License agreement

Terms of Use

Welcome to www.vibero.org. These service conditions contain provisions and conditions that regulate any use of our platform (as determined below) and services (as determined below), as well as all content, services and/or products available on the platform or through it (jointly referred to as “Vibero services ").

Vibero services are offered to you, without changes (except for special conditions (as defined below) agreed by the parties in accordance with these service conditions), all the provisions and conditions contained in this document, and all other operating rules, politicians (including, Among other things, our confidentiality policy), management (as determined below) and any of its future modifications, as well as procedures that can be published on the platform from time to time or provide you with Vibero services or through them (jointly called “conditions”). When you accept (as determined below), these conditions form a legally binding contract between you and the supplier (as determined below). If you accept these conditions on behalf of a legal entity, such as your employer or company in which you work, you declare that you have legal powers to bind this legal entity.

Please read these conditions carefully. By registering, by accessing, viewing and/or using Vibero services, you confirm that you read, understand and agree to comply with these conditions. If you do not agree to comply with these conditions, do not get access, do not view or otherwise do not use the Vibero platform or service.

The supplier can, at his own discretion, decide on suspension or termination of access or use of Vibero services to anyone who violates these conditions.

If you register to receive a free trial version of Vibero services, such a free trial version will be regulated by applicable provisions of these conditions.

The initial language of these conditions is Russian. The supplier can provide transfers for convenience. In the case of contradictions between the original and foreign version and any translation, the Russian version has predominant power.

1. Definitions

	Definitions
Check	The main means for accessing Vibero services and their use, provided that the fee specified in the chosen plan is paid;
Activity	The use of the platform or functionality of Vibero for direct or indirect purpose;
Additional conditions	Положения, применимые к использованию Клиентом конкретной Функции, указанной Поставщиком в соответствующих разделах Услуг Vibero;
Authorization	A set of rights and privileges on the site provided to the user by the client;
Client	An individual or legal entity that has accepted these conditions with the supplier;
Client data	Files and any other digital data and information used by Vibero services or otherwise introduce into the system by the client (including specific users, products, persons, organization, actions, the implementation of business activities and transactions related to the client);
Materials	Any data and information available through the Vibero services or the systems contained in the structure, articles, documents, brochures, presentations, photographs, images, audiovisual works, other information materials and any comments;
Peculiarity	A function or set of functions that provide certain opportunities within the Vibero services, as determined by the supplier;
Payment	Regular payment for the use of an activated account;
Files	Documents of any type (image, electric tables, text files, etc.), which are inserted into the system by the client and are usually associated with a specific transaction, person or organization;
Free trial version	Temporary access for testing the website and services of Vibero in accordance with any plan selected without paying payment;
Guidelines	Additional recommendations, instructions or rules applicable to certain functions, applications, products or services that can be published on the platform from time to time or otherwise provided in Vibero services or through them;
Organization	Legal entities (for example, companies) and other legal entities with which this client concludes transactions;
Vibero materials	visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “appearance”, organization, compilation of content, code, data and all other elements of Vibero services;
Vibero services	Website, system, content, platform and all content, services and/or products available on the platform or through it;
Vibero company	Address
Plan	various criteria related to the use and functionality of Vibero services and on which the board is based;
Platform	Application for managing relationships with Vibero clients;
Confidential information	Means numbers of credit or debit cards; financial accounts or banking instructions; Identification numbers issued by the state (for example, social insurance numbers, passport numbers), biometric data, personal information about health (or other information protected in accordance with applicable laws on health protection), personal information about children, protected in accordance with any The laws on the protection of data on children, and any other information or combinations of information that fall under the definition of “special categories of data” in accordance with GDPR or any other applicable law regarding the confidentiality and data protection.
Special conditions	Any information, specifications and conditions under which the parties agreed to deviate from these conditions;
Provider	Depending on the context, Vibero
System	The integrated solution of cloud computing for the provision of Vibero services, including applications, software, equipment, databases, interfaces, related carriers, documentation, updates, new issues and other components or materials provided with them;
User	An individual who received permission to use an account on behalf of the client;
Web site	Compilation of all web documents (including images, PHP and HTML files) available via www.vibero.org or its subdomain or domain with identical names in other main domains and belonging to the supplier.

2. The authority to conclude these conditions with the supplier

The use of Vibero services is possible subject to these conditions. In order to accept these conditions on his own behalf or on behalf of the client, the person must have capacity for this. In the case of an individual, an individual should be at least 18 years old or have a valid permit from his legal representative or guardian. If we are talking about a legal entity, it must be properly established and have a good reputation.

Conditions are accepted as soon as one of the following events occurs:

the person received confirmation of the creation of the account and the necessary accounting data from the supplier to enter his account; or
For those Vibero services and parts of the website, the use of which does not depend on the creation of the account at the time of receipt of access to such services.

You cannot, without the prior written consent of the supplier, gain access to Vibero services

(I) for production purposes,

(II) If you are a competitor to Vibero,

(III) for monitoring the availability, performance or functionality of Vibero services

(IV) for other purposes of comparative analysis or competition.

After adoption, these conditions remain valid until they are terminated, as provided for in this document.

3. Changes in conditions

The supplier reserves the right, at his own discretion, to change, modify, add or remove parts of the conditions at any time, publishing such changes on the platform or in Vibero services or through them. Please periodically check these conditions for changes. Your further use of Vibero services after the publication of such changes, as indicated above, means your binding consent with such changes. Such altered conditions automatically enter into force depending on what will happen earlier:

(I) Continuation of your use by Vibero services

(II) 30 days from the date of publication of such altered conditions on the platform or through it. Despite the above, the resolution of any dispute arising between you and the supplier will be regulated by the conditions acting at the time of the occurrence of such a dispute.

