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Terms of use

EMEXES-DENT TERMS OF USE

Last update: July 1, 2024.

Welcome to our website EMEXES-DENT (“the Site"). EMEXES LLC ("EMEXES") offers you the Site subject to the following terms and conditions (the "Terms of Use"). By visiting the Site, you accept the Terms of Use. Please read them carefully. In addition, when you decide to use the EMEXES-DENT CRM system, you also become a party to the EMEXES-DENT Informatics Consulting and Computer Programming Service Agreement (the "Agreement"), which governs your use of our services and which is attached to and forms an integral part of these Terms of Use.

By accepting the Terms of Use, the User also accepts and agrees to the COOKIE Policy located at https://emexes-dent.com/ru/pages/cookies and the Privacy Policy located at https://emexes-dent.com/ ru/pages/privacy-policy. If you do not agree to these Terms of Use and the terms of these Policies, you must immediately leave the Site and stop using its functionality.

TERMS AND DEFINITIONS

- User — any legally capable natural person who has joined these Terms of Use in his/her own interest or in favor of a legal entity for the purpose of receiving services;

- Operator, EMEXES, Site Administration (“the Operator”) — EMEXES Limited Liability Company, country of registration: Ukraine, registration number 43978160, which owns all proprietary and non-property rights to the Site and the EMEXES-DENT Service/Software;

- Website, EMEXES-DENT Website — the website located at https://emexes-dent.com/ owned by the Operator on the Internet.

- Registration — User's actions to fill in and submit the registration form on the website.

- Agreement — an agreement to provide consulting services on informatics and computer programming to the User by providing access to EMEXES-DENT Service/Software.

- EMEXES-DENT Service/Software — the EMEXES-DENT CRM system, which is the software available on the website https://emexes-dent.com/, is designed to automate business processes. Exclusive rights to the CRM-system EMEXES-DENT belong to LLC EMEXES.

CONFIDENTIALITY

With regard to the processing and protection of personal data of individuals (personal data subjects) on the basis of the Ukrainian legislation on personal data protection, EMEXES has developed and placed on the EMEXES-DENT Website a Privacy Policy and a Cookie Policy, which also regulate your visit to the EMEXES-DENT Website and which we invite you to familiarize yourself with.

ELECTRONIC COMMUNICATIONS

When you visit the Site or email us, you are communicating with us electronically. You agree to receiving electronic notifications from us. We will contact you via email or post notices on the Site. You agree that all transactions, communications, disclosures and other notifications we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content on the Site, including text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations and software, is the exclusive property of EMEXES or its content providers and is protected by Ukrainian and international copyright and related rights laws. All software used on the Site is the property of EMEXES or its software suppliers and is protected by Ukrainian and international copyright and related rights laws.

TRADE MARKS

The EMEXES-DENT trademarks and trade dress may not be used in connection with any non-EMEXES products or services, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EMEXES. All other trademarks not owned by EMEXES and displayed on this Site are the property of their respective owners, who may or may not be affiliated, associated with or sponsored by EMEXES.

LICENSE AND SITE ACCESS

EMEXES grants you a limited license to access and make personal use of the Site. This license does not include any resale of the Site or its contents; any downloading or copying of profile information; or any use of data mining, robots, or similar data collection and extraction tools. Unless otherwise specified by EMEXES in a separate license, your right to use any software, data, documentation or other materials you access or download through the Site is governed by these Site Terms or, if you have an EMEXES-DENT account, by contract.

The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without the express written consent or license of EMEXES-DENT or solely in accordance with the terms of the Agreement. You may not frame or use framing techniques to display any EMEXES trademark, logo or other confidential information (including image, text, page layout or form) without express written consent. You may not use any meta tags or any other hidden text using EMEXES' name or trademarks without the express written consent of EMEXES. Any unauthorized use terminates the permission or license granted by EMEXES.

USER ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. EMEXES reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

MESSAGES AND OTHER CONTENT

Users may submit suggestions, ideas, comments, questions or other information, provided that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or inappropriate and does not consist of or contain software viruses, political campaigns, commercial solicitations, chain letters, mass mailings or any form of spam. You may not use a false email address, impersonate any person or organization, or otherwise misrepresent the origin of the card or other content. If you post content or submit material, and unless we specify otherwise, you grant EMEXES a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensed right to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world in any media. You grant EMEXES and sublicensees the right to use the name you send in connection with such content.

