloudPay mobile application — a mobile application that the User can download via a link or through the online mobile application store "Google Play" and/or "Apple Store" and through which the User gains access to the CloudPay network.
    2. User — any legally capable individual, individual entrepreneur or legal entity who accepts this Offer and uses the CloudPay mobile application.
    3. Parties (each separately — Party) — User and Contractor.
    4. Site — a website, Internet portal https://electro.nd.ua, administered by the Contractor.
    5. Privacy Policy — rules for using information from the mobile application and preventing the dissemination of information obtained during such use, which are posted on the website https://electro.nd.ua. The Privacy Policy is an integral part of this Agreement.
    6. A charging station for charging electric vehicles — a technical device that the User uses to charge his electric vehicle, providing a charging service and paying for it using the CloudPay mobile application.
    7. The operator of a charging station for charging electric vehicles — a business entity that has entered into an agreement with the Limited Liability Company "GREEN FISH PLANT" and owns a charging station that is part of the CloudPay network, which it has placed for the purpose of providing services to Users for charging electric vehicles. The operator sets the appropriate cost for charging services, which may differ at each individual station.
    8. CloudPay Network — software that unites all charging stations into one common network, which allows Operators to manage charging stations, and Users to access and pay for charging electric vehicles through their chosen charging station using the CloudPay mobile application.
    9. Adapter — a separate device of the User that allows you to connect an incompatible connector of the User's electric vehicle to the connector of the corresponding charging station of the Operator.
  3. Subject of the contract

    1. The subject of the Agreement is Agent Services, which consist in providing access to software in the form of a CloudPay mobile application for access to the CloudPay network, which enables the User to receive the service of charging an electric vehicle at the charging station of the relevant Operator and pay for this service.
    2. The User agrees to the terms and conditions and undertakes to comply with the Privacy Policy, which is an integral part of the Agreement, and by accepting this Offer, confirms his unconditional consent to its compliance.
  4. Terms of Service

    1. Access to the CloudPay network is provided by the Contractor to the User during the term of the Agreement, but, in any case, not before registration in the CloudPay mobile application, which is carried out by creating a User account using his mobile number during the User's initial registration in the CloudPay mobile application.
  5. Settlements. Acceptance of Offers

    1. Payment for each kilowatt of electricity used to charge an electric vehicle by the User is made by pre-top-up of the balance of his own account in the CloudPay mobile application and/or with a bank card that the User links to his own account.
    2. The user pays an additional 2.3% to the acquirer (the financial institution is solely responsible for the additional service of payment by bank cards). Financial institution — https://tranzzo.com/uk-ua
    3. Unused funds remain on the User's balance in the CloudPay mobile application and are stored there until further payment for charging an electric vehicle by the User.
    4. Поповнення балансу Користувача здійснюється через відповідну платіжну систему, яка міститься в мобільному додатку CloudPay, а також за допомогою Google Pay та Apple Pay.
    5. Вартість кіловата електричної енергії для заряджання електричного транспортного засобу Користувача встановлюється відповідним Оператором на кожній окремій зарядній станції, зазначена вартість та адреса зарядних станцій відображається в мобільному додатку CloudPay.
    6. The funds credited to the User's balance in the CloudPay mobile application can be used exclusively for charging an electric vehicle by the User in the CloudPay network and are not subject to refund in cash.
    7. The fact of concluding this Agreement (acceptance of the Offer) is the User's registration in the CloudPay mobile application and/or replenishment of the balance of his/her own account in the CloudPay mobile application.
    8. By providing Users with the ability to make payments via the CloudPay mobile application, the Contractor acts as a commercial agent for the relevant Operators. Each User has authorized the Contractor, as its commercial agent, to mediate in the conclusion of contracts between the User and the Operator, including the authority to accept payments from the User and subsequently settle accounts with the Operator.
  6. Use of intellectual property rights

    1. The CloudPay mobile application (hereinafter referred to as CloudPay) is an online software product (SaaS), which includes images, text materials and other objects of copyright and/or related rights, as well as objects of patent rights, trademarks, commercial designations and brand names, as well as other parts (regardless of whether they are part of CloudPay or are its additional components or materials, and whether they can be removed from its composition and used separately) (hereinafter referred to as Intellectual Property Rights Objects), protected in accordance with the Law of Ukraine "On Copyright and Related Rights" and other legislative acts in the field of intellectual property protection, and belong to the Contractor on an exclusive right.
    2. The User does not have the right to distribute, change, adapt, modify, translate, reverse engineer, compile, decompile, create derivative works, attempt to disclose the source code, copy, analyze data, use CloudPay, including its individual parts or individual components in a manner not provided for by their functional purpose, or make any other improper use of the Objects of Intellectual Property Rights.
    3. The Contractor grants the User the right to use the Objects of Intellectual Property Rights under a simple (non-exclusive) license in all countries of the world in the ways specified in this Offer, solely for the purpose of the User obtaining access to the CloudPay network via the CloudPay mobile application under this Agreement.
    4. The software that is part of CloudPay may automatically download and install updates designed to improve, enhance and further develop CloudPay and may take the form of bug fixes, enhanced features, new software modules or completely new versions. By accepting this Offer, the User agrees to receive such updates.
  7. License terms