4. Our responsibilities

4.1. Provision of Vibero services

The supplier is undertaken

(a) provide the client with Vibero services, content and customer data in accordance with these conditions,

(b) provide the client with the applicable standard support of Vibero services without additional payment and/or expanded support (for an additional fee). Bring a fee if applicable

(c) make commercially reasonable efforts to make Vibero services available 24 hours a day, 7 days a week, with the exception of:

(I) planned simple (about which the supplier must first notify by e -mail, as provided for in the manual)

(II) Any inaccessibility caused by circumstances that are outside the rational control of the supplier, including, for example, natural disaster, government, flood, fire, earthquake, civil riots, terrorist act, strike or other labor problem, failure or delay in the provider of Internet services Or an attack such as "Hacker attack of the service."

4.2. Client data protection

The supplier will support administrative, physical and technical security measures to protect security, confidentiality and integrity of the client’s data, as described in the management. These security measures will include, among other things, measures to prevent access, use, change or disclose the client’s personnel data, with the exception

(a) the provision of Vibero services and prevent or solve service or technical problems,

(b) as necessary. By law (forced disclosure of information)

The supplier can use service providers to provide services. The supplier will make commercially reasonable efforts to ensure that the data transfer to suppliers of services comply with the requirements applicable to the processing of data by customers, and provide information about such data transfer in these conditions for consideration by the client.

Agreeing with these conditions, the client authorizes the supplier (general written permission in the importance of Article 28 (2) of the regulations (EU) 2016/679) to attract the following service providers to provide services. The supplier must provide a preliminary notification 10 working days before attracting any new service providers in accordance with the general permission of the supplier.

The list of suppliers of services processing the customer data can be seen here:

5. Using Vibero services

5.1 Creating an account

Some features, parts or elements of Vibero services can be used or available only to owners of the account. A person who wants to create an account should:

Fill in the registration form on the website or use the alternative way provided by the trade intermediary if access to Vibero services is purchased from a trade intermediary; And
accept these conditions by clicking "register" or other similar button

Each client can have only one account. If several persons should use the account on behalf of the client, the client must appoint such persons as users. Each such user is extended by restrictions set forth in these conditions.

If the client has appointed users and provided them with authorization, such users will be considered authorized to act on behalf of the client when using an account. The supplier is not responsible for verifying the reality of the authorization of any user. However, the supplier can, at his discretion, request additional information or confirmation of human powers. If the supplier is not sure that the user was provided with authorization, the supplier can, at his discretion, prohibit such a user with access to Vibero services.

The user can be associated with several clients and accounts. Removing the user from one account will not lead to the deletion of the user from the platform if he/it is connected to several accounts.

The client and any user related to the account must provide the supplier with reliable, accurate, relevant and complete information about the client, users or account and maintain it in the current state.

5.2 Entrance to account

The supplier must provide the client with the user and password (“Accounting for the entrance”), which will be used to enter his account. These accounting data for the entrance should not be used by several persons. If the client has appointed several users, each user will be provided with separate accounting data for the entrance. The client and each user are responsible for maintaining the confidentiality of all accounting data for the entry related to the account. The client must immediately notify the supplier in case of any disclosure, loss or unauthorized use of any accounting data for entering the system;

5.3 termination of the account

The client can stop the current conditions at any time, as provided for in section 17.

The supplier must irrevocably delete the account within six months from the date of termination.

5.4 fees

The use of the account is taxed by the commission. When registering an account, the client must choose a plan. Different tariffs are applied to different plans. The applicable commission is charged with an advance for monthly or annual payment intervals, if the parties have not agreed on another. All fees are not subject to refund, that is, the return of funds or loans is not made for periods when the client did not use the activated account, used it only partially, deactivated the account or stopped the current conditions during the current payment interval. If after registration the client decides to switch to a more expensive plan, an unused part of any prepaid fees will be applied to the collection of a more expensive plan.

All fees do not include all taxes, fees or duties applicable in accordance with any applicable law, unless otherwise specified in this document. The client bears the sole liability for the payment of such taxes, fees or duties.

5.5 Changing plans

Any client has the right to increase or lower the current plan at any time by choosing a new plan from a set of plans defined by the supplier. In this case, a commission for the next payment interval indicated in the new plan will be automatically written off from the client’s credit card registered with the supplier.

A decrease in the current plan can lead to loss of functions, functionality or account capacity, as well as to loss of customer data.

5.6 Free trial version

The new client may have the right to a free trial version if the client has not applied for an account as a result of an ongoing marketing campaign organized by the supplier in cooperation with his partners. The client is not obliged to provide any information about the credit card during the period of the free trial version. If the period of the free trial version has expired, the account will be automatically deactivated. To prevent deactivation or re -activate the account, the client must choose a suitable plan and pay for the first commission. If the client does not pay the first commission within 2 weeks after the expiration of the free trial version, the supplier has the right to delete the account forever, including all the customer data contained in it.

At any stage, during the free trial version, the client may subscribe to the Vibero paid plan, and the period of their free trial version will automatically expire.

In addition to the current set of plans, the supplier can offer special discounts and motivation schemes (for example, fees for the search for new clients, etc.).

6. Payment

The following provisions are applicable only if you acquire access to Vibero services directly from the supplier. If you acquire access to the Vibero services through a commercial intermediary, the terms of payment are set out in an agreement with your trading mediator.

6.1 Authorization of payment card

The supplier can request preliminary authorization of the client’s payment card account before your purchase of Vibero services to make sure that the card is valid and it has the necessary funds or credit to cover your purchase. You allow such a payment card to pay any amount described in this document, and allow the supplier to write off all the amounts described in these conditions from such a card account. You agree to provide the supplier with updated information about the account of your payment card at the request of the supplier and at any time that the information previously provided becomes invalid.

6.2 Electronic invoice

If the supplier has not requested a preliminary authorization of your payment card, then before the end of each payment interval, the client will be issued an electronic account to pay for the commission of the next payment interval. The client must pay the bill on the time specified in the account.

6.3 fees for excess

With a delay in any payments, the supplier may demand from the customer the payment of interest for delay (a fine for delay in payment) for the period from the moment the payment obligation occurs until the appropriate performance.