You represent and warrant that you own or otherwise control all rights to the content, including any Third Party Content, that you post to the EMEXES-DENT CRM system, such as: images of patients, organs (or parts thereof), patient personal information, including diagnoses; that the content is accurate; that use of the content you provide does not violate this policy or cause harm to any person or entity; and that you will indemnify EMEXES for any claims related to the content you provide. EMEXES is not responsible for any content published (posted) by you or any third party on the EMEXES-DENT CRM system.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Site and all information, content, materials, products (including any software) and services made available to you through this Site are provided by EMEXES on an "AS IS" and "AS AVAILABLE" basis. EMEXES makes no representations or warranties, express or implied, as to the operation of this site or the information, content, products (including any software) or services made available to you through the EMEXES-DENT site, unless otherwise stated in writing. You expressly agree that your use of this Site is at your own risk. EMEXES, to the fullest extent permitted by applicable law, disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of fitness for a particular purpose. EMEXES does not warrant that this Site, the information, content, materials, products (including any software) or services included on or otherwise made available through the Site; its servers; or e-mail sent from EMEXES is free of viruses or other harmful components. EMEXES shall not be liable for any damages arising out of the use of the Site or any information, content, materials, products (including software) or services included with the Site or otherwise made available through the Site, including but not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in the Agreement. The laws of some states do not authorize the limitation of indirect warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

APPLICABLE LAW

The relationship between Users and EMEXES is governed by these Terms of Use, the terms of the Agreement, other documents posted on the website EMEXES-DENT, the current legislation of Ukraine and international norms.

SPORTS.

Any dispute that is in any way related to your visit to the Site or services provided by EMEXES or through the Site shall be resolved by peaceful dispute resolution, and in case of failure to achieve a positive result, the dispute shall be resolved in court at the location of EMEXES in the manner prescribed by the laws of Ukraine.

OTHER CONDITIONS

View our other policies on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies and these Terms of Use at any time. If any of these terms and conditions are held invalid, such term shall be deemed severable and shall not affect the validity and enforceability of any other term.

Informatics Consulting

and Computer Programming

Service Agreement (Offer)

attached below

OUR CONTACTS

EMEXES LIMITED LIABILITY COMPANY

Ukraine, 04053, Kyiv, Voznesenskyi Spusk, 14, office 16/70.

USREOU code 43978160

E-mail: [email protected]

Telegram: @EMEXES

Phone: +380508278125

Appendix No. 1

Conditions of use

Site

SERVICE AGREEMENT

(OFFER)

Last update: July 1, 2024.

1. General provisions

1.1 This Agreement, within the meaning of Articles 633, 634 of the Civil Code of Ukraine, is as follows:

- Public, under which the Contractor undertakes the obligation to sell goods, perform works or render services to anyone who approaches them (User);

- A contract of adhesion, the terms and conditions of which are set out in this form posted on the Website: https://emexes-dent.com/ (“The Site”), which can only be concluded by adhering the User to this Agreement as a whole. The User may not propose their own terms and conditions of the agreement.

Conclusion of this Agreement is carried out in the manner prescribed by Art. 641, 642 of the Civil Code of Ukraine, i.e. by offering to conclude an agreement (offer) on the terms and conditions specified in this Agreement and acceptance (acceptance) by the User of this offer. The terms and conditions of this Agreement are the same for all users.

1.2 The Contractor under this Agreement is EMEXES LLC (“the Contractor”).

1.3 The User under this Agreement shall be any person who has registered on the Site and gained access to the Personal Account.

Hereinafter, the Contractor or the User shall be referred to as the Party, collectively the Parties.

1.4 The proposal (offer) to conclude an agreement is expressed in the form of posting the text of this Agreement by the Contractor on the Site, and the registration of the User to gain access to the User's Personal Account and EMEXES-DENT CRM-system Service/Software on the Site is a full and unconditional acceptance of this offer and is considered the conclusion of the Agreement on the terms and conditions specified therein.

1.5. In this Agreement, the following terms shall be used with the following meaning:

1.5.1 Website — a set of electronic, graphic and informational materials (files), as well as computer software and databases, ensuring their availability online at: https://emexes-dent.com/;

1.5.2. SaaS-version — a method of providing access to the EMEXES-DENT CRM-system Service/Software located at: https://emexes-dent.com/, through an Internet browser using Username and Password, without installing any software on the User's computer.

1.5.3 EMEXES-DENT Service/Software — the EMEXES-DENT CRM system, which is the software available on the website https://emexes-dent.com/, is designed to automate business processes. Exclusive rights to the CRM-system EMEXES-DENT belong to LLC EMEXES. Transfer of exclusive rights (in full or in part) is not the subject of this offer.

1.5.4. Personal Account — a personal part of the Service, not available for public review, which is accessed by the User by entering personal identification data, and represents the User's account - a way of recording statistical, accounting and other information necessary to identify the User for the purposes of this Agreement. Information related to the User is attached to the profile, including information specified during registration (username, phone number, and e-mail), Software settings, and data entered by the User.

