1 Definition of key words and phrases

  1. The words and phrases used in these Terms of Conditions have the meanings as defined below:
    1. The Company – UAB „Patogi”, legal entity code 304126953, registered office address is at Bagušių g. 87B, LT-11311 Vilnius, Republic of Lithuania;
    2. Client – a person who orders and pays for the provision of the Services of the Company and provides the User with the access to review the information published on the Platform;
    3. User – the person who is given access by the Client to review the information published on the Platform;
    4. Terms – these Terms and Conditions made up between the Company and the Client or User;
    5. The Website – https://www.patogi.com/;
    6. Application – mobile application “PATOGI” that can be obtained through App Store or Google Play Store;
    7. Platform – electronic/technological platform “PATOGI” accessible through the Website or the Application;
    8. Services – computer-assisted services of transmitting the internal information to the chosen Users provided by the Company to the Client through the Platform;
    9. Client account – the personal account of the Client through which at his own discretion he is able to input onto the platform the desirable information material intended for the chosen Users;
    10. User account– the personal account of the User, through which he is able to review the information material published by the Client on the Platform.

2 General provisions

  1. These Terms are to regulate the Client’s and User’s use of the Platform.
  2. The Client or User upon registering on the Platform expresses his agreement to comply with the provisions of these Terms while using the Platform.
  3. The Company does not take any risk or responsibility and is unconditionally exempt from it in case the Client or User partly or completely is not familiar with these Terms.
  4. If the Client or User does not agree to comply with these Terms, he does not have a right to create a personal account and use the Platform.

3 Client account

  1. The Services are provided exclusively to the registered clients who generate their personal accounts by signing up on the Platform. The Client can have only one personal account.
  2. To generate a personal account, the Client has to enter following information in the Platform registration form:
    1. in case of a legal person: the name, legal person code, VAT payer code (if applicable), address, details of the payment card, e-mail address and individual password;
    2. in case of a natural person: the name and the surname, address, details of the payment card, e-mail address and individual password.
  3. The Client takes responsibility to ensure the confidentiality of the Platform log in details, not to reveal them to third parties and to ensure that his personal account is not used by any third parties.
  4. The Company notes that to ensure legal concerns and (or) in case the Client attempts to disturb the provision of the Company Services, it has a right to suspend the provision of the Services and eliminate the personal account of the Client and the data in it at any time ex-parte, at its own discretion without a notice to the Client.

4 User account

  1. To generate a personal account, the User has to acquire the invitation from the Client and enter his e-mail address and individual password in the Platform registration form.
  2. The User upon generating personal account confirms that he is not younger than 16 years old.
  3. The User can have only one personal account per invitation received from one Client.
  4. Using the Platform, the User reviews information material published on the Platform by the Client.
  5. The User takes responsibility to ensure the confidentiality of the Platform log in details, not to reveal them to third parties and to ensure that his personal account is not used by any third parties.
  6. The Company notes that to ensure legal concerns and (or) in case the User attempts to disturb the provision of the Company Services, it has a right to suspend the provision of the Services and eliminate the personal account of the User and the data in it at any time ex-parte, at its own discretion without a notice to the User.

5 Use of the Platform

  1. The Client and the User uses the Platform logged in to their personal accounts.
  2. The Client at his discretion publishes on the Platform information material for the chosen Users.
  3. To give the User an access to the Platform the Client enters on the platform User’s e-mail address to which an invitation to connect to the Platform is sent automatically. Once the User accepts the invitation and registers on the Platform by generating personal account, he is able to log in and review the information material published by the Client on the Platform.
  4. The Company is not liable to the Client, the User or third parties for the contents of the information material published on the Platform by the Client.

6 Payment provisions

  1. The Client pays to the Company Service fee according to the chosen Service plan which is published on the Website.
  2. The Client must link his payment card to the personal account. The card linked to the personal account must allow CPA payments.
  3. The Service fee is debited automatically from the Client’s payment card on the first day of the current month.
  4. In case the Company does not succeed to debit the Service fee from the Client’s payment card, the Service provision to the Client can be restricted without any additional information notice.
  5. The invoice is sent to the Client by e-mail till the 5th working day of the current month.
  6. Once the invoice is received the Client must examine the correctness of data in it within five working days and inform by e-mail about discrepancies noticed. Any kind of claims concerning the data presented on the invoice must be submitted by the Client within five working days counting from the day of invoice receipt. If no claims are submitted by the Client within the term specified above, it is assumed that the Client agrees with the invoice presented.
  7. If the Client does not receive the invoice by e-mail within the term set, he is obligated to contact the Company for the receipt of the invoice.