7. Client data

7.1 Loading client data to the platform

If the client uploads the client’s data to the platform, such customer data and any processing of such data of the client must comply with these conditions and applicable law. All rights, property rights and interests in relation to the client’s data belong to the client or third parties (including users, persons and organizations), regardless of whether they were published and/or loaded with you or provided by the supplier in Vibero services or through them. By loading the client’s data to the platform, the client authorizes the supplier to process the client data. The client is responsible for ensuring:

The client and any of the users associated with the account do not create, do not transmit, do not display and do not make any other data data that violate the conditions of these conditions, the rights of the supplier, other customers or users, persons or organizations or damage (for example, viruses, malicious software and other destructive codes), insulting, threatening, insulting, disturbing, insulting, slanderous, vulgar, obscene, violating the private life of another person, hated or illegal; And
The client and all users related to the account have the necessary rights to use the client’s data, including their insertion into the platform and processing using the account.

7.2 Lack of accuracy guarantee

The supplier does not guarantee any accuracy regarding any information contained in any customer data, and strongly recommends that you carefully consider what you transmit, send or publish in Vibero services or through them. You understand that for all the information contained in the customer data, the person from whom the client’s data was received exclusively liability. This means that the client, and not the supplier, is fully responsible for all the data of the client who are loaded, published, transferred, or otherwise become available through Vibero services, as well as for any actions taken by suppliers or other customers or users as a result of such Customer data.

7.3 Confidential information and illegal customer data

You will not use the Vibero service in any way that violate these conditions to process confidential information or customer data, which are in any way prohibited by law.

The supplier is not obliged to first check whether to track or filter any customer data or their processing by the client to determine whether they are confidential information or illegal in nature. However, if the supplier has reason to believe that the client processes illegal customer data or confidential information, or their processing actions are illegal in nature, the supplier has the right:

notify the client of such illegal customer data or confidential information;
prohibit its publication in Vibero services;
demand from the client to bring the client illegal data in accordance with these conditions and applicable law;
Temporarily or forever delete the illegal data of the client or confidential information from the Vibero services, limit access to them or delete them.

If the supplier shall provide convincing evidence that the client’s data are not illegal or confidential information, the supplier can, at his discretion, restore the client’s data or confidential information that was deleted from Vibero services, the account or access to which was limited.

In addition, if the supplier believes that at his discretion, the client’s data violate the applicable laws, rules or norms or these conditions or are confidential information, the supplier can (but is not obliged) delete such data data at any time with or without notice.

Without limiting the general nature of the previous proposal, Pipedrive Inc observes the copyright law in the digital era and delete the client’s data from the platform after receiving the appropriate notice of removal.

The Vibero service is not intended to comply with industry regulatory acts, such as the law on tolerance and accountability of medical insurance (HIPAA) or the Federal Information Security Management Law (FISMA), so you cannot use Pipedrive services if your messages can be affected. To such laws. You cannot use the Pipedrive service in a way that violates the Gramma Lichchali law (GLBA). Nothing contained in this section limits the restrictions on use related to confidential information in accordance with the conditions.

You recognize that Vibero services are not designed to process confidential information or management, and, accordingly, you agree not to use Vibero services to collect, control or process confidential information. We do not carry and we especially refuse any responsibility that can be obtained as a result of using the subscription service for the collection, processing or management of confidential information.

7.4 Forced disclosure of information

The supplier can disclose the confidential information of the client to the extent that it is required by law. In this case, the supplier will make commercially justified efforts to previously notify the client of compulsory disclosure of information (to the extent that it is allowed by law), and the client must at his own expense provide reasonable assistance if the client wants to challenge the disclosure of the information. If the supplier is obliged by the law to disclose the confidential information of the client as part of the civil proceedings in which the supplier is a party, and the client does not dispute the disclosure, the client will compensate the supplier for his reasonable costs for collecting and ensuring safe access to this confidential information.

8. Services

8.1 Using Vibero services.

In accordance with these conditions and the payment of the corresponding fees for services, the supplier provides the client and its authorized users with a non -exclusive, not subject to transfer and not subject to subliceration license to use Vibero services for:

Collect, store and systematize customer data, for example, add new persons and organizations, create conveyors and add stages to these conveyors, create reports based on customer data, add transactions to stages and track their development at the next stages, add offered products for the sale of persons and organizations; add new users and provide them with authorization, assign activity to a specific user;
change and delete the customer data;
set up standard components or functions of Vibero services;
receive reasonable help and recommendations from the supplier in relation to the use of Vibero services.

If the supplier determines that the use of services goes beyond the permitted and intended use, as indicated in this document, or the use of the passage of the service or any functions or functions is significantly excessive compared to other users, the supplier reserves the right to suspend the effect relevant client. The account (or part of it) until the client assures the supplier that the client will refrain from further abuse of services.

8.2 Technical support

The supplier undertakes to provide reasonable technical support to the client and his authorized user at the reasonable request of the client. The supplier must respond to the customer support requests using the contacts indicated below as soon as possible. The answers to the requests of customers and users who have accepted these conditions, but do not have an account, may be less appropriate or not at all.

Contacts for all support requests:

instant message,
built-in application for notifications on a web page or
Email: info@vibero.org

Despite the foregoing, if you have gained access to the Vibero service from a trading mediator, then the first line of technical support will be provided by a trading mediator, not a supplier.

8.3 Changes in the service

The supplier reserves the right to change Vibero services from time to time or any part or element without prior notice, including, among other things:

Rebranding of Vibero services at its discretion;
temporary or constant termination of the provision or termination of the development of any specific Vibero service, part or element of the platform;
The adoption of such measures that are necessary to protect the rights of the supplier in any use of Vibero services, which can be reasonably interpreted as a violation of the supplier’s intellectual property, the distribution of Internet viruses, worms, triangs, malicious programs and other destructive or illegal actions.

In appropriate cases, the client may be notified of such changes at the entrance to the account. Changes, including a change in applicable tariffs for Vibero services, enter into force thirty (30) days before the date of entry into force of such changes.

