Terms and Conditions
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and PE Pirozhenko IS (Solo Entrepreneur) (“we,” “us” or “our”), concerning your access to and use of www.perfectwiki.xyz and/or www.perfectwikiforteams.com website as well as any other media form, media channel, mobile Web Site or mobile/desktop/cloud application related, linked, or otherwise connected thereto (collectively, the “Web Site”).
You agree that by accessing the Web Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Web Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Web Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Web Site after the date such revised Terms and Conditions are posted.
The information provided on the Web Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
- Ilia Pirozhenko service is offered through the URL www.perfectwiki.xyz and/or www.perfectwikiforteams.com (the “Website”) and/or “Perfect Wiki” application.
- Subject to the terms and conditions in the Agreement, during the Agreement Term, Ilia Pirozhenko hereby grants you limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable rights to access and use the Services solely for your internal business purposes. You agree your subscription to access and use the Services is not contingent on delivery of any future functionality or features or the delivery of any other services.
- In order to use our Service, you must (i) be at least eighteen (18) years old and able to enter into contracts; (ii) complete the registration process; (iii) agree to the terms and conditions set forth in the Agreement; and (iv) provide true, complete, and up to date legal and contact information. If you sign up for Ilia Pirozhenko on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
- Agreement Term
- The term of the Agreement (the “Agreement Term”) begins when you sign up for Ilia Pirozhenko or first use the Services and continues as long as you use the Services.
- Account and Password
- The Services are provided to Customer via a dedicated account on the Website, pursuant to which Customer will create a unique user-id and password.
- You are responsible for keeping your user-id and password confidential. You are also responsible for any use of any account that you have access to, whether or not you authorized the use. You will immediately notify us of any unauthorized use of your accounts.
- You are solely responsible for any losses, damages, fees or liability due to your lost, stolen, hacked or otherwise compromised user-ids and passwords.
- We don’t have access to your current password.
- Fees and Payments
- We provide paid services on a per account basis.
- All charges for the paid services (“Charges”) are posted on the Website, or otherwise set forth in the Agreement. You agree to pay for paid services according to these Terms. Charges paid by Customer are non-refundable.
- The Services are a prepaid subscription service with monthly (30 days) or annual (365 days) payments.
- Except to the extent otherwise set forth in an Order Form, the subscription automatically renews at the end of the paid period unless explicitly canceled before the start of the new billing period.
- In case of an unsuccessful charge to credit card, we will automatically suspend paid features of your plan until your payment can be processed.
- As long as you are using paid services, you will provide Ilia Pirozhenko’s third party payment processor with valid credit card information and authorize us to deduct the monthly charges against that credit card. You will replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, our third party payment processor is unable to process your credit card order, we will try to charge 3 more times in the next few days. Consecutive charge retries does not change and/or extend your monthly or annual renewal date.
- We may introduce new or cancel existing paid services and features at any time and change pricing from time to time. You will be informed about any of the changes at least one month in advance via email and/or on our Website.
- All prices for Services are calculated in your local currency and your credit card will be charged in your local currency.
- You are responsible for any taxes imposed on the Services except in cases where legislation requires us or our payment provider FastSpring to collect taxes.
- Reselling of the Services to third parties is permitted only if you sign a specific agreement with Ilia Pirozhenko.
- Contractual Partner and Scope of Application
- The Licensor is Ilia Pirozhenko (hereinafter referred to as the "Licensor"). The subject of the license is the use of the Perfect Wiki Service, which enables browser-based online access to works of Ilia Pirozhenko (hereinafter referred to as the "Content").
- The business relationship between the Licensor and the Licensee shall be governed exclusively by the following provisions and the provisions of the License Agreement. Any individual agreements of the parties shall always take precedence. Deviating, conflicting or supplementary contractual terms and conditions of the Licensee shall not apply and shall not become part of the contract unless the Licensor has expressly agreed to them. This shall also apply in the event that Perfect Wiki does not object to the validity of deviating or supplementary provisions of the Licensee.