7 Client rights and obligations

  1. The Client has the following rights:
    1. to use the Platform as per these Terms;
    2. to receive methodical assistance and advice concerning the use of the Platform;
    3. to eliminate the personal account and the data in it.
  2. The Client has the following responsibilities:
    1. to use the Services only to serve his personal needs, i.e. the Client is forbidden to use the Services for commercial purposes, to resell them to other legal persons, to copy and etc.;
    2. to use the information on the Platform only for legal purposes;
    3. to look after the security of his devices used to perform actions on the Platform (e.g. to use antivirus software, firewalls and etc. on the devices);
    4. not to give over the personal account to the third parties or not to make an opportunity for them to use the account;
    5. to use the Platform responsibly, not to abuse the rights as per these Terms;
    6. not to take actions that would disturb stable and safe running of the Platform.

8 User rights and obligations

  1. The User has the following rights:
    1. to use the Platform as per these Terms;
    2. to receive methodical assistance and advice concerning the use of the Platform;
    3. to eliminate the personal account and the data in it.
  2. The User has the following responsibilities:
    1. to use the Platform only upon receipt of the invitation from the Client;
    2. to use the information published on the Platform only for legal purposes;
    3. to look after the security of his devices used to perform actions on the Platform (e.g. to use antivirus software, firewalls and etc. on the devices);
    4. not to give over the personal account to the third parties or not to make an opportunity for them to use the account;
    5. to use the Platform responsibly, not to abuse the rights as per these Terms;
    6. not to take actions that would disturb stable and safe running of the Platform.

9 Company rights and obligations

  1. The Company has the following rights:
    1. not to allow to use the Services to the person who do not agree to comply with or who do not comply with these Terms;
    2. to administer personal data of the Client and User for legal and predefined purposes as long as it concerns the provision of the Services;
    3. to assume urgent means to ensure the safety of the Platform, including but not limited to suspension or termination of the Service provision, restriction of access to certain persons, in case there is reasoned threat for the safety of Platform data, hardware or software (e.g. in case of cyber-attack or etc.);
    4. to suspend the provision of the Services to the Client and (or) User in case he violates these Terms.
  2. The Company has the following responsibilities:
    1. to ensure protection of personal data of the Client and User;
    2. to ensure stable running of the Platform;
    3. to inform about planned works that can have impact on the stable running of the Platform.
  3. The parties agree that the liability of the Company while providing the Services is limited, i.e. not higher than 3000 EUR for unsatisfactory provision of the Services to the Client or violation of these Terms.

10 Protection of Client’ and User’ personal data

  1. While providing the Services the Company on certain occasions administers the personal data of the Client and User as per [Privacy Policy]{.underline} that is integral part of these Terms.

11 Settlement of disputes

  1. These Terms are interpreted and applied following the law of the Republic of Lithuania.
  2. All disputes arising from these Terms are resolved through negotiations. If the parties do not agree within 14 calendar days after the beginning of the dispute, the disputes shall be dealt with in accordance with the laws of the Republic of Lithuania according to the registered address of the Company.

12 Final provisions

  1. In Client’s or User’s respect these Terms come into effect from the moment of familiarization with them and confirming them at the time of registration on the Platform and are valid for indefinite period of time.
  2. The Client wishing to withdraw from the Company’s provision of the Services has to consult the Company about this by e-mail or simply log in to the personal account and click the withdrawal from the Services button.
  3. In case the Client withdraws from the Company’s provision of the Services, the money debited for the advance monthly payment for the Services is not refunded to the Client but the Client is allowed to use the Services for the rest of the month.
  4. The User wishing to eliminate the personal account has to consult the Company about this by e-mail.
  5. The Company has a right to change these Terms and Service fee ex-parte informing the Client and (or) User about this by e-mail seven calendar days in advance.
  6. If the Client or User continues to use the Platform as per the Terms after the moment the changes of the Terms or Service fee about which he was informed according to the 12.5 article of these Terms come into effect, it is assumed that the Client or User agrees with the changes of the Terms or Service fee introduced by the Company. In case the Client or User does not agree with the changes concerned, he must cease using the Platform before the changes come into effect.
  7. For any questions regarding the running of the Platform the Client or User can contact the Company by e-mail help@patogi.com.

These Terms and Conditions are effective from April 5, 2019.