If the client does not accept the change, the client must notify the supplier or commercial intermediary (if the client has gained access to Vibero from the merchant intermediary) until the date of entry into force, and the current conditions are terminated from the date of entry into force. The continuation of the use of Vibero services or any part or element after the date of entry into force means its consent with changes. The supplier is not responsible to the client or any third party for any change, suspension or termination of Vibero services or any part of their element.

8.4 Additional functions

The supplier can from time to time provide additional functions through Vibero services, which can be regulated by additional conditions. Using a client of any such function depends on its adoption of additional conditions presented in the corresponding function, or these conditions of service.

8.5 beta services

The supplier can offer certain functionality for testing and evaluation (“beta services” or “beta services”). The supplier reserves the right to completely or partially stop, at any time and from time to time, temporarily or constantly, any of the beta services with or without a notification. The client agrees that the supplier will not be responsible to the client or any third party for any damage associated with the use of beta services or caused by a change, suspension or termination of any of the beta services. For any reason.

9. Data processing contract

For the purposes of Article 28 of the Rules (EU) 2016/679, these conditions are an agreement on the processing of data between the client as a data controller and the supplier as a data handler. This Client instructs the supplier to process data, as described in these conditions.

9.1 subject and nature of processing

The supplier provides a platform on which the client, as a data controller, can collect, store and systematize the personal data of data subjects determined by the client.

The platform was developed to work as a CRM tool for sales, but to the extent that it is not regulated by these conditions, the client decides how he uses the platform.

9.2 Duration

The supplier will process data on behalf of the client until the termination of the provision of Vibero services in accordance with these conditions. After termination and provided that the client had a paid account, the supplier will store the client’s data for six months if the client wants to re -open an account to resume the use of Vibero services or export the client’s data, if otherwise the client is not indicated by the client . The contents of the closed accounts of the free trial version are removed within 30 days from the closure date. After the above periods, the contents of the accounts can be stored as part of the archival backups of the technical server of the supplier for an additional three months. The supplier removes or returns all personal data to the controller after the end of the provision of processing services,

9.3 Rights and obligations of the parties

The rights and obligations of the client regarding the client’s data are indicated in sections from 4 to 10 of these conditions. The supplier guarantees that the persons authorized to process personal data pledged to comply with confidentiality or carry the appropriate privacy obligations established by law.

The supplier takes all measures necessary in accordance with Article 32 of the Rules (EU) 2016/679. The supplier undertakes to provide the controller with all the information necessary to demonstrate compliance with his obligations, as well as to ensure the ability and participate in audits, including checks, or authorized by the client as a data controller.

10. Restrictions

10.1 prohibited activities

The client and its authorized users can use Vibero services and any part or element only in volume, means and for the purposes indicated in these conditions and applicable legislation. For example, neither the client nor any user can:

use Vibero services or any part or element for committing a crime, violation of the applicable legislation or the motivation or invitation of other persons to commit such illegal actions;
copy, duplicate, distribute, modify, adapt, hack, create derivatives, redesign or decompile Vibero services or any part or element or try to extract their source code if
(i) this is not directly allowed by the applicable law, and (II) to the extent that the supplier is not allowed to exclude or limit the above rights;
Use Vibero services or any part or element if he did not agree with the current conditions.

10.2 for some types of use requires the consent of the supplier

The client or any user does not have the right without the prior written consent of the supplier (e -mail, fax, Skype, etc.):

sell, resell, lease, licenses, sublocess, distribute, provide, disclose, disclose, operate, or otherwise provide access or provide Vibero services in full or partly to any third parties if such a third party is not other authorized user of the same client;
use Vibero services or any part or element in volume, means or for purposes other than those for which their functionality was created;
use Vibero services or any part or element using programs that send them automatic requests or requests, unless such a program was provided by the supplier;

10.3 Compliance with trade control

A client, any user, a trading intermediary or an agent (“third party”) by the present claims, guarantees, undertakes and agrees that Vibero's services are in relation to Vibero services

The third party followed and must comply and obliges its directors, officials, employees and agents to comply with the laws and rules of the United States, the EU and any other applicable foreign economic, trade and financial sanctions, including economic and trade sanctions. Under the management of the Office for Foreign Activities of the US Department of Finance (OFAC) and the State Department (jointly referred to as “sanctions”), as well as the laws and rules of the United States, the EU and other foreign states relating to export control, including those that are in Maintenance of the Ministry of Trade and the State Department of the United States (jointly called "control over trade").
The third party should not take any actions, directly or indirectly, which can lead to the fact that Vibero or any of its subsidiaries or affiliated companies, or any of their relevant officials, directors, employees or representatives will violate any rules of trade control.
Neither a third party, nor any of his officials or directors, employees and any agents or other representatives acting on their behalf,
(I) The list of limited or blocked persons related to sanctions or exported, including inclusion in the list of special forces and blocked persons OFAC (“SDN list”) or a list of persons who fall under sector sanctions OFAC (“List Ssi "),
(II) is located, organized in accordance with the law or is a resident of any country or territory that itself is the object of any economic or financial sanctions by any state body, including, among other things, Cuba, Iran, Syria, North Korea, Venezuela and the Crimean region Ukraine,
(III) amounts or was more than 50 % belongs or controlled by any person or persons described in paragraph (I) or (II) (jointly with (I) and (II), “limited person”), or (IV) provides or (IV) provides or (IV will provide Vibero services to any persons described in paragraphs (I) - (III).
The third party will immediately notify Vibero if the third party or any personnel hired by a third party or associated with it, (I) makes any actual or potential violation of trade control in relation to Vibero or (II) services.
Vibero has the right to immediately terminate the access or use of Vibero services without notice or responsibility to a third party, if the third party or any person hired by a third party or associated with it takes any actions in violation of the provisions described in this document. Or if Vibero at its own discretion will determine that further use by a third party to Vibero services can violate trade control.

11. Privacy

The supplier is very serious about the confidentiality of his customers and users. The supplier confidentiality policy, accessible to the address address, is included in these conditions through the link. Please carefully read the confidentiality policy, since it regulates the collection, use and disclosure by the supplier of personal information of the client or user.