    1. In accordance with Articles 205, 634, 638-642, 1107-1110 of the Civil Code of Ukraine, in case of acceptance of the stated License Terms, a person who, by downloading and/or installing or otherwise starting to use and/or replenishing the User's CloudPay balance in any other way, becomes a Licensee (acceptance of the terms is equivalent to concluding a License Agreement) and receives the right to use the corresponding downloaded (installed) CloudPay mobile application (hereinafter referred to as the Software Product) as an object of intellectual property rights.
    2. The Contractor (Licensor) transfers, and the User (Licensee) accepts, a simple (non-exclusive) license to the Cloud Pay network and the CloudPay mobile application, which the Licensee uses during the term of this Agreement on the terms and conditions specified by the Licensor, without the right to transfer it to third parties (hereinafter referred to as the License).
    3. The validity of the granted License is directly related to the Licensee's use of CloudPay in accordance with the Public Agreement (offer). In the event of termination of the use of CloudPay, the Licensee loses the right to use the Software Product, and the validity of this License Agreement is considered terminated. The term of the License is set for the term during which the Licensee uses CloudPay.
    4. The right granted under this License extends throughout the world.
    5. The terms of this License also apply to updates, additions, additional components of the Software Products that ensure their functioning. The Licensor undertakes to update, add, and modify the Software Product for the purpose of their full functioning in order to ensure the Licensee's ability to use the CloudPay Services.
    6. The Parties have agreed that this License to use the Software Product is granted by the Licensor to the Licensee solely for the purpose of enabling the Licensee to use the Licensor's services provided in accordance with the terms of the Agreement (Offer) for the provision of Access to CloudPay.
    7. Access to the CloudPay mobile application under this License is provided by the Licensor by installing the CloudPay mobile application on the Licensee's device.
    8. The Licensee does not have the right to rent, lease, otherwise use or commercially rent the Software to third parties.
    9. In case of failure to fulfill or improper fulfillment of the terms of this License, the Parties shall bear liability provided for by applicable law and the terms of the Public Agreement (Offer).
    10. The Licensee has the right to use the Software Product exclusively in accordance with its functional purposes and the terms of this License.
    11. The licensee is obliged:
      • notify the Licensor of all known cases of infringement by third parties of intellectual property rights to the Software Product;
      • not to make changes, modify or improve the Software Product;
      • not to use the Software Product in a manner not intended for its functional purpose;
      • not to use the Software Product code and not to transfer it to any third parties for the purpose of creating or distributing or transferring in any other form to a wide range of persons identical to the Software Product;
      • not to make unauthorized copies of the Software Product on any media for storing information in electronic form and by posting it on the Internet;
      • not to decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the Software Product.
    12. The licensor has the right:
      • make changes and improvements to the Software Product;
      • unilaterally terminate this License if the Licensee fails to comply with the terms and conditions of this License or the Public Agreement (Offer).
    13. The Licensor warrants that use of the Software Product in accordance with this License does not infringe the intellectual property rights of any third parties under the copyright, trademark and/or trade secret laws of any state party to the Berne Convention for the Protection of Literary and Artistic Works.
    14. The Licensor does not provide any warranties regarding the Software Product in the event of violation of the terms of use stipulated in the License.
    15. The Software Product is provided on an "as is" basis. The Licensor shall not be liable for any failure of the Software Product to meet the Licensee's expectations and representations, for any errors, or for any direct or indirect consequences of the use or inability to use the Software Product.
  8. Offer validity period and changes to terms and conditions

    1. The Offer comes into force from the moment of posting on the Internet at the link — https://electro.nd.ua and is valid until the Offer is withdrawn by the Contractor.
    2. The Contractor reserves the right to make changes to the terms of the Offer and/or withdraw the Offer at any time at its own discretion. In the event that the Contractor makes changes to the Offer, such changes shall enter into force from the moment the changed text of the Offer is posted on the website at the link specified in clause 8.1 of the Agreement, unless another date for the changes to come into force is additionally specified upon such posting.
    3. The User's acceptance of the Offer is valid for the duration of the User's use of the CloudPay mobile application, but, in any case, until the Parties fully fulfill their obligations under this Agreement.
  9. Force majeure

