Limited liability company “CUTECOM” further as Developer, offers any physical or legal entity, conducting business activity with a use of internet, further as – User, hereinafter referred together to as – Parties, individually – Party, read the terms of this User Agreement, hereinafter referred to as - Agreement.
1.1. Developer, is the rightholder of web service located on the internet at www.cuteinvoice.com, further as – Service, offers Users to accept the conditions of the following agreement. By using the Service, Users agree to the following agreement.
1.2. Service is a software designed to easily create, edit, store and issue invoices using internet access.
1.3. Service is offered “as is”.
1.4. Servise is being offered on the basis of economically justified level of functionality and support. Developer makes every effort to ensure the availability of the Services 24 hours a day, 7 days a week, 365 days a year. However, the Developers can not guarantee that the service indeed will be available at any time.
2.1. Provide Users with access to the Service on a twenty-four hour basis in accordance with this Agreement.
3.1. Use the Service only in accordance with this Agreement and in accordance with the laws existing in the territory of the User and other regulations of the European Union, generally recognized principles and norms of international law.
3.2. To begin using the Service, User is required to register and create an account. By registering, the User agrees to the terms of this Agreement and the rules of use of the Service.
3.3. User agrees to receive information and advertising messages from the Developer by email.
3.4. It is forbidden to use the Service as following: In particular, interfere with Service operating process, or have an access bypassing the standard interface and instructions.
4.1. Only registered Users are allowed to use the Service. For that, it is required to register an account. User can create an individual Service account. One User is allowed to have only one account.
4.2. By registering, User agrees and accepts responsiblity for maintaining the confidentiality of passwords associated with the account in use to access the Service.
4.3. If you become aware of any unauthorized use of your password or account, you agree to immediately notify the Service administration.
5.1. User has the right to seek technical assistance from the Developer if unable to obtain the necessary information from the Service user guide documentation.
5.2. The Developer has the right without notice:
5.2.1. perform unscheduled changes in appearance, functionality, as well as carry out technical work, accompanied by the temporary suspension of the Service;
5.2.2. suspend or block access to the Service if the User violated the terms of this Agreement or if there were suspicions in the aforementioned violations
5.3. The Developer has the right to send User a notification messages from the administration of the Service and other information materials. In most cases User can unsubscribe form receiving the information.
6.1 There are 3 levels of Service cost depending on the selected subscription plan. Detailed information on subscription plan restrictions can be found in section Prices
6.2 Developer reserves the right to change, add and remove restrictions, with prior one month notification.
6.3 Subscription upgrade will be initiated only after payment confirmation for the Service through AirPay online payment system. Payments accepted by debit or credit cards.
6.4 In case of payment expiration, the subscription plan will be automatically downgraded to a free subscription plan, first registered company will be available with the restrictions within the plan. Other companies will only be available in view mode
6.5 After the payment, User access will be restored within the selected plan.
7.1. Under no circumstances, Developer or its representatives shall be liable to the User or a third party for any indirect, incidental, unintentional damages, including loss of profits, data, damage to the honor, dignity or business reputation, caused in connection with use of the Service, its content or other materials to which the User or other parties have gained access via the Service, even if the Developer warned or pointed out the possibility of such damages.
7.2. User is solely responsible for any damage that may be caused to third parties arising from the illegal use of the Service properly or as a result of the violation and / or non-compliance with the terms of this Agreement.
7.3. Developer disclaims any warranty that the Service may or may not be suitable for specific uses. The Developer cannot guarantee and does not promise any specific results from the Service utilization.
7.4. The Developer does not assume any liability for the content included in the Service, its functionality, reliability, availability, or matching User needs . The Developer also does not guarantee that the errors identified in the Service will be corrected in the expected time period.
8.1. Service does not collect or store User's personal data, except for the information User evidently provided in the account
8.2. Each Party undertakes to use confidential information only for purposes related to the fulfillment of the obligations under this Agreement
8.3. Each Party shall take all necessary steps to prevent the disclosure or misuse of confidential information.
8.4. The Parties also agree that access to any confidential information is restricted to those employees and representatives of the Parties whose activities are directly related to the implementation of this Agreement.
8.5. Developer agrees not to disclose any information to third parties.
8.6. By using the Service, User agrees to the terms of the Confidentiality Agreement, which defines the rights and obligations of the Parties under the protection of confidential information.
8.7. After Service utilization is terminated, all entries will be deleted automatically. User does not need to take any action to remove the data.
9.1. This Agreement shall enter into force on the date of User registration in the Service and shall be valid until either Party deems it necessary to terminate. In case of the Service closure the Developer will make every effort to notify the User in advance and provide the opportunity to copy the data contained therein.
9.2. The Developer is constantly changing and improving the Service, occasionally introducing or removing some of the features and functions. The Developer can also suspend or take down the Service.
9.3. The User has the right to stop using the Service at any time without prior notification to the Developer.
9.4. The Developer reserves the right to early termination of this Agreement unilaterally, without notice or explanation, as well as in the event of breach of this Agreement by the User, including in case of violation of the current legislation of the Republic of Latvia and regulations of the European Union and international law governing the operation of the Service.
10.1. The following Agreement may be changed and (or) updated by the Developer unilaterally without any prior notice. The Agreement is a matter of public record. The current version of the Agreement is located on the Internet at www.cuteinvoice.com . The Developer recommends that Users regularly check the conditions and updates of this Agreement, as well as other conditions for the use of the Service. Continued use of the Service by User after changes and / or updates, means acceptance or consent to such modifications and / or updates.
1.1. The subject of this Agreement is to define the rights and obligations of the Parties arising from the use of the Service in relation to confidentiality of information disclosed by either Party to the other Party in connection with the performance of obligations under the provision and use of the Service.
1.2. Party transferring confidential information is the Disclosing Party. The Party receiving confidential information is the Receiving Party.
1.3. Each Party understands and acknowledges that confidential information has been developed or received by the Parties by investing considerable effort and that the confidentiality of information - is a valuable and unique property of the Parties, that provides a significant competitive advantage. Each party agrees to apply all available measures to protect the Confidential Information of the other Party used to protect its own confidential information.
2.1. Subject of this Confidential Information Agreement is any information or material, purposely or accidentally obtained by the Receiving Party from the Disclosing Party in writing or electronically during use of the Service.
2.2. Confidential information also includes:
· any technical information, including all of the Parties released and not released products (documentation, technical requirements, objectives, technical solutions, algorithms, interfaces, and so on.);
· Any information related to marketing and promotion of products, market policy of the Parties, plans of the Parties;
· information about the Parties (turnover, sales, customers of the Parties, etc.)
· information contained in the correspondence between employees of the Parties during the term of this Agreement, regardless of the employees e-mail addresses used in the above mentioned correspondence;
· information contained in the correspondence between employees of the Parties conducted through the Service
2.3 Notwithstanding any other conditions, information is not considered confidential and therefore Receiving Party is not a subject to a confidentiality agreement in respect of such information, if the information meets one of the following characteristics:
o Information provided to a Receiving Party with a written indication of the fact that it is not confidential
o information obtained legally from a third Party and is not a subject, as far as the Parties are aware, of Confidentiality Agreement with respect to such information;
o information independently obtained by a Party during a research, systematic observations and/or other activities;
o information and materials publicly released and available to the public, including those published in print and / or posted on the Internet advertising materials and scientific articles;
o information that is or becomes publicly available as a result of improper, negligent or intentional actions of the Disclosing Party;
o information that was independently developed by the Receiving Party, provided that the person or persons who developed it did not have access to confidential or trade secret information;
o Information is/or becomes available to the public through no fault of the Parties of this Agreement;
o Information is owned by the Party (ies) and for which there are no obligations under the Confidentiality Agreement;
3.1. During the entire term of the Agreement, the Parties undertake not to disclose obtained confidential information without written consent of the Disclosing Party.
3.2 Parties agree to undertake measures, in respect of Confidential Information Agreement, to prevent its disclosure and to protect confidentiality of this information, store and process such information in accordance with the established procedures of each Party to preserve the confidential information.
3.3. Receiving Party agrees to provide access to confidential information only to employees who need such access to ensure the use of the Service for the Disclosing Party.
3.4. Receiving Party provides its employees with access to confidential information in accordance with applicable law and creates the conditions necessary for compliance with the terms of this Agreement.
4.1. The Parties undertake to use the Confidential Information only with the purpose of obligation execution to provide and use the Service.
4.2. All Confidential Information provided hereunder, including copies thereof, must be destroyed within seven (7) days from the date of the Disclosing Party account termination in the Service.
5.1. Confidentiality obligations under this Agreement shall not affect established by law Confidential Information requests by public authority, local government, courts, prosecutors, investigating agencies, bodies of inquiry. At the same time the Receiving Party shall promptly notify the Disclosing Party of the claim and confidential information disclosure necessity, if it does not contradict the current legislation.
6.1. This Agreement shall be governed by and construed in accordance with the current legislation of the Republic of Latvia.
6.2. All disputes arising out of or in connection with this Agreement and its interpretation shall be subject to an amicable settlement through negotiations between the Parties.
6.3. If no settlement is reached by the parties through negotiations within 30 calendar days from the start of the negotiations, the dispute shall be referred for settlement to the court of general jurisdiction at the location of the Receiving Party.
7.1. This Agreement shall enter into force upon signature by the Parties and shall be valid for three years after the termination of this Agreement.
8.1.Methods and ways of information exchange in the framework of this Agreement shall be determined by the Parties, provided that all actions must be performed, guided by fair business practices.
8.2. If any term of this Agreement is found to be invalid, illegal or unenforceable by a court or any other competent authority, it shall in no way affect the validity, legality and validity of the remaining provisions of this Agreement.
8.3. Neither Party shall have the right to transfer its rights and obligations in whole or in part, under this Agreement to a third party without the prior written consent of the other Party. In case of change of the legal form of ownership of a Party or its owner, its rights and obligations are automatically transferred to the successor.