12. Intellectual property rights

12.1 Vibero intellectual property rights for Vibero services

Vibero services, Vibero materials, trading names and Vibero trademarks, as well as any parts or elements belong and are controlled exclusively by the supplier and its third -party suppliers and partners in hosting. Vibero materials are protected by copyright, appearance, patents, commercial secrets and trademarks, international conventions and agreements, as well as all other relevant intellectual property and property rights. The supplier, his affiliated persons and licensor retain all the rights, property rights and interests in relation to such Vibero services, Vibero materials, trading names and Vibero trademarks, as well as any parts or elements. The use of Vibero services and Vibero materials, as well as any parts or elements, does not give you any property rights or intellectual property rights in relation to them. Any commercial or advertising distribution, publication or use of Vibero materials is strictly prohibited, unless you received a clearly pronounced preliminary written permit from the supplier or other applicable copyright holder. The supplier retains all the rights to trading names and Vibero trademarks, not clearly provided in conditions.

12.2 Content belonging to Vibero

In accordance with these conditions and the payment of the appropriate service fee, the supplier provides the client and its authorized users with a non -exclusive, not subject to transfer and non -sublocessing license to load one copy of any part of the content exclusively for your personal use, non -profit use if you retain all notifications about copyright and property rights contained in such part of the content. You directly admit that you are not acquiring any property rights, loading any materials protected by the copyright, from the Vibero platform or services or through them. You do not have the right to copy, distribute or publish any content or any information received or extracted from it, with the exception of cases when it is allowed in Vibero services or through them or otherwise allowed by applicable law.

12.3 Client data

The supplier can use the client data in an aggregated or anonymous format for research, educational and other similar purposes. The supplier cannot otherwise use or display the client’s data without the written consent of the client. The supplier respects your right to the exclusive ownership of your customer data. If you did not specifically allow you, the use of Vibero services does not give the supplier a license for the use, reproduction, adaptation, change, publication or distribution of customer data created by you or saved in your account for commercial, marketing or any similar goals of the supplier. The client clearly provides the supplier with the right to use and analyze the aggregate data on the activities of the system related to the use of Vibero services by the client and its users, in order to optimize, improve or improve the work of Vibero services,
The client bears the sole responsibility for his own customer data and the consequences of their placement or publication in the Vibero service or through it. In relation to the client’s data, the client confirms, claims and guarantees that: (I) the client either owns his customer’s data, or has the necessary licenses, rights, consent and permission to use and permission to display or use the client’s data. In accordance with all patents, trademarks, copyrights, commercial secrets or other ownership rights to your customer data in the manner consistent with the intended functions and functions of Vibero services and these conditions, as well as for the provision of rights and licenses set forth in section 11.3 ( a) and (ii) the client’s data, the use of the supplier or any Vibero licensee of such data from the client in accordance with these conditions, and the provider or any Vibero licensed licensed rights set forth in section 11.3 (a) does not mean and will not be: (a ) to violate, violate or is unlawful to assign any rights of third parties, including any copyright, trademarks, patents, trade secrets, non-property right, the right to inviolability of private life, the right to public use or any other intellectual property or ownership; (b) violate any applicable laws or decisions anywhere in the world; or (c) to demand the receipt of a license or payment of any fees and/or royalties by the supplier to any third party for the performance of any Vibero services that the client chose to fulfill the supplier, or for the exercise of any rights provided in these conditions, if the customer and supplier are not Agreed on another. including any copyright, trademark, patent, commercial secret, moral law, the right to inviolability of private life, the right to public use or any other intellectual property or ownership; (b) violate any applicable laws or decisions anywhere in the world; or

12.4 Feedback

If the client or user provides suppliers with any comments, error reports, reviews or modifications for Vibero services (“reviews”), the supplier has the right to use such reviews at his discretion, including, among other things, the inclusion of such changes in Vibero services.

The client or user (depending on the circumstances) of the present provides the supplier with an unlimited, irrevocable, non -exclusive, gratuitous license to all rights necessary for inclusion, publication, reproduction, distribution, changes, adaptation, preparation of derivatives, public display, public performance, use, and Use your review for any purpose. The supplier has the right to change or delete any reviews provided in the publicly available sections of the website, if the supplier considers, at his discretion, harmful, insulting, threatening, insulting, disturbing, discrediting, vulgar, obscene, aggressive, aggressive in relation to other persons. The inviolability of private life, hated or otherwise illegal.

13. Third -party sites, products and services

Vibero services may include links to other websites or services (“Related sites”) exclusively for the convenience of customers. Unless otherwise specified and clearly indicated, the supplier does not support such related sites or information, materials, products or services contained on related sites or available through them. In addition, the supplier does not give any obvious or implied guarantees regarding information, materials, products or services that are contained on related sites or are available through them. Access and use of sites related to links, including information, materials, products and services on sites related to links, or available through sites related to links, is carried out exclusively at your own risk.

Any contents called the community are provided to the third parties and is not developed and is not supported by Vibero. Using the code or libraries marked by the community in the development of your software, you recognize and agree that Vibero in no way is responsible for the performance or damage caused by such a code or library provided by the community.

14. Refusal of responsibility.

Unless otherwise provided by the supplier, Vibero services, Vibero materials and any contents, services or functions available in accordance with Vibero services or through services are provided “as it is” and “as available” without any guarantees or assumptions. To the maximum extent, permissible applicable law, the supplier and its affiliated persons abandon all the guarantees provided for by law, obvious or implied, including, among other things, implied guarantees of commercial suitability, for certain purposes that do not violate property rights, correctness, accuracy and reliability.

Unless otherwise provided by the supplier, the supplier and his affiliated persons do not guarantee that Vibero services and any contents, customer data or functions available in accordance with Vibero services or through them will be uninterrupted or without errors that the defects will be corrected, or That Vibero services and any content, client data, services or functions available in accordance with Vibero services or server, which makes them available, or through them, do not contain viruses or other harmful components.