- The Licensor shall be entitled to amend the contents of these License Terms with the Licensee's consent, provided that the amendment is reasonable for the Licensee, taking into account the interests of the Licensor. Consent to the amendment of the terms and conditions of the License shall be deemed to have been granted unless the Licensee objects to the amendment within six weeks of receipt of the notice of amendment. The Licensor undertakes to inform the Licensee of the consequences of failure to object when notifying the Licensee of the change.
- Rights of Use
- The Licensor grants the Licensee the non-exclusive, non-transferable and non-sublicensable right to access the contents via the Perfect Wiki Service in accordance with these LICENSE TERMS and to use the Perfect Wiki Service for this purpose for the duration of the agreed term of the license.
- The Licensor reserves the right to withdraw individual contents, in particular if the Licensor no longer has the necessary rights or if there is a reasonable suspicion that such contents infringe the rights of third parties or are unlawful for any other reason.
- The use or exploitation of the contents, in whole or in part, by sale to third parties, renting, leasing, lending or in any other way for commercial or industrial purposes is prohibited.
- Access Authorization and Restrictions of Use
- The Licensee acknowledges that the contractual content of the Perfect Wiki Service is protected by copyright. This applies not only to the content works themselves, but also to the databases, database works and other copyrightable elements to which the Licensee and its users have access.
- The authorization to access the Licensed Content is limited to the IP address(es) reported to the Licensor. Insofar as other, state-of-the-art secure authentication procedures are to be used, this is also possible after consultation with the Licensor.
- Users are permitted to use the licensed content via computer workstations on the Licensee's physical premises or via a secure network of the Licensee. Included is the right to enable access also by means of a secured remote access, provided this is explicitly agreed in the license agreement. Otherwise, access to the licensed content shall be permitted exclusively on the Licensee's physical premises.
- Public reproduction or other making available of the Licensed Content to members of the public is prohibited.
- Authorized Users may use the Licensed Content solely to the extent necessary for their own use or for educational, teaching or research purposes. Authorized users may browse the content and make individual printouts or digital copies of individual articles or chapters.
- The creation of temporary local digital copies, which are merely temporary and are an integral and essential part of a purely technological process (caching) and whose sole purpose is to enable the Licensee and its Authorized Users to use the Content in accordance with the Agreement, is permitted, provided that they do not have any independent economic significance in this respect.
- Insofar as the Licensee and Authorized Users use parts of the Content to provide materials for use within the Licensee's institution, this shall be permitted, provided that the Content is given full credit and its content is not modified. This permission does not apply to materials that are equivalent in scope to an encyclopedic offering, or for which payment is charged, or for other commercial purposes.
- The participation and provision of content, in whole or in part, in or for paid document delivery services is not permitted.
- It is not permitted to reproduce the contents, in whole or in part, on permanent data carriers or to pass them on to third parties. Likewise, the Licensee and its authorized users are not permitted to use the content, in whole or in part, to build systematic collections or in a retrieval system and/or to translate it into other data formats and/or to store it permanently, unless this is possible through a function within the Perfect Wiki Service. The same applies in the event that the Licensee or its authorized users avail themselves of the assistance of third parties. The above provision does not constitute a restriction of mandatory legal provisions in favor of the Licensee. However, small parts of the Licensed Content may be printed for Licensee's own purposes and used within Licensee's institution without permission in accordance with this agreement.
- Licensee and its Authorized Users are prohibited from continuously and automatically searching, indexing or retrieving the Content by means of robots, spiders, crawlers or other automated download programs or other tools (such as by systematic downloads or the use of retrieval software).
- The Licensee and its users are prohibited from removing, altering or suppressing author names, copyright notices as well as references to legally protected marks (such as brand names and company trademarks), logos and other identification or copyright-relevant notices as well as disclaimers, reservations of rights, etc. The Licensee is also prohibited from removing, altering or suppressing copyright notices.
- Availability, Maintenance, Misuse
- The contents licensed by the Licensee shall be provided by the Licensor on a browser-based basis via the Internet. The Licensor shall ensure access to the Perfect Wiki Service at reasonable expense for the term of the Agreement and that the server capacity and bandwidth provided are sufficient to guarantee use of the content in accordance with the Agreement. The benchmark for this shall be offers of a comparable type and size.
