Utility

Terms and conditions

1. PREAMBLE AND DEFINITIONS

1.1. This document ("Agreement") establishes legally binding terms between JOIDY ("Company") and individuals, sole proprietors, and legal entities ("User" or "You") who access or use the website, related webpages, mobile applications, software, products, and services (collectively, the "Platform").

1.2. By using the Platform in any way, You agree to be bound by the terms of this Agreement. If You do not agree with any part of this Agreement, You are not permitted to use the Platform.

1.3. In this Agreement, the following terms have the following meanings:
a) "Services" means any products, services, content, features, technologies, or functionalities provided by the Company through the Platform.
b) "Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials.
c) "User Content" means any Content that the User creates, uploads, posts, sends, transmits, or displays while using the Platform.

2. REGISTRATION

2.1. Access to certain features of the Platform may require the submission of personal data. You agree to provide accurate, current, and complete information during the registration process and to maintain this information up to date.

2.2. You are fully responsible for maintaining the confidentiality of your account and for all actions that occur under your credentials.

2.3. The Company reserves the right, at its sole discretion, to deny access to the Platform.

3. TERMS OF SERVICE

3.1. The Company provides the Services on an "as is" and "as available" basis. The Company does not guarantee that the Services will meet your requirements or expectations, or that access to the Services will be uninterrupted, timely, secure, or error-free.

3.2. The Company reserves the right to modify, suspend, or discontinue any part of the Services at any time without prior notice. The Company shall not be liable to You or any third party for any such modifications, suspensions, or terminations.

3.3. You acknowledge that the Company may establish general practices and limits concerning the use of the Services, including, without limitation, the maximum period for which data or other content will be retained on the Platform, and the maximum disk space allocated on the Company’s servers on your behalf.

4. PAYMENT AND REFUND POLICY

4.1. The use of certain Services may require payment. All payments shall be made according to the pricing policy published on the Platform or agreed upon individually. The Company reserves the right to change Service prices at any time without prior notice.

4.2. You agree to provide the Company with current, complete, and accurate payment information. You authorize the Company to charge you all applicable fees for the Services using your selected payment methods.

4.3. All sales are final, and no refunds will be issued except as required by law or as determined by the Company at its sole
discretion. If a refund is approved, it may be limited to a partial refund or credit for future Services.

4.4. The Company reserves the right to deny a refund if:
a) more than 7 calendar days have passed since payment and access to the Platform were granted;
b) the User has accessed more than 20% of the development or Services;
c) the User has violated any provision of this Agreement;
d) there are reasonable grounds to believe the refund request is made in bad faith.

4.5. Payment for Services may be made through a payment system designated by the Company.

4.6. The Company reserves the right to change available payment methods without prior notice. Current payment method information is always available on the Platform or through the Company’s sales department.

4.7. The Company does not store Users’ bank card data. All payments are processed through secure gateways of the respective payment systems.

5. RIGHTS AND USAGE RESTRICTIONS

5.1. Subject to compliance with this Agreement, the Company grants You a limited, non-exclusive, non-transferable right to access and use the Platform solely for personal, non-commercial purposes.

5.2. You agree not to engage in the following when using the Services:
a) violating any applicable laws, rules, or regulations;
b) infringing on the intellectual property rights of the Company or third parties;
c) interfering with or attempting to interfere with the operation of the Platform or related servers and networks;
d) bypassing, disabling, or otherwise interfering with any Platform security features;
e) using any automated systems or software to extract data from the Platform for commercial purposes;
f) distributing malware or other harmful components.

5.3. The Company reserves the right to restrict, suspend, or terminate your access to the Services if, at its sole discretion, it believes You are violating any provision of this Agreement or that your actions may cause legal liability or disrupt the use of the Services by others.

5.4. Protection of trade secrets and confidential information: The User agrees not to disclose or use for their own or third-party benefit any confidential information, trade secrets, or know-how obtained during the use of the Services. This includes, but is not limited to, unique training methodologies, technological solutions, business processes, and other non-public information of commercial value to the Company.

5.5. Restrictions on the use of Company materials and developments: The User is strictly prohibited from copying, distributing, sharing with third parties, publishing, modifying, or using for commercial purposes any of the Company's training materials or developments (including but not limited to text, audio, video materials, presentations, assignments) without prior written permission from JOIDY. This restriction does not apply to practical skills, knowledge, and automation methods gained by the User during the software development, which they may freely use in their activities.