Unless otherwise provided by the supplier, the supplier and his affiliated persons do not guarantee and do not make any statements regarding the use or results of the use of the Vibero platform, Vibero materials or any sites related to us, in conditions of correctness, accuracy, accuracy, reliability, or OTHERWISE.

The laws of some countries and states do not allow restrictions on the implied guarantees or exclusion or restrictions of certain losses. If these laws apply to you, some or all of the above refusals of responsibility, exceptions or restrictions may not apply to you, and you may have additional rights.

15. Compensation for losses

You agree to protect, compensate for the damage and protect the supplier and his affiliated persons, as well as their relevant directors, officials, employees and agents from any claims, losses, losses, obligations, including fees of lawyers arising from your use or improper use of Vibero services . Vibero materials, statements made by the supplier, to its affiliated persons and/or third parties, violation of these conditions, violation of the rights of any other individual or legal entity or any violation of the above applications, guarantees and agreements. The supplier reserves the right at his own expense to take on exceptional protection and control on any issue on which you are obliged to compensate for the damage to the supplier, and you agree to cooperate with such protection of these claims.

16. Limiting liability

16.1 Lack of responsibility

The supplier is not responsible to the client or user for any consequences that arose as a result:

Any changes in these conditions, calculations and rates of remuneration, Vibero services, Vibero materials were of any part or element (including, among other things, accounting), including any errors, constant or temporary interruption, termination, suspension or other type of inaccessibility of Vibero services or materials Vibero;
removal, damage or impossibility of maintaining any customer data;
the use of the client’s data by the client or any of the users related to the account;
updating or lowering the current plan;
any disclosure, loss or unauthorized use of accounting data for the client’s entrance or any authorized user due to the inability of the client to maintain their confidentiality;
Use by the client of accounting or services of Vibero using browsers other than those accepted or supported by the supplier;
the use of any means of legal protection against the client or authorized users, for example, if a client or user has committed a crime or violated the current legislation using Vibero services or any part or element;
differences between technologies and platforms used for access, for example, if certain functions, parts or elements of Vibero services are designed for use on a personal computer or laptop and do not work on a mobile platform or tablet;
The application by the supplier of legal protection funds described in these conditions, even if reasonable grounds or legal basis for the use of these means of legal protection subsequently turned out to be unreasonable or invalid.

In addition, the supplier and his affiliated persons are not responsible to the client for any claims of any user, person, organization or third parties to the client, arising in connection with the inability of the client:

provide the supplier with reliable information about the client, users or account;
notify the supplier of any reason why the user does not have the right to use an account on behalf of the client;
provide any products that he agreed to provide to such a person or organization (regardless of whether such a refusal arises as a result of negligence of the supplier, violation of these conditions or in another way);
ensure the legality of the client’s data;
get the necessary rights to use the client's data; or
Follow any restrictions described in these conditions.

16.2 Limiting liability

Under no circumstances, the aggregate liability of the Vibero company and its affiliated persons arising from these conditions or related to them does not exceed the total amount paid by the client under the Vibero agreement, led to liable for six months preceding the first incident.

The above restriction is applied in relation to an agreement or tort and, regardless of the theory of responsibility, but does not limit the client’s payment obligations in accordance with the “Payment” section above.

16.3 The exclusion of indirect and related losses

Under no circumstances, no party or its affiliated persons bear any responsibility arising from these conditions or associated with them, for lost profits, income, religion or indirect, special, random, subsequent, coatings, breaks of business activities or penalty losses, They will either act under an agreement or tort and, regardless of the theory of responsibility, even if the party or its affiliated persons were warned about the possibility of such damage or if the means of the right of the party or its affiliated funds does not correspond to its main goal.

The above refusal of liability is not applied to the degree prohibited by law.

17. Continuation of these conditions

17.1 for convenience

The action of these conditions may be discontinued for convenience in the following situations;

The client at any time, clicking the lifting link to the website that will conduct it through the cancellation process at the entrance to the account, or if the client pays for the service using the PayPal account, by calling the agreement on issuing accounts to its PayPal profile; or if the client pays for the service through a commercial intermediary, in the methods agreed between the client and the commercial intermediary;
The supplier after the decision is made on the termination of the provision of Vibero services and the closure of the platform; or
Immediately, any of the parties, if the proceedings on the liquidation or insolvency of the other party were instituted, or an agreement on settlement by negotiations with creditors of the other side, or concession was concluded on behalf of the other side in the interests of creditors.

17.2 by default

The validity of these conditions may be terminated due to non -fulfillment of obligations after a written notice of the other party, as indicated in the “Notification” section below

in case of violation of these conditions by the other party, if the violation was not eliminated within 30 days from the date of receipt of the notification from the non -violated party; or
Immediately by any party, if the other party violates its obligations, as is applicable in accordance with sections 12 [intellectual property rights], 15 [compensation for losses] or 10 [restrictions] of these conditions.

17.3 The consequences of the cessation

After the termination of these conditions,

The supplier must deactivate and finally delete the account within six months from the date of termination of these conditions. If the client specially requested an earlier deletion of the account, the supplier must fulfill such a request within 1 month from the date of receipt of such a request.
The client should:

stop using and prevent the further use of Vibero services, including, among other things, the platform;
pay for any amount due to the supplier in accordance with these conditions; And
to fulfill any responsibility incurred by the client earlier in accordance with these conditions, before their termination; And

The following provisions remain in force after the termination of these conditions: sections 1, 7.4, 10, 11, 12, 14, 15, 16, 18 and 19.

17.4 Law protection funds

If the supplier terminates these conditions as a result of the non -eliminated violation by the client or user, the supplier has the right to use the same or similar legal protection funds against any other persons who use Vibero services in the conflict with these conditions. Despite the foregoing, the supplier can also apply any other legal protection funds available to him in accordance with applicable law. After the use of any means of legal protection, the client or the user may lose access or to the loss of certain functions, parts or elements of Vibero services.