    1. The Party is exempted from liability for failure to fulfill or improper fulfillment of obligations under the Agreement if this is a consequence of force majeure circumstances, for example: natural disasters, military actions, strikes, mass unrest and unrest, actions of state authorities that make it impossible to fulfill the Agreement, any other circumstances beyond the reasonable control of the parties that prevent the fulfillment of the Agreement, provided that such circumstances directly affect the impossibility of fulfilling obligations (reasonable causal relationship).
  10. Privacy, warranty and personal data information

    1. All information exchanged between the Parties for the purpose of fulfilling the terms of this Agreement, including information on technologies and technical solutions used by the Contractor, as well as any commercial information on the terms of cooperation between the Parties, is confidential and may not be disclosed and/or used without the written consent of the other Party.
    2. By agreeing to the terms and conditions and accepting the terms of this Offer by Accepting it, the User certifies and warrants to the Contractor that:
      • The User provided accurate data (including personal data) when registering as a User in the CloudPay mobile application or when making a payment;
      • The User enters into the Agreement voluntarily, and the User: a) has fully familiarized himself with the terms of the Offer, b) fully understands the subject of the Agreement (Offer);
      • The User has all the rights and powers necessary to conclude and execute the Agreement.
    3. The User has no right to refer to actions taken on his behalf by unauthorized persons as a basis for avoiding liability for the results of such actions and/or in resolving disputes.
    4. By concluding this Agreement, the Parties grant each other the right and consent to the processing of their personal data indefinitely in accordance with the Law of Ukraine "On Personal Data Protection". For the purposes of this clause, the personal data of the Parties means the personal data of the representative(s) of the Parties, their officials, owners/founders and/or shareholders/participants. The use and dissemination of information constituting the personal data of the Parties is carried out exclusively to the extent necessary to ensure the activities and/or protection of the interests of the Parties and the implementation of this Agreement.
    5. By concluding this Agreement, the Parties affirm that all information provided, which constitutes personal data, has been provided by the Parties on legal grounds and they have the right to use and dispose of it.
  11. Liability, limitation of liability and dispute resolution procedure

    1. For violation of the terms of the Agreement, the Parties shall bear liability established by the Agreement and/or the current legislation of Ukraine.
    2. The user is fully responsible for his actions taken while using CloudPay and the actions of persons taken on his behalf using his personal identification data.
    3. In the event that the User uses his own Adapter to charge an electric vehicle at the relevant Operator's charging station, which results in damage to the charging station for charging an electric vehicle, the User shall be fully responsible for such damage, including, but not limited to, compensating, at the Operator's request, the cost of additional spare parts and repairs to the damaged charging station, the cost of dismantling/installing the charging station, and if the charging station is beyond repair, compensating for the full cost of such charging station and/or any material damage caused to the Operator or third parties in full and any additional costs incurred by them.
    4. All disputes and disagreements related to the Offer (Agreement) shall be resolved by the Parties through negotiations.
    5. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court at the location of the Contractor.
    6. The Contractor, its representatives, directors and employees are not liable for any loss or damage that the User may suffer as a result of using the CloudPay mobile application or relying on the service received through the CloudPay mobile application, including, but not limited to:
      • any direct or indirect property damage or financial loss;
      • lost profit;
      • loss of business, contracts, contacts, goodwill, reputation and any damages that may arise from business interruption;
      • loss or inaccuracy of data;
      • any other type of loss or damage.
    7. The Contractor is not liable for the actions or inaction of the Operator and is not liable for damages caused by the Operator to the User and/or his property, in particular, but not exclusively, when using a charging station owned by the Operator.
  12. Details

    EXECUTIVE
    LIMITED LIABILITY COMPANY "GREEN FISH PLANT"
    EDRPOU Code:
    40481355
    Bank details:
    IBAN : UA60 3808 0500 0000 0026 0065 2084 9
    at PJSC "Raiffeisen Bank"
    bank code (MFI) 300335
    Legal address:
    Chuguyivskyi Lane, 19-A
    Kyiv, 03067, Ukraine
    Actual address:
    Academician Korolev Avenue, 1
    Kyiv, 03134, Ukraine
    Tel:
    +380 (44) 501 4091
    E-mail:
    kalininyaroslavnd@gmail.com
    General Director
    _____________________ / M.I. Surzhynsky