- Maintenance work and care measures may lead to temporary restrictions in the availability of the contents. The Licensor shall carry out such necessary work as quickly and smoothly as possible.
- The Licensee itself is responsible for the connection to the Internet and a correspondingly sufficient bandwidth for its use.
- The Licensee is obliged to provide the information required for use truthfully, completely and up-to-date and to keep it up to date. Furthermore, the Licensee shall ensure that the access data is kept secret and shall inform the Licensor immediately in the event of loss or suspected unauthorized use of the access data by unauthorized third parties. In this respect, the Licensee shall be liable for any individual misuse of his access data for which he is responsible. The Licensor shall only be liable for damages incurred by the Licensee as a result of the misuse or loss of access data if the Licensor is at fault.
- In order to detect any use or misuse in breach of the contract, the Licensor shall be entitled to monitor and log access to the content and use of the Perfect Wiki Service.
- In the event that the Licensor becomes aware of any unauthorized or improper use of its content, the Licensor shall notify the Licensee without delay or, in the event of suspicion, inform the Licensee thereof and set a reasonable deadline for remedial action. After unsuccessful expiry of the deadline, the Licensor shall be entitled, exercising due discretion, to block access either in its entirety or the contractually agreed access until the suspicion has been dispelled or the improper or unauthorized use has ceased.
- The Licensee shall not be liable if it has done everything it considers necessary to prevent use by authorized users or third parties in breach of the contract.
- Warranty and Service Disruption
- Disruptions to the availability of access to the Perfect Wiki Service shall only entitle the Licensee to assert claims if these disruptions go significantly beyond a level that can still be tolerated and the Licensee has unsuccessfully requested the Licensor in writing to remedy the disruption within a reasonable period for this reason. Any claims for damages and reimbursement of expenses shall be governed by these terms and conditions, which are conclusive in this respect.
- The contracting party shall notify defects in quality and defects in title without delay. The defect shall be described as precisely as possible and all information and documents required to remedy the defect shall be provided. The Licensor shall first be given the opportunity to remedy the defect by subsequent performance within a reasonable period of time. Claims for the elimination of only insignificant material defects and defects of title which do not impair the purpose of use shall be excluded. Defects which are of a technical nature and lie outside the Licensor's sphere of influence (e.g. malfunctions of public transmission lines) shall not constitute defects.
- The limitation period for material defects and defects of title that are not based on intent shall be one year, calculated from the statutory commencement of the limitation period. Otherwise, the statutory provisions on the statute of limitations shall apply.
- Representations in marketing materials, performance descriptions, etc. do not constitute guarantees. The prerequisite for a guarantee is an express written confirmation by the licensor.
- Unless a guarantee has been given, the liability of the parties in the event of a breach of obligations other than material contractual obligations (cardinal obligations) shall be limited to intent and gross negligence if and to the extent that no bodily injury is involved. Liability for breach of material contractual obligations shall be limited to the amount of damage typically foreseeable at the time of conclusion of the contract.
- In the event of personal injury and within the scope of application of product liability law, liability shall not be limited.
- The above limitations of liability shall also apply in the event of breaches of duty by the legal representatives or executive employees and any vicarious agents of the parties.
- The parties shall not be liable for delay or defects for which they are not responsible (force majeure). In this case, the respective party shall be entitled to suspend the performance of services for a reasonable period of time.
- The parties mutually ensure compliance with all provisions under multimedia law, in particular the General Data Protection Regulation (GDPR) and in this respect release each other from any liability. In the event of claims by third parties, the respective party shall be solely and exclusively liable within the scope of the contractual services provided by it and undertakes to indemnify them.
- Claims for damages and reimbursement of expenses of the contractual partner shall become time-barred within the statutory warranty periods from the beginning of the statutory period.
- The Licensor shall use the effort and care customary in the industry to compile, process and present the content made available via the Perfect Wiki Service in accordance with the current state of scientific knowledge. However, despite careful content collection, processing, checking and correction, errors cannot be ruled out. Insofar as this is compatible with product liability law, in particular the Product Liability Act, the Licensor therefore assumes no warranty or liability - except in the case of intent - for the correctness, completeness and up-to-dateness of the content and for any damage incurred directly or indirectly in any way by the contractual partner or authorized users from the use of the content.
- The contents of the Perfect Wiki Service contain links to third-party web sites. It is not possible for the Licensor to constantly check the legal harmlessness of such links and to influence their content. The Licensor does not adopt this content as its own and is not responsible for its content or technical quality.
- Unless we expressly agree otherwise in the Agreement, all Software (as defined below), the Services, and all intellectual property rights associated with the Software and Services, are the sole and exclusive property of Ilia Pirozhenko. Subject to your full and complete payment of all amounts due to Ilia Pirozhenko therefor, to the extent Ilia Pirozhenko provides you or your end users with visual, textual, and/or interactive works or materials, in any form, as part of the Services (individually and collectively, the “Ilia Pirozhenko Content”), Ilia Pirozhenko grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, limited license to use the Ilia Pirozhenko Content solely in connection with your use of the Services. You agree not to use, copy, remove, publish, distribute, perform or display any Ilia Pirozhenko Content, or any portion thereof, in any other context or website or in connection with any other service. Except for the license granted, this is an agreement for services and you are not granted any licenses under the Agreement. You will not take any actions inconsistent with our ownership of each of our rights in the Software and the Ilia Pirozhenko Content.
- In connection with the rights and licenses granted by Ilia Pirozhenko under the Agreement, Ilia Pirozhenko may provide you with user manuals, reference manuals, (collectively, the “Documentation”). Ilia Pirozhenko is the sole and exclusive owner of all right, title and interest in and to the Documentation and all of the intellectual property rights associated with the Documentation.
- You agree you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, Documentation, Ilia Pirozhenko Content or data related to the Services (“Software”); (ii) remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof; (iii) modify, translate, or create derivative works based on the Services or any Software; (iv) copy, sell, license, sublicense, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services, the Ilia Pirozhenko Content, or any Software; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; (vii) perform or publish any performance or benchmark tests or analyses relating to the Services or the use thereof; (viii) upload, link to or post any portion of the Software and/or the Ilia Pirozhenko Content on a bulletin board, intranet, extranet or website; (ix) use or distribute the Software and/or the Ilia Pirozhenko Content in violation of any applicable laws, regulations or export restrictions; (x) possess or use the Software in any format other than machine-readable format; (xi) use the licenses and rights granted under the Agreement to design, develop or distribute a commercial product or service that competes with the Services; (xii) circumvent or attempt to circumvent any technological measures designed to enforce certain limitations or instructions with respect to your use of the Services; (xiii) use the Services to send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; or (xiv) allow third parties to gain access to the Services or to otherwise use the Services in any manner other than as expressly permitted in this Agreement. Ilia Pirozhenko reserves all rights in the Services not explicitly granted herein. If Customer uses the Services in any country within the European Union, the prohibitions set forth herein will not affect Customer’s rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
- You acknowledge and agree that the Services, the Software, the Company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Software or the Services, are the property of the Company or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Ilia Pirozhenko or by other parties that have licensed their material to Ilia Pirozhenko. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Ilia Pirozhenko. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All ownership rights remain in Ilia Pirozhenko or its third party suppliers, as the case may be.
- You acknowledge and agree that any comments, ideas and/or reports provided to Ilia Pirozhenko (“Feedback”) shall be the property of Ilia Pirozhenko and you hereby irrevocably transfer and assign to Ilia Pirozhenko such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
- No Waiver
- In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
- In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Law and Jurisdiction
- These terms and conditions and the relationship between you and Ilia Pirozhenko shall be governed by and construed in accordance with the Law of Georgia and Ilia Pirozhenko and you agree to submit to the exclusive jurisdiction of the Courts of Tbilisi.