1.5.5. Accounting period — a period of time, not less than one calendar month, for which access for the use of the EMEXES-DENT software has been paid.

1.5.6 Tariffs — service subscription plans located at: https://emexes-dent.com/ru/pricing.

2. Subject of the Agreement

2.1 Under the terms of this Agreement, the Contractor shall provide Informatics Consulting and Computer Programming services to the User by providing access to its EMEXES-DENT Service/Software, and the User undertakes to pay for the services provided in accordance with the terms of this Agreement based on relevant Tariffs.

2.2 The Pricing terms of this Agreement are defined by the Contractor athttps://emexes-dent.com/ru/pricing

3. Accession to the Agreement

3.1 To get access to the Service, the User registers on the Contractor's website, during which he/she enters his/her name, surname, country of residence, his/her company name, e-mail and phone number (primary personal data). By submitting their personal data, the User gives consent to the processing and storage of their personal data in accordance with the current legislation of Ukraine.

3.2 Within 1 (one) hour after registration, the Contractor sends a six-digit code to the e-mail specified by the User. After entering it in the System, the User is granted access to the Personal Dashboard. Entering this code by the User confirms the User's desire to join the Service.

3.3 The User gets access to the EMEXES-DENT CRM-system within one hour after payment for the tariff selected by them in myAlpari after the Contractor emails a link to the EMEXES-DENT CRM-system with a personal username and password to enter the EMEXES-DENT CRM system to the User.

4. Procedure for acceptance and transfer of services

4.1 Place of service — online, at https://emexes-dent.com/

4.2 The Users shall be provided services in the "AS IS" format. Technical disruptions and temporary interruptions of service provision (including those related to technological and preventive maintenance work on the service) shall not be the basis for any moral, material, property or other claims against the Contractor.

4.3 For the purpose of organizing settlements and acceptance of the provided services under this Agreement, the reporting period shall be the period for which access to the Service was purchased.

4.4 The funds deposited by the User are displayed in myAlpari in the corresponding section of their profile, indicating the date of access to the Service.

4.5 The Parties have agreed to cooperate on prepayment terms. The deposited funds are non-refundable, after payment the service is considered to be provided in full.

5. Cost of services and settlement procedure

5.1 The cost of services for the use of the Service is determined by the pricing plan of the selected User and published on the Website and selected on the page of myAlpari.

5.2 The Contractor has the right to change the price of the services at any time by publishing new prices on the Site at https://emexes-dent.com/pricing, notifying existing clients at least ten (10) days before the change of tariffs through private messages .

5.3 The User shall pay for the use of the Service in accordance with the pricing plan selected by the User. Payment shall be made online using any of the payment methods offered on the Site. If the online payment is not possible, the Contractor, at the request of the User, can create and send the corresponding invoice to the latter.

6. Rights and obligations of the parties

6.1 The Contractor undertakes to:

6.1.1 Provide services to the User, in accordance with this Agreement and the relevant pricing plan, under the terms and conditions defined at https://emexes-dent.com/pricing

6.1.2 The Contractor provides free technical support from 10 a.m. to 7 p.m. (Kyiv time) every working day.

6.2 The User undertakes to:

6.2.1. to pay in full for the services under the terms and conditions set forth in this Agreement.

6.2.2 Comply with the requirements, rules and other terms of service provision established by the Contractor.

6.2.3 The User undertakes not to take any actions aimed at disrupting the Service.

6.2.4 The User undertakes not to use the Service for sale (distribution) of goods (performance of works, provision of services, distribution of information and other actions), if such actions contradict the legislation of Ukraine and (or) the country of residence of the User.

6.2.5 The User acknowledges that the Contractor is not liable for any losses in any way related to the use or inability to use the Service.

6.2.6 In case the User uses the Service in violation of the terms and conditions of this Agreement, the Contractor shall have the right to unilaterally withdraw from this Agreement and demand compensation for damages.

6.2.7. The User, who has accessed the Service, confirms his/her legal capacity in accordance with the laws of the country of his/her residence. All consequences of failure to fulfill this condition shall be borne by the User.

6.3 The User has the right to:

6.3.1 Use the Contractor's services during the period provided by the pricing plan.

6.3.2 Receive necessary and reliable information about the Contractor's work schedule and services.

6.4 The Contractor shall have the right to:

6.4.1 Refuse to provide services to the User in case the latter violates the terms and conditions of this Agreement.

7. Term and Termination

7.1 The Agreement shall come into effect from the moment of acceptance of the offer and shall remain in force until termination of the Agreement.

7.2 The Contractor has the right to amend this Agreement at any time at their own discretion and without prior agreement with the User. Amendments and additions shall come into force from the moment of their publication on the website https://emexes-dent.com/.

