Terms and conditions

Effective Date: April, 15, 2022

TICKING “AGREE” ON THE REGISTRATION FORM MEANS THAT YOU ARE READ THROUGH AND AGREE WITH THE UNDERWRITTEN LICENSING AGREEMENT, AND UNCONDITIONALLY ACCEPT ALL OF ITS TERMS.

IF YOU DO NOT AGREE WITH THE ENTIRE AGREEMENT, YOU HAVE NO RIGHT TO USE THE LICENSOR’S WEBSITE, ITS SERVICES, AND SOFTWARE, AND MUST LEAVE THE WEBSITE IMMEDIATELY.

 

1. Introduction and Scope

This Licensing Agreement constitutes and governs the contractual relationship between the parties: Advacheck OÜ, a company duly incorporated under the laws of the Republic of Estonia, with its registered address at Vesivärava 50-201, 10152 Tallinn, Estonia, hereinafter referred to as the “Licensor”, and you, as the user, hereinafter be referred to as the “Licensee” hereinafter collectively referred to as the “Parties”.

 

2. Documents forming part of this Licensing Agreement

The hereunder list of documents form an integral part of this Licensing Agreement:

• Privacy and Cookies Policy;
• User’s Guide;
• Principles of Proper Conduct for Users of the Advacheck System.

The documents will permanently be accessible on the Licensor’s website in their actual version for review and print.

 

3. Definitions

For the purposes hereof, the following terms shall be deemed by the Parties to have the following meanings:

1. Acceptance Date shall mean the date on which this Licensing Agreement was accepted by the Licensor by ticking “Agree” on the registration form.
2. Account shall mean the aggregate of statistical, authorization, and other data used to identify the Licensee for the purposes hereof. The account is linked to the Licensee’s information, including without limitation the information that was submitted upon registration, Software settings, data entered by the Licensee into the Software.
3. Fee Schedule shall mean a system of rates charged for using the Software that is subject to the Software functions and user category.
4. License shall mean the nonexclusive, non-transferable, limited, revocable license which the Licensor grants to the Licensee to use the Software for the personal and non-commercial use of the Software subject to restrictions prescribed hereby.
5. License Period shall mean a period of at least 24 hours for which the License is paid or for which the Licensee is authorized by the Licensor as Software user under some special terms. The License Period shall be deemed started once the Right to use Software is granted.
6. Licensee shall mean legal entity, including without limitation individual entrepreneurs, or natural person.
7. Licensor shall mean Advacheck OÜ, a company duly incorporated under
   the laws of the Republic of Estonia, with its registered address at Vesivärava 50-201, 10152 Tallinn, Estonia.
8. Licensor’s Website shall mean a website located at advacheck.com and its subdomains.
9. Login and Password shall mean a set of characters created by the Licensee in the course of registration to enable access to the Software.
10. Materials shall mean information uploaded by the Licensee to the Licensor’s Website in the form of texts and files.
11. Paid License shall mean License granted under compliance with Fee Schedule or separate additional agreement.
12. Parties shall collectively mean the Licensor and Licensee.
13. Personal Information shall mean any information relating to an identified or identifiable natural person.
14. Privacy and Cookies Policy refers to the document covering the storage of cookies and Parties rights and obligations regarding Personal Information.
15. Software shall mean the Advacheck software is serving to check the Licensee’s Materials for reuse from sources freely available on the Internet as well as from databases owned by third parties who have signed the appropriate agreements with the Licensor. The Licensor owns the exclusive license for the Software. Full or partial assignment of an exclusive license shall not be covered hereby.
16. Software Web-Based Version shall mean the method for granting access to the Software located at the Licensor’s equipment through a Web browser subject to Login and Password authorization and without installing the Software distribution package to the Licensee’s computer.
17. Limited Software Features shall mean a set of Software features (including without limitation of those of the Software Web-Based Version) that are available to the Licensee without any payments.
18. Software Report shall mean the deliverables from Licensor as a consequence of the Software usage by Licensee and which shall contain information on the results of Materials checking for plagiarism and duplicate content.

Other terms, definitions, and word combinations used in the Licensing Agreement shall have the meaning and interpretation that established practice has assigned to such terms, definitions, and word combinations at work in the field of Internet technologies and according to the governing law.

 

4. Subject Matter

4.1. Licensor offers two main types of License: License for the Limited Software Features and Paid License. If you are interested in purchasing a Paid License you should contact the Sales department at sales@advacheck.com. Terms stated in this Licensing Agreement apply to both License types, in case of signing an additional agreement between the Parties in regards to Paid License, that additional agreement shall prevail.

4.2. The rights to use the Limited Software Features (License for the Limited Software Features) shall be deemed granted with effect from the Acceptance Date of this License Agreement. The rights to use the Software under the payable Fee Schedule (Paid License) that implies authorization shall be deemed granted with effect from the date the Licensee activates the Fee Schedule. The rights to use the Software under the special terms and conditions shall be granted to the Licensee with effect from the moment stated in the additional agreement.

4.3. The rights to use the Software License shall include the following: the rights to access the Software and launch (as designated) the Software under the terms and conditions hereof for Licensee use only and not for resale or further distribution. The Licensee is prohibited from using the Software in any other way. The Licensor shall have the right to treat any other actions taken by the Licensee in regard to the Software as well as in regard to the Software access as a violation hereunder if otherwise is not agreed upon by the Parties.

 

5. Rights and Obligations of the Parties

5.1. Rights of the Licensor:

5.1.1. the Licensor shall have the right to receive from the Licensee the information related to the observance of the terms and conditions hereof and/or any information necessary for the purposes of performance hereunder as well as any additional agreements hereto;

5.1.2. the Licensor shall have the right to receive the fee for the Paid License;

5.1.3. the Licensor shall have the right to amend the Software including without limitation releasing new Software versions without notifying the Licensee in advance;

5.1.4. the Licensor shall have the right to unilaterally terminate the Licensing Agreement and/or block the Licensee’s access to the Software in case the Licensee infringes the laws of the Republic of Estonia and/or violates any terms and conditions hereof;

5.1.5. the Licensor shall have the right to do the routine maintenance of the equipment and/or the Software and, for this purpose, to suspend access to the Software;

5.1.6. the Licensor shall have the right to delete the account and all the Licensee data in accordance with Privacy and Cookies Policy.

5.1.7. the Licensor may collect registration data and other information about Licensee and uploaded Materials. Licensor’s collection, use, and disclosure of this information are governed by the Privacy and Cookies Policy.

5.1.8. the Licensor shall have the right to set limits for the Software use, including without limitation the following: enabling/disabling certain Software functions, the storage term of data entered by Licensee into the Software, the maximum number of registered accounts that have the same IP address, the maximum number of documents that may be uploaded for the check, the maximum number of versions of such documents and/or the maximum number of times such documents may be moved from one location to another, the maximum number of times the documents may be sent for the check, the maximum number of checks and other actions available to the registered Licensee, the maximum document size, the maximum number of times the Software may be addressed during the specified period of time, any special features of the uploaded documents, etc. The Licensor shall have the right to block automatic access to the Software as well as to stop accepting any information generated automatically.

5.1.9. the Licensor shall have the right to use the data uploaded by the Licensee to the Software, including without limitation any text documents, for the purposes of testing the Software in the course of its modification or debugging done by the Licensor or any third party engaged by the Licensor for this purpose. The Licensor shall have the right to transfer data to such a third party for the purposes of doing the above things in accordance with Privacy and Cookies Policy.

5.1.10. The Licensor shall have the right to introduce any special Fee Schedules at its sole discretion. Special Fee Schedules may be offered for a limited period of time, from time to time, or for an indefinite time and such Fee Schedules may apply to some specific user categories, at the sole discretion of the Licensor. Access to the Special Fee Schedules is granted subject to authorization as a special terms Software user as prescribed at the Licensor’s Website.

5.2. Obligations of the Licensor:

5.2.1. the Licensor shall ensure confidentiality of the Licensee’s data in line with the current laws and in accordance with Privacy and Cookies Policy;

5.2.2. the Licensor shall fix any Software malfunctions within the reasonable time in case such malfunctions occur through the fault of the Licensor;

5.2.3. whenever possible, the Licensor shall do the routine maintenance during the night hours and/or weekends/public holidays;

5.2.4. the Licensor shall at reasonable intervals make backup copies of the Licensee’s data and information;

5.3. Obligations of the Licensee:

5.3.1. the Licensee shall read the Licensing Agreement;

5.3.2. the Licensee shall pay the Licensor the fee in the amount and within the time frames as set on the Licensor’s Website or in a separate agreement in case of purchasing the Paid License;

5.3.3. the Licensee shall ensure confidentiality of Login and Password;

5.3.4. the Licensee shall immediately notify the Licensor on any unauthorized use of the Licensee’s Login and (or) Password or on any other security violation;

5.3.5. the Licensee shall comply with the laws protecting personal data processed with the use of Software;

5.3.6. the Licensee shall from time to time read the updated version of this Licensing Agreement and accept the terms and conditions hereof.

5.4. Rights of the Licensee:

5.4.1. the Licensee shall have the right to use the Software under the terms and conditions of the chosen type of License and of this Licensing Agreement;

5.4.2. the Licensee shall have the right to refuse to purchase the Paid License. In this case, the Licensee shall be granted a Limited Software Features License;

5.4.3. the Licensee shall have the right to request Account deletion and all the data entered by the Licensee into the Software in accordance with Privacy and Cookies Policy.

 

6. Use of the Software

6.1. To start using the Software, the Licensee shall fill in the registration form (online form) at the Licensor’s Website and accept this Licensing Agreement. The Licensee shall provide their contact details when filling in the registration form, in the Personal Account in the Software, or in any other way as may be agreed by the Parties. The Licensee shall incur all the risks entailed by providing faulty (invalid) contact details.

6.2. Once signing up is completed, the Licensee shall have the Login and Password and neither of the Parties shall disclose the details thereof.

6.3. Any actions taken with the use of the Licensee’s Login and Password shall be deemed to have been taken by the Licensee personally.

6.4. Licensee’s signing up at the Licensor’s Website shall not be deemed the start of the License Period.

6.5. Having signed up, to launch the Software under the Paid License, the Licensee shall make the payment under the selected Fee Schedule.

6.6. The Licensor shall not verify any information submitted (uploaded) by the Licensee for the purposes hereof and it shall not be held liable to any third parties for accuracy or reliability of such data as well as for any infringements of the personal data protection laws or copyright laws if committed by the Licensee.

6.7. By uploading any Materials, the Licensee gives their consent for use thereof by the Licensor or any other authorized Licensor in accordance with Privacy and Cookies Policy.

6.8. In case the Software or Software Report contains any links to any third-party websites, the Licensor does not hereby guarantee that such websites are the primary source of information.

 

7. Limitations

7.1. The Licensee shall have the right to use the Software only for their personal/educational and academic purposes.

7.2. Limitations imposed on the Licensee:

Except as may be expressly permitted by applicable law, or as Licensor may authorize expressly in writing, Licensee cannot, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any part of the Software or compile or collect any Software as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use the Software or to store, copy, modify, distribute, or resell the Software; (iii) rent, lease, or sublicense their access to the Software to another person; (iv) use the Software under other Licensee Account; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (vi) use the Software in a manner that threatens the integrity, performance, or availability of it; or (vii)  remove, alter, or obscure any proprietary notices (including copyright and trademark notices); (viii) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any part of the Software or Licensor Website.

 

8. Liabilities of the Parties and Warranties

8.1. The Software is provided on an “AS-IS” basis. While all efforts are made by the Licensor to have the Software available at all times, the Licensor does not warrant and/or guarantee that the Software will be always available or that the Licensee will not encounter any faults. The Licensor shall not be held liable for any potential damages that have either direct or indirect relation to the application, misapplication, or inapplicability of the Software by the Licensee or for any data loss or damage.

8.2. In any case, the liability of the Licensor shall be limited by the amount paid by the Licensee.

8.3. The Licensor shall not be held liable in the following cases: (i) malfunction of the Software (and any damages caused thereby) in case the Licensee (or any third parties) acting on their own has amended the Software or in case such malfunction is caused by the Software incompatibility with the Licensee’s hardware or the Licensee’s other software;

(ii) any things done by the Licensee in connection with the Software as well as for any documents created by the Licensee using the Software; (iii) lack of access to the Software in case such lack of access is caused by the acts of the Licensee, the Licensee’s access to Internet, acts of any third parties; (iv) contents of any websites whenever links to such websites are incorporated in the Software as references to quotation sources in the Software Report; (v) presence/absence of any viruses at the websites whenever links to such websites incorporated in the Software and/or for any other damages caused to the Licensee’s software and/or hardware and/or for any other things resulting from the Licensee following these web links from the Software report; (vi) performance of the website whenever a link to such a website is incorporated into the Software once the Licensee is using the Software; (vii) in case the Licensee uses the Software in a way that is not prescribed hereby, or upon expiry hereof or in case the Software is used in any other way beyond the scope of rights granted hereunder; this shall entail liability for infringement of the exclusive right to the intellectual property as prescribed by the laws of the Republic of Estonia and in this case the Licensor shall have the right to unilaterally terminate this Licensing Agreement without recourse to court and to revoke the License; (viii) limiting access to the Software.

 

9. IF THE LICENSEE RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH LICENSEE:

9.1. THE LICENSOR COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE LICENSEE.

9.2. NEVERTHELESS, THE LICENSOR LIABILITY MAY NOT BE ENGAGED IN THE EVENT OF DELAY OR BREACH OF ITS CONTRACTUAL OBLIGATIONS IF THE DELAY OR BREACH IS DUE TO A CAUSE BEYOND ITS CONTROL: FORTUITOUS EVENT OR CASE OF FORCE MAJEURE.

9.3 THE SOFTWARE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, LICENSEES ACKNOWLEDGE THAT THE SOFTWARE MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE LICENSOR WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE SOFTWARE, ACCORDINGLY, LICENSEES ACKNOWLEDGE THAT THE SOFTWARE ISN’T ERROR-FREE AND MAY BE INTERRUPTED.

9.4. THE LICENSOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SOFTWARE REPORT.

9.5. THE LICENSOR DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY, AND/OR RELIABILITY OF INFORMATION, DATA, OR SOFTWARE REPORT. THE LICENSOR DOES NOT WARRANT THAT THE PERFORMANCE OF THE LICENSEE’S PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE THE SOFTWARE. LICENSEES ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. THE LICENSOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE, OR ANY WEBSITE FEATURED IN THE SOFTWARE REPORT.

 

10. Dispute Resolution and Governing Law

10.1. The Parties hereby agree that this Licensing Agreement shall be construed in accordance with the laws of the Republic of Estonia and shall be subject to the jurisdiction of the Courts of the Republic of Estonia in the seat of. This provision cannot have the result of depriving the Licensee of the protection afforded to them by the mandatory rules relating to contractual obligations of the law of the state in which they have their habitual residence.

10.2. The Pre-trial dispute resolution procedure is obligatory. The Licensee’s claim should be sent to Vesivärava 50-201, 10152 Tallinn, Estonia and e-mail copy to info@advacheck.com, and such claim should contain the specific list of suspected violations and dates when they have been made by the Licensor, Account information, contact information, and Licensee signature. Non-compliance with the form or content of the claim entails non-compliance with the Pre-trial dispute resolution procedure and the term for claim consideration and for sending the answer may take up to thirty (30) business days from the moment of its acceptance.

 

11. Termination

11.1. You acknowledge and agree that Licensor has the right, at any time and for any reason, at its sole discretion with or without notice to you to terminate and/or shut down (temporarily or permanently) parts or all of the Software.

11.2. This Licensing Agreement shall be deemed terminated automatically once the Licensee’s Account is deleted.

11.3. Upon termination of this Licensing Agreement, Licensee’s right to use the Software will immediately cease. In case this Agreement is terminated, the Licensee shall immediately stop using the Software.

11.4. All provisions of this Licensing Agreement which by their nature should survive termination shall survive termination.

11.5. All payments are completely non-refundable. If Licensor terminates and/or shuts down (temporarily or permanently) parts or all of the Software, Licensee will not receive any refund or partial refund for any charges already billed to Licensee’s Account.

 

12. Final Clauses

12.1. This Licensing Agreement shall apply to all the updates and new releases of the Software.

12.2. The Licensor shall reserve the right to unilaterally amend this Licensing Agreement. Should the Licensee disagree with the amendments introduced, they shall stop using the Software immediately upon the effective date of the above amendments and terminate this Licensing Agreement unilaterally.

12.3. The headings contained in this Licensing Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions. Words in the singular mean and include the plural and vice versa.

12.4. In the event that any of these terms, conditions, or provisions shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions, and provisions which shall continue to be valid to the fullest extent permitted by law.