If the supplier has reasonable reasons to believe that the use of Vibero, including an account, can harm any third parties with a client or user, the supplier has the right to take appropriate measures under his control to prevent, terminate and eliminate harm, where possible, to protect, to protect these third parties.

The supplier has the right to suspend access to the entire or any part of the service, including removal of content, at any time for violation of this Agreement or to protect the integrity, performance and security of the service that enters into force immediately, with or without notice. . If this is not prohibited by law or trial or to prevent the inevitable harm to the service or any third party, the supplier usually provides a notification in the form of a banner or email during or to such a suspension. The supplier at his discretion and conscientiously adapts any suspension as necessary to maintain the integrity, performance and safety of the service.

18. With whom do you conclude a contract

18.1 General

The supplier with whom the client concludes the contract depends on the place of residence of the client. The supplier determines the place of residence of the client on the basis of the country specified in the payment address of the user, which concludes these conditions on behalf of the client. During the free trial version, the supplier determines the place of residence of the client on the basis of the location specified in the IP address of the user, which concludes these conditions on behalf of the client. Accepting these conditions, the client concludes an agreement with the supplier indicated opposite the residence of such a client in the following table:

The place of residence of the client:

Provider:

The European Union and the overseas territories of the Member countries of the European Union, the European Economic Zone, Russia, Switzerland, Turkey, Ukraine and the rest of the world.

Pioneer OÜ

The United Kingdom and Gibraltar

Piprave Great Britain

The United States of America, including all their territories, and Canada

Pipdrave Inc

As for customers in Russia, as determined above, the supplier tells you that if such customers subscribe to Pipedrive services after August 5, 2020, such customers can immediately or ultimately start receiving accounts from Pipedrive Ireland. To the extent that Pipedrive Ireland will not recover an account immediately, such clients will issue Pipedrive OU accounts until their billing is transferred to Pipedrive Ireland and they will not be notified of such a change. Clients in Russia who have subscribed to Pipedrive services until August 5, 2020 will receive accounts from Pipedrive Ireland. To the extent that Pipedrive Ireland will not recover an account immediately, such customers will be issued an account with Pipedrive OU until their billing will be transferred to Pipedrive Ireland, and if necessary, they will be notified of such a change. To the extent that such customers will receive accounts from Pipedrive Ireland, the supplier can notify you of the change directly and/or rely on real updated conditions for reflecting the change. Clients in the United States of America, in all its territories and in Canada, were issued and will receive accounts from Pipedrive US.

18.2 applicable law and jurisdiction

In the event of a dispute, disagreements or claims arising from these conditions or in connection with them, including, among other things, their formation, reality, violation or termination, the parties should try to solve the issue peacefully during mutual negotiations. If a mutually acceptable decision cannot be achieved within a reasonable time, any of the parties will have the right to use all available means of legal protection, including legal protection funds, in accordance with the provisions and conditions described below. Despite the foregoing and in accordance with the provisions and conditions described below, any of the parties may require a judicial ban on any controversial issue, as far as possible in accordance with applicable law. If the settlement agreement between the parties is impossible, the dispute is subject to final permission in court or arbitration, as indicated in this document, in accordance with the provisions and conditions described below. The United Nations Convention on Contracts of International Product Supply of Products (Vienna Convention 1980) does not apply to these conditions. Any questions regarding these conditions that are not directly or indirectly regulated by the provisions contained in these conditions are regulated and interpreted in accordance with the following:

The place of residence of the client:

Applicable right; Resolution of the dispute:

The European Union and the overseas territories of the Member countries of the European Union, the European Economic Zone, Russia, Switzerland, Turkey, Ukraine and the rest of the world

These conditions (and any additional rules, politicians or guidelines included in them through exile) are regulated and interpreted in accordance with the laws of the Estonian Republic without taking into account any principles of conflict law.

The United Kingdom and Gibraltar

These conditions (and any additional rules, politicians or recommendations included in them through exile) are regulated and interpreted in accordance with the laws of England and Wales.

The United States of America, including all their territories, and Canada

These conditions (and any additional rules, politicians or recommendations included in them through exile) are regulated and interpreted in accordance with the laws of Delaware state without the application of any principles of conflict law. Unless otherwise agreed in writing between the client and Pipedrive Inc., any dispute arising due to these conditions or in connection with them, or their violation, is regulated by the conditions set forth in this section 18.2.

For customers living in the United States, any dispute arising in connection with the subject of these conditions or related to it is subject to final resolution in arbitration in New York, New York, using English in accordance with the arbitration rules and procedures of JAM , and then, in essence, with one commercial arbitrator, which has significant experience in resolving intellectual property disputes and commercial contracts, which should be selected from the corresponding list of JAMS arbitrators in accordance with the arbitration rules and procedures of JAMS. The winning party in arbitration has the right to reimburse their reasonable expenses (including reasonable fees of lawyers, fees of expert witnesses and all other expenses) incurred in this regard. The decision on the decision made in this way may be submitted to the court with jurisdiction, or an application may be filed in such a court to declare in court of any decision and writ of execution, depending on the circumstances. Despite the foregoing, each party has the right to initiate a lawsuit in court of proper jurisdiction on a judicial prohibition or other legal protection means by the right of justice until the final decision by the referee. For all the goals of these conditions, the parties agree to exclusive jurisdiction and the place of consideration of cases in the federal courts of the United States located in New York, New York. The use of Pipedrive services is not allowed in any jurisdiction in which all provisions of these conditions are not applied, including, among other things, this section. How could it be. Despite the foregoing, each party has the right to initiate a lawsuit in court of proper jurisdiction on a judicial prohibition or other legal protection means by the right of justice until the final decision by the referee. For all the goals of these conditions, the parties agree to exclusive jurisdiction and the place of consideration of cases in the federal courts of the United States located in New York, New York. The use of Pipedrive services is not allowed in any jurisdiction in which all provisions of these conditions are not applied, including, among other things, this section. How could it be. Despite the foregoing, each party has the right to initiate a lawsuit in court of proper jurisdiction on a judicial prohibition or other legal protection means by the right of justice until the final decision by the referee. For all the goals of these conditions, the parties agree to exclusive jurisdiction and the place of consideration of cases in the federal courts of the United States located in New York, New York. The use of Pipedrive services is not allowed in any jurisdiction in which all provisions of these conditions are not applied, including, among other things, this section. The parties agree to the exclusive jurisdiction and place of consideration of cases in the federal courts of the United States located in New York, New York. The use of Pipedrive services is not allowed in any jurisdiction in which all provisions of these conditions are not applied, including, among other things, this section. The parties agree to the exclusive jurisdiction and place of consideration of cases in the federal courts of the United States located in New York, New York. The use of Pipedrive services is not allowed in any jurisdiction in which all provisions of these conditions are not applied, including, among other things, this section.

Each of us agrees that we will excite any dispute against another in our individual quality, and not as a plaintiff or member of the group in any alleged group, representative proceedings or as an association. In addition, each of us agrees that disputes should be considered in arbitration only on an individual basis, and not within the framework of a group, consolidated or representative claim. The referee has no right to change these provisions.

For customers living in the United Kingdom, all disputes arising in connection with these conditions or in connection, including any issues relating to their existence, reality or termination, are subject to final resolution in accordance with the arbitration regulations of the International Chamber of Commerce (ICC ) (“Arbitration Regulations”) by one (1) arbitrator, which has significant experience of resolving disputes in the field of intellectual property and commercial contracts, appointed in accordance with the specified arbitration regulations. The arbitration site is London (England). The arbitration language is English. The arbitration proceedings begins with a statement on the arbitration of one of the parties (“plaintiff”) transferred to the other side (“defendant”). The request for arbitration should set out the nature of the lawsuit (claims) and requested help. With the exception of cases specially limited by these conditions, the arbitral tribunal has the right to provide any means of legal protection or means of judicial protection, which he considers appropriate, whether preliminary or final, including, among other things, legal prohibitions and court prohibitions, as well as any such measures , prescribed by the arbitration court. The arbitration court, as much as this is allowed by law, is considered the final decision on the subject of measures and is subject to execution as such. Each party retains the right to apply to any court of competent jurisdiction for temporary and/or security measures, including pre -arbitration applications or court prohibitions, and any such request is not considered incompatible with the arbitration agreement or the rejection of the right to arbitration. The existence and content of the arbitration proceedings and any decisions or decisions should be preserved by the confidential parties and members of the arbitration court, with the exception of (I) the degree that the disclosure of information may be required from the side to fulfill legal duties, protection or persecution. legal right or to enforce or challenge the decision in a conscientious trial in a state court or another judicial authority, (II) with the consent of all sides, (III) when it is necessary to prepare or present a claim or protection in this arbitration, (IV) if Such information is already in the public domain, except as a result of a violation of this paragraph, or (V) by order of the Arbitration Court at the request of the party. The arbitration court may include in its decision the distribution of such costs and costs, including the fees of lawyers as an arbitration court, will consider the distribution of such costs and costs. Any decision of the arbitration court is final and mandatory for the parties. Making any decision can be requested in any court of competent jurisdiction.

If any part of this provision is recognized as unfulfilled, then the rest of this position will remain in full force and will be interpreted and applied as if the part recognized as unfulfilled was not contained in this document.

The use of Pipedrive services is not allowed in any jurisdiction in which all provisions of these conditions are not applied, including, among other things, this section.

Despite the foregoing, you and suppliers agree that nothing in this document can be considered as canceling, excluding or otherwise limiting the right of any of the parties to (I) the application of forced measures through the relevant federal, state or local bodies, where such measures Available, (II) to achieve a court prohibition in court or (III) to file a lawsuit to consider claims about violation of intellectual property rights.

19. General provisions

19.1 Relations of the parties

The parties will act exclusively as independent contractors. These conditions should not be interpreted as the creation of an agency, partnership, joint venture, fiducial obligations or any other form of legal association between the client and any supplier, and the client should not declare the opposite, whether it is directly or indirectly. or in another way. These conditions are not intended for the benefits of any third parties.

19.2 Divisability

If any term, condition or position of these conditions will be declared invalid, incomprehensible or illegal completely or partially for any reason, this provision should be carried out to the maximum permissible degree in order to fulfill the intention of the parties. The reality and applicability of other provisions, conditions or positions or their parts are not affected.

19.3 Full agreement

These conditions are a complete agreement between the client and the supplier in relation to the use of Vibero services by the client and replace all previous and simultaneous agreements, sentences or statements, written or oral, in relation to their subject. Unless otherwise provided in this document, no changes, amendments or refusals from any position of these conditions will have the strength if they are not framed in writing and are not signed by the party, against which changes, amendments or refusals must be declared.

19.4 appointment

The client cannot directly or indirectly, completely or partially, by virtue of the law or otherwise, retraining or transferring these conditions or delegating any of his rights and/or obligations under these conditions without the prior written consent of the supplier. Any attempt to assign, transfer or delegation without such preliminary written consent will be considered invalid and not legitimate. Despite the foregoing, the client or his permitted successors or successors can retrain or transfer these conditions or delegate any rights or obligations under this Agreement without consent: (1) of any organization controlled or under general control with the client, or his permitted consistent successors or successors; or (2) in connection with the merger, reorganization, transfer, sale of assets or grocery lines or a change in control or customer property,

19.5 there is no refusal

The inability of any of the parties to exercise or ensure compliance with any position or any of their rights in accordance with these conditions is not considered a refusal of the future execution of this or any other position or law.

19.6 notifications

Unless otherwise specified in these conditions, all notifications related to these conditions must be in writing and enter into force after (a) personal delivery, (b) on the second working day after sending by mail or (c), with the exception of notifications of termination or reimbursable requirement (“legal notifications”), which should be clearly identified as official notifications, on the day of sending by e -mail. Notifications related to the issuance of accounts will be addressed to the relevant contact person to issue the accounts indicated by you. All other notifications for you will be addressed to the corresponding service system administrator you appointed.