7.3 The use of services provided by this Agreement after any changes to this Agreement shall mean the User's unconditional consent to such changes and (or) additions.

7.4 In case of termination of the Agreement on the initiative of one of the Parties, the settlement procedure shall be regulated by this Agreement.

7.5 This Agreement may be terminated early on the initiative of one of the Parties on the grounds stipulated by the current legislation of Ukraine. The Party initiating termination of this Agreement shall notify the other Party thereof (by sending an email) at least 5 (five) days prior to the expected date of termination of the Agreement. The Parties agreed that in case of early termination of this Agreement at the initiative of the User, no refunds shall be made to the latter. The User may use the Service until the end of the paid period. After the termination of the period of using the Service, the User may request the Contractor to delete all personal data of the User, information about goods, services and clients.

8. Liability of the parties

8.1 The User fully accepts responsibility for his/her state of health and agrees that he/she has no right to claim any compensation for material and health damage from the Contractor.

8.2 In case the User causes damage to the Contractor's property, the latter has the right to demand from the User full compensation for such damage. The Parties understand the damage as violation of the Contractor's copyright, which is expressed in the distribution of the Contractor's Service data without the consent of the latter.

8.3 Upon occurrence of force majeure circumstances beyond the reasonable foresight and control of the Parties to this Agreement, the Parties shall be released from liability for failure to fulfill obligations that should have been fulfilled during the period of such circumstances.

8.4 The Parties agree that the Contractor does not guarantee any financial or other results from the use of the Service purchased from the Contractor by the User in his activity.

8.5 If the User violates the terms and conditions of this Agreement, the Contractor has the right to terminate this Agreement unilaterally and block the User's access to the Service. The paid tariff plans shall not be refunded.

9. Confidentiality of the Contract

9.1 The Parties have agreed that information and data related to this Agreement are confidential and may not be transferred to third parties without prior written consent of the other Party, except in cases when such transfer is related to obtaining official documents for fulfillment of the Agreement or payment of taxes, other duties of payments, as well as in cases stipulated by the legislation.

9.2 The Parties shall be liable under the laws of Ukraine in case of disclosure of confidential information, which will become known to them in the course of fulfillment of the terms of this Agreement.

9.3 Neither Party shall have the right to transfer its rights and obligations under the Agreement to another person without the written consent of the other Party.

9.4 The User confirms their consent to the processing of their personal data by the Contractor, i.e. to perform the following actions with the User's personal data: collection, systematization, entering into the Contractor's databases, including electronic ones, accumulation, storage, clarification, as well as further use and distribution of personal data by the Contractor in accordance with the provisions of the Law of Ukraine "On Protection of Personal Data".

9.5 The Parties have agreed that the Contractor will collect and accumulate the User's personal data on paper and/or electronic media, including by entering it into the Contractor's database.

9.6 Issues not regulated by this Agreement shall be governed by the information specified on the Contractor's Website, as well as by the Privacy Policy posted at https://emexes-dent.com/pages/privacy-policy and the current legislation of Ukraine.

9.7 This Agreement is available on the Contractor's website in Ukrainian, English and Russian.

10. Copyrights and trademarks

10.1 The Service is the result of intellectual activity and the object of the Contractor's copyright, regulated and protected by the legislation of Ukraine on intellectual property.

All content posted on the Site, including text, graphics, logos, button icons, images, audio-video clips, digital downloads, data compilations and software, is the exclusive property of the Contractor or its content providers and is protected by the legislation of Ukraine and international laws on copyright and related rights. All software used on the Website is the property of the Contractor or its software suppliers and is protected by the legislation of Ukraine and international laws on copyright and related rights.

10.2 The Service operation algorithms and its source codes (including their parts) are the Contractor's commercial secret. Any use of them or use of the Service in violation of the terms of this Offer shall be considered as a violation of the Contractor's rights and shall be the basis for termination of this Agreement and application to law enforcement authorities.

10.3 The Contractor guarantees that it owns all the necessary property rights to provide services to the User.

10.4 Liability for copyright infringement shall be incurred in accordance with the current legislation of Ukraine.

10.5 The User is not granted rights to use the Contractor's trademarks and service marks.

11. Dispute resolution

11.1 In case of any disputes or disagreements, the Parties undertake to resolve them by electronic correspondence.

11.2 In case the Parties fail to reach an agreement, disputes are settled in court at the location of the Contractor.

11.3 In the event that one or more provisions of this Agreement shall be held by a court of law to be invalid, unenforceable for any reason, such invalidity shall not affect the validity of any other provision of the Agreement and the Agreement shall be construed as if it did not contain such invalid provision.

12. Contractor's details: