LICENSE AGREEMENT
This document constitutes an offer to enter into a license agreement for the granting of non-exclusive rights to use the Elbuz system under the terms and conditions set out below.
Kharkiv, Ukraine, last updated January 14, 2026
This agreement is addressed to legally competent persons who are registered on the Internet at the website https://elbuz.com (and its subdomains), hereinafter referred to as the "Licensee", and is an official and public offer of the sole proprietor Elena Nikolaevna Shelekhan (state registration certificate No. 10000002596192/2853810181), hereinafter referred to as the "SaaS provider", who have entered into this Agreement, the subject matter and terms of which are specified in the Agreement and in the Appendices to this agreement (hereinafter referred to as the "Agreement") as follows:
Definitions and Terms
1.1 The Parties have agreed on the following concepts and definitions specified in this Agreement:
1.2 “Agreement” - a public offer from a SaaS provider addressed to any person to enter into a license agreement with it (hereinafter referred to as the “Agreement”) under the existing terms and conditions contained in the Agreement.
1.2.1 “Acceptance” – full and unconditional acceptance by the Licensee of the terms of the Agreement.
1.2.2 "SaaS provider" - sole proprietor Elena Nikolaevna Shelekhan, who has entered into an Agreement with the Licensee on the provision of the right to use (a simple (non-exclusive) license) of the System.
1.2.3 “Licensee” – a person who has entered into an Agreement with a SaaS provider under the terms and conditions contained in the offer.
1.2.4 The Elbuz System (hereinafter referred to as the System) is a set of cloud services that includes a software suite (software package, platform) built by a SaaS provider using web technologies and provided without downloading a distribution package on the SaaS provider’s services.
1.2.5 SaaS (Software as a Service) is a model for providing the Licensee with access to the System using browsers or other programs using web protocols.
1.2.6 Accounting period – 30 days.
SUBJECT OF THE AGREEMENT
2.1 The subject of the Agreement is the provision by the SaaS provider to the Licensee, on the terms and to the extent specified in this Agreement, of non-exclusive rights to use the System located on the Internet site. https://elbuz.com, using SaaS technology for a fee paid by the Licensee in accordance with the SaaS provider's tariff plans.
2.2 The list and cost of the rights provided are indicated on the SaaS provider’s website.
2.3 The SaaS Provider and the Licensee provide mutual guarantees of their rights and legal capacity necessary for the conclusion and execution of this Agreement.
COST AND PAYMENT PROCEDURE
3.1 The price of the transferred rights to the System is indicated on the SaaS provider's website. The price is calculated dynamically based on the Licensee's use of the System's functions.
3.2 The moment of payment is considered to be the date of receipt of funds by the SaaS provider.
3.3 The Licensee shall make the next advance payment for use of the System three (3) business days prior to the start of the next billing period. The start of the billing period shall be calculated from the date the Licensee is actually granted the right to use the System.
3.4 The SaaS provider and Licensee do not sign any agreements. Payment confirms the quality of services.
3.5 The free trial period for a System instance is 14 (fourteen) calendar days. All payments made after this period for the SaaS service and additional services are non-refundable.
RIGHTS AND RESPONSIBILITIES OF THE PARTIES
4.1 The SaaS provider undertakes to:
4.1.1 Provide the Licensee with access to the System by registering on the website with a unique name (login) and issuing a password to log into the System, followed by the creation of a separate account for work.
4.1.2 Provide the Licensee with information support on issues related to working with the System through the SaaS provider’s forum.
4.1.3 Independently, promptly and free of charge update the current version of the System during the term of the Agreement.
4.1.4 If technically feasible, promptly eliminate possible software failures in the operation of the System at the request of the Licensee.
4.2 The SaaS provider has the right to:
4.2.1 Suspend the Licensee’s exercise of its right to use the System until payment is received.
4.2.2 Terminate the Agreement and refuse to grant the Licensee the rights to use the System in the event of a violation of payment deadlines by the Licensee, or on other grounds provided for in this Agreement.
4.2.3 Issue new releases and versions of the System, and establish the conditions for their provision to the Licensee.
4.2.4 Unilaterally make changes to this Agreement, including the cost of the rights granted to the System, by publishing new versions, notifying Licensees of this on its website. https://elbuz.com.
4.3 The Licensee undertakes to:
4.3.1 Pay for the right of access to the System under the conditions specified in this Agreement.
4.3.2 Use the System only within the limits of the rights and in the ways provided for in this Agreement.
4.4 The Licensee has the right to:
4.4.1 Select the required functionality of the System, reflected on the SaaS provider’s website, taking into account your needs.
4.4.2 Request from the SaaS provider an Act of Granting the Right to Use the System.
PROCEDURE FOR GRANTING RIGHTS TO THE SYSTEM
5.1 The Licensee registers on the website https://elbuz.com, after which the Licensee's personal account is created, and the Licensee receives a login and password for access to the System via email from the SaaS provider. The Parties consider this transfer to be the beginning of the testing period for the System instance, which may last a maximum of 14 (fourteen) calendar days.
