Service Agreement 

Entry into force: October 12, 2023

 

This service agreement (hereinafter referred to as “Agreement”) regulates relations between you (hereinafter referred to as “Client” if you have created your copy of the Service (hereinafter referred to as the “Workspace”) or “User” if you have been invited to an existing Workspace) and the Tracy service represented by the publisher UBRAINIANS LLC (hereinafter referred to as “Tracy”, “Service”, “We”, “Us”, etc.).

As a Client or User, you confirm and warrant that you understand and accept the terms of this Agreement. As a Client, you also confirm and warrant that you are responsible for your Users' actions and for their compliance with the terms of this Agreement.

DO NOT USE THE SERVICE IF YOU DO NOT AGREE TO ANY OF THE TERMS. THE SERVICE IS ALSO NOT INTENDED FOR USE BY CHILDREN UNDER 16. IF YOU ARE UNDER 16 YOU CAN NOT USE THE SERVICE IN ANY CASE.

Client and User Rights and Obligations

Use of the Service

The Client is obliged to use the Service only by the terms of this Agreement and to control its implementation by their Users. We are not responsible for data, files, images, etc., that are uploaded, created, and stored by the Client or Users (hereinafter referred to as “Client Content”), or exactly how and for what purposes they use the Service.

The Client is responsible for providing themself and their Users with the appropriate equipment and internet speed to access and use the Service.

Paid Subscription Cancellation

The Client can cancel a paid subscription at any time and switch to a free plan. In this case, the current plan will remain active until the end of the paid period.

Workspace Removal

The Client may delete its Workspace with all the Users and Client Content it contains at any time.

Our Rights and Obligations

Provision of Service

We provide the Service to the Client and their Users subject to the fulfillment of the obligations by the Client under this Agreement, including the obligation to pay for the Service according to the plan chosen by them (the list of plans and their respective limitations can be found on our website). 

Service Unavailability Compensation

We will not charge affected Clients for the following calendar month's use of the Service in case the Service has been unavailable collectively for more than three hours during a calendar month and the reason for the unavailability was within our control.

Client and User Data Protection 

We take administrative and technical measures to ensure the security of the Client’s and Users’ data and do not disclose them to third parties (except as specified in our Privacy Policy).

Service Termination

If we believe that there is a serious violation of the terms of this Agreement and if the Customer does not take steps to settle it, or if there is a threat to the Service, other Customers, etc., we may also intervene and resolve it at our discretion.

Automatic Workspace Removal

We will delete any workspace on the free plan after 3 months of inactivity. To prevent deletion, it is enough to log into the workspace at least once every 3 months.

Disclaimer

EXCEPT FOR CASES PROVIDED IN THIS AGREEMENT, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. AS A CLIENT OR USER, YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Limitation of Liability

THE AMOUNT OF ANY OF OUR LIABILITY WILL NO EXCEED THE AMOUNT RECEIVED FROM THE CLIENT DURING THE 12 (TWELVE) MONTHS PRECEDING THE LAST EVENT WHICH GIVES LIABILITY IN ANY CIRCUMSTANCES.

Changes to this Agreement

We may change the terms of this Agreement from time to time. Laws, regulations, and industry standards change, which may make those changes necessary, or we may make changes to our services or business. We publish changes to this page and invite you to review it periodically to stay informed. You should stop using the Service if you do not agree to the changes in this Agreement.