5.6. Use of materials for promotional purposes: The User grants JOIDY an irrevocable, perpetual, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute in any format and through any media (including, but not limited to, marketing materials) the following:
a) Recordings of sessions involving the User;
b) Projects, works, and other materials created by the User in collaboration with JOIDY;
c) User’s testimonials, comments, and recommendations regarding JOIDY;
d) Photo and video materials featuring the User made during collaborative work.

6. INTELLECTUAL PROPERTY AND LICENSES

6.1. All intellectual property on the Platform, including but not limited to copyrights, patents, trademarks, trade secrets, and other rights, belongs to the Company or its licensors. This Agreement does not grant You any rights to such intellectual property, except for the limited right to use it, which may be revoked at any time at the Company’s discretion.

6.2. All materials and developments, including but not limited to texts, videos, audio, presentations, source code, and other educational resources, are copyrighted by the Company. Reproduction, distribution, modification, or use for any purposes other than personal learning within the purchased software is strictly prohibited without the Company’s written permission.

6.3. By submitting, uploading, or posting any User Content on the Platform, You automatically grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content in connection with the Company’s Services and business, including for the promotion and redistribution of part or all of the Services in any media formats and through any media channels.

6.4. You represent and warrant that You have all necessary rights, power, and authority to grant the above license. You also agree that the User Content will not contain any material protected by third-party copyright unless You have obtained the rights holder’s permission or otherwise have the legal right to post the material and grant the Company the license described above.

6.5. The Company reserves the right, but not the obligation, to review, filter, edit, or remove any User Content. The Company is not responsible for any User Content posted by You or others on the Platform.

7. PERSONAL DATA PROCESSING

7.1. By providing your personal data, you consent to its collection, processing, storage, and use by the Company in accordance with applicable legislation and the Company's Privacy Policy.

7.2. The Company collects and processes personal data exclusively for the purposes of providing Services, improving the quality of services, ensuring user identification, and fulfilling its legal obligations.

7.3. The Company undertakes to ensure the protection and confidentiality of Users' personal data in accordance with applicable data protection laws.

7.4. Users have the right to access their personal data, request their correction or deletion, as well as withdraw consent to processing, unless otherwise provided by applicable law.

7.5. The Company may transfer personal data to third parties only in cases provided for by this Agreement or legislation, or if it is necessary for the provision of Services (e.g., payment systems, technical support).

8. LIABILITY AND LIMITATION OF LIABILITY

8.1. The User is personally responsible for all actions carried out using their account, as well as for compliance with the terms of this Agreement.

8.2. The Company is not liable for:
a) any indirect, incidental, special, punitive, or consequential damages;
b) any loss of profits, data, goodwill, or other intangible losses resulting from the use or inability to use the Platform or Services;
c) any unauthorized access to or use of the Company’s servers and/or any personal information stored therein.

8.3. In any case, the Company’s total liability to you for any claims related to the use of the Platform shall not exceed the amount you have paid to the Company for the use of the Services over the last 6 months prior to the claim.

9. AMENDMENTS TO THE AGREEMENT

9.1. The Company reserves the right to make changes to this Agreement at any time. The updated version will be published on the Platform with the date of the last revision.

9.2. Continuing to use the Platform after changes to the Agreement implies your acceptance of such changes. If you do not agree with the new terms, you must stop using the Platform.

10. TERMINATION

10.1. This Agreement shall remain in force until terminated by either you or the Company.

10.2. You may terminate the Agreement by ceasing to use the Platform and notifying the Company in writing.

10.3. The Company reserves the right to terminate or suspend your access to the Platform without notice if you violate the terms of this Agreement.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1. This Agreement is governed and construed in accordance with the laws of Ukraine.

11.2. All disputes and disagreements that may arise in connection with the implementation of this Agreement shall be resolved through negotiations. If an agreement cannot be reached, the dispute shall be resolved in a competent court in accordance with the current legislation of Ukraine.

12. FINAL PROVISIONS

12.1. If any provision of this Agreement is found to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions.

12.2. This Agreement constitutes the entire agreement between you and the Company regarding the use of the Platform and supersedes all prior agreements.

12.3. Any questions regarding this Agreement should be sent to the Company’s contact address published on the Platform.