5.2 During the trial period of using the System, but no later than 14 (fourteen) calendar days, the Licensee places an order for the purchase of a simple (non-exclusive) license of the System by: filling out an electronic form in the personal account of the System (menu Account, Balance, Payment tab).
5.3 From the moment of placing an order in accordance with clause 5.2. of this Agreement, the acquisition of a simple (non-exclusive) license for the System is considered agreed upon.
5.4 Procedure for granting rights to the System:
5.4.1 Before the maximum trial period for the System instance expires, the Licensee either acquires the rights to use the System (a simple (non-exclusive) license) from the SaaS provider by paying the appropriate license fee, or renounces use of the System. A renunciation of the right to use the System is deemed to be the failure to pay the initial License Fee or a delay in payment.
5.4.2 In case of refusal of the right to use the System, the SaaS provider blocks the Licensee’s actual access to the use of the System and/or stops posting the Licensee’s data on the Internet server.
5.4.3 Upon payment of the license fee, the SaaS Provider grants the Licensee access to the System on a permanent basis for the duration of the paid billing period. The start of the next billing period is calculated from the date the SaaS Provider receives payment from the Licensee in accordance with the terms of this Agreement.
RESPONSIBILITY OF THE PARTIES
6.1 The Parties shall be liable for failure to perform or improper performance of their obligations under this Agreement in accordance with the procedure established by international law and the legislation of Ukraine.
6.2 The Licensee uses the System at their own risk. The SaaS Provider assumes no liability for the System's suitability for its intended use.
6.3 The SaaS provider ensures basic information security of the Licensee’s data within the limits determined by the standard conditions.
6.4 The SaaS provider is not responsible for:
6.4.1 For any actions of the Licensee related to the use of the System.
6.4.2 To the Licensee for damages of any kind incurred by the Licensee due to the loss and/or disclosure of his data for accessing the System.
6.4.3 To the Licensee for delays and interruptions in work that occur directly or indirectly due to a cause that is beyond the reasonable control of the SaaS provider.
6.4.4 For the quality of services (in particular data transfer services) required for working with the System, if they are organized by third parties not involved by the SaaS provider.
6.5 The Licensee agrees that:
6.5.1 To work with the System, it is necessary to use software (web browsers, operating systems, etc.) and equipment (personal computers, network equipment, etc.) produced and provided by third parties, and the SaaS provider cannot be held responsible for the quality of their work.
6.5.2 No software is free from errors.
6.5.3 In the event of data loss caused by the Licensee's actions, data recovery is performed upon request to the SaaS provider. Data recovery is performed only if technically feasible.
FORCE MAJEURE
7.1 The Parties shall be released from liability for both partial and complete failure to perform (or improper performance) of their obligations under this Agreement, if such failure to perform (or improper performance) was caused by force majeure circumstances (circumstances beyond their control), namely: natural disasters, fire, flood, explosion, civil unrest, strikes, war, blockade or embargo, actions of the government or other state institutions, as well as other events that the Parties can neither foresee nor prevent and which are beyond the influence of the Parties.
7.2 In the event of force majeure circumstances, the period for fulfilling obligations under the Agreement shall be extended in proportion to the duration of these circumstances.
7.3 If force majeure circumstances last for more than 20 (twenty) days, each Party shall have the right to refuse further performance of its obligations under the Agreement, and in such a case neither Party shall have the right to demand compensation from the other Party for the damage caused.
7.4 A Party that has become unable to fulfill its obligations under the Agreement due to force majeure circumstances must, within two days, notify the other Party of the commencement of these circumstances that prevent the fulfillment of contractual obligations, and also, within two days, notify the other Party of their termination.
ENSURING CONFIDENTIALITY
8.1 Disclosing Party – the Party that discloses confidential information to the other Party.
8.2 Receiving Party – the Party that receives confidential information from the other Party
8.3 The Parties hereby agree that the terms of this Agreement and any information exchanged between the Parties during the conclusion, execution, and termination of the Agreement constitute confidential information. During the term of this Agreement and for three (3) years after its termination, the Receiving Party undertakes not to disclose any confidential information received from the Disclosing Party without the prior written consent of the Disclosing Party. When any confidential information is disclosed to a third party with such consent, the Receiving Party disclosing such confidential information to the third party must ensure that the third party has undertaken to maintain the confidentiality of such information under conditions similar to those set forth in this section of the Agreement.
8.4 The Receiving Party that has received any confidential information, including orally, provided that a written message regarding the confidentiality of such information has been received from the Disclosing Party, must not disclose it and undertakes to handle such information with the same degree of care and prudence that is applied to its information of the same level of importance.
8.5 Information received by the Receiving Party shall not be considered confidential and, accordingly, the Receiving Party shall not have any obligation to maintain confidentiality with respect to such information if it satisfies one of the following characteristics:
8.5.1 the information is publicly known at the time of its disclosure;
8.5.2 the information is provided to the Receiving Party with a written indication that it is not confidential;
8.5.3 the information was obtained from any third party on legal grounds;
8.5.4 information may not be confidential in accordance with international law.
8.6 The Receiving Party has the right to disclose confidential information without the consent of the Disclosing Party:
8.6.1 professional advisers (lawyers, auditors), provided that such persons have undertaken obligations to maintain the confidentiality of the said information under conditions similar to those set out in this section of the Agreement, or are obliged to keep such information secret in accordance with international law;
8.6.2 information must be disclosed in accordance with the law, other regulatory legal act, or judicial act, provided that the Party that received the information from the other Party notifies the other Party of this in advance in writing and with confirmation of the need for such disclosure.
8.7 In the event of a breach of confidentiality by one of the Parties, such Party shall compensate the other Party for actual damages on the basis of a court decision that has entered into force.
DISPUTE RESOLUTION PROCEDURE
9.1 In the event of disputes arising under the terms and conditions provided for in this Agreement or in connection with it, the parties will take all measures to resolve them through negotiations.
9.2 If the parties fail to reach an agreement, such disputes and disagreements shall be resolved in court at the location of the SaaS provider (Kharkiv, Ukraine) in accordance with the procedure established by the current legislation of Ukraine.
9.3 The applicable law under this Agreement is the law of Ukraine.
DURATION OF THE AGREEMENT
10.1 The Agreement shall enter into force from the moment the Licensee fully and unconditionally accepts the Agreement – pays the license fee for the right to use (a simple (non-exclusive) license.
10.2 The term of this Agreement shall be determined by the number of accounting periods. In this case, the term of this Agreement shall be extended in accordance with the procedure provided for in Section 3.4 of this Agreement.
TERMINATION OF THE CONTRACT
11.1 The Parties have the right to terminate this Agreement early by mutual written agreement.
11. 2 If the Licensee violates the terms of this Agreement, the SaaS provider has the right to unilaterally terminate the Agreement, notifying the Party that violated the terms of the Agreement by sending a notice to the Licensee’s email address specified during registration on the website.
11.3 The Licensee has the right to terminate the Agreement unilaterally at any time by notifying the SaaS Provider 15 (fifteen) calendar days prior to the intended termination date. Notification of termination shall be sent electronically to the email address: jumpersys@elbuz.com.
OTHER CONDITIONS
12.1 The Parties agree that, when executing (amending, supplementing, or terminating) this Agreement, the signatures of the Parties' representatives, as well as their seals, may be used by facsimile, mechanical or other copying, electronic digital signature, or other equivalent of the handwritten signature of the organization's directors and seals. The Parties confirm that appendices to the Agreement, signed and executed in the manner specified in this clause, are legally binding and binding on the Parties.
12.2 This Agreement is made in original copies, one for each Party, having equal legal force.
12.3 All appendices, amendments and additions to this Agreement shall be an integral part thereof and shall acquire legal force if they are made in writing and signed by authorized representatives of the Parties.
12.4 The Parties recognize emails with attached copies of documents sent from the email addresses specified in this Agreement as documents equivalent to those posted on paper and signed by the Parties' handwritten signatures. Upon presentation, they will be recognized as written evidence (provided that only the Parties themselves and their authorized representatives have access to the relevant means of communication—the email addresses specified in this Agreement). When presenting evidence, it is sufficient to present a printed email message and the document attached thereto, certified by the signature of the authorized representative and the seal of the Party presenting the evidence. Each Party shall access the email using a password and undertake to maintain its confidentiality. The moment of receipt of an email is the day and time it is sent to either Party.
12.5 Стороны пришли к соглашению о том, что собственноручная подпись, факсимильная подпись, электронная подпись, копия подписи уполномоченного подписывать настоящий Договор лица имеют равную юридическую силу на настоящем Договоре, дополнительных соглашениях и Приложениях к нему, а также документах, имеющих значение для его исполнения, изменения или прекращения (в том числе и Акта предоставления права).
12.6 По договоренности Сторон, настоящий Договор может быть составлен в письменной форме и направлен Лицензиату для подписания по почте или в электронной форме по электронной почте.
12.7 Лицензиат, акцептуя настоящую оферту, выражает свое согласие и дает разрешение на обработку его персональных данных в соответствии с условиями настоящего Договора.
12.8 Стороны ознакомились с текстом данного Договора, его содержание Сторонам понятно.
12.9 Взаимоотношения Сторон, не урегулированные настоящим Договором, регламентируются действующим законодательством Украины и международным законодательством.
12.10 Отмена или признание недействительной части Договора не влечет за собой отмены или признания недействительным Договора в целом.
РЕКВИЗИТЫ
| SaaS-провайдер | |
 ФЛП Шелехань Елена Николаевна Свидетельство о государственной регистрации №10000002596192, ИНН 2853810181. E-mail: jumpersys@elbuz.com Website: https://elbuz.com |