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TERMS OF USE

AGREEMENT TO OUR LEGAL TERMS

Welcome to HighFigure! Looking for top software development companies? Our trusted services offer custom software development with leading experts in full-cycle development. As a customer-focused enterprise, the Company is committed to providing You with top-notch products tailored to meet Your business needs.

I am PE Volkov Oleksii Oleksiovych, identification number: 2868504172, who is registered at: 69097, Ukraine, Zaporizhzhia region, Zaporizhzhia city, Inzhenera Preobrazhenskoho Ave 7 (“Company”, “Highfigure”, “We”, “Us”, “Our”).

We operate the website at the link: https://www.highfigure.net/, and all content contained therein (the “Site“), the mobile application USBoNET (USB Over Network) software product, the download page for which is available at the following link: https://www.highfigure.net/product/usbonet/, and encompasses all elements within the files provided by the Company (the “App“), USBoHUB and the Company’s products that may be made available on the Site, as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).

You can contact Us by email at mailto:support@highfigure.net or by mail to Inzhenera Preobrazhenskoho Ave 7, Zaporizhzhia 69097, Ukraine.

These Legal Terms constitute a legally binding agreement made between the user of the Services, whether personally or on behalf of an entity (“You”, “Your”), and Company concerning Your access to and use of the Services. You agree that by accessing the Services, You have read, understood, and agreed to be bound by all of these Legal Terms. Should You have any questions or concerns regarding these Legal Terms, please don’t hesitate to reach out to Us for clarification using the e-mail address specified above. 

Our Privacy Policy and other relevant policies incorporated herein represent an integral part of these Legal Terms and are integrated into them by reference. You confirm that You have consulted and accepted the terms of Our Privacy Policy, available on https://www.highfigure.net/docs/privacy-policy/.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Please be aware that the Legal Terms do not govern the relationship between Company, as the licensor providing access to the App, and You, as an individual or entity that has granted permission by the Company to use the App. For this purpose, please refer to the END USER LICENSE AGREEMENT at the following link: https://www.highfigure.net/docs/end-user-license-agreement/.

Supplemental terms and conditions or documents that may be posted on the Services 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 Legal Terms from time to time. We will alert You about any changes by updating the “Last updated” date of these Legal Terms, and You waive any right to receive specific notice of each such change. It is Your responsibility to periodically review these Legal Terms 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 Legal Terms by Your continued use of the Services after the date such revised Legal Terms are posted.

By using the Services, You represent, warrant and covenant that: (a) You are at least 18 (eighteen) years old or, if You are a minor over the age of 14 (fourteen), You have obtained the consent of Your parents or guardians to use the Services in accordance with the Legal Terms; (b) Your use of the Services does not violate any applicable law, rule or regulation; (c) all information You provide to Us is true and accurate. 

If We find out that a person who has not reached the age from which it is permitted to access the Services use it without the consent of a legal representative, guardian, or other person authorized to provide such consent, We will take all necessary measures to suspend or restrict access to the Services.

Thank You for choosing Us. We are committed to providing You with a powerful and efficient tool, and We appreciate Your trust in Our products.

We recommend that You print a copy of these Legal Terms for Your records.

TABLE OF CONTENTS

1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. ACCESS TO THE APP
5. PAYMENT AND APP CANCELLATION
6. FREE TRIAL
7. SOFTWARE
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. SERVICES MANAGEMENT
11. PRIVACY POLICY
12. TERM AND TERMINATION
13. GOVERNING LAW
14. DISPUTE RESOLUTION
15. DISCLAIMER
16. LIMITATIONS OF LIABILITY
17. INDEMNIFICATION
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
19. MISCELLANEOUS
20. CONTACT US

1. OUR SERVICES

The information provided when using the Services 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. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property 


We are the owner or the licensee of all intellectual property rights in Our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). The Site, Content, and Marks owned by the Company and/or its lawful owners and are protected by the legislation of Ukraine on intellectual property, as well as by relevant international treaties and conventions, including but not limited to the rules as provided by the Civil Code of Ukraine, Law of Ukraine “On Copyrights and Related Rights”, Bern Convention on Protection of Works of Literature and Art (Paris Act as of 24.07.1971, as amended and restated on 02.10.1979), Universal Copyright Convention, 1952 as well as other international regulations.

The use of the Site is permitted solely within the framework of the proposed functionality. Access to intellectual property objects posted on the Site is provided solely for personal non-commercial use in the form of viewing without the right to reproduce, including the right to copy, download, save such objects to Your device memory, as well as without the right to any other use not provided for by the Legal Terms, including their sale, modification, distribution in whole or in part (elements), etc. 

Any other use of intellectual property objects not provided for by the Legal Terms constitutes a breach of the Legal Terms and may be grounds for holding the infringer liable under the current legislation of Ukraine. 

The use of the Site does not grant You or any third party any rights, titles, or interests in such intellectual property rights. Any intellectual property objects posted on the Site may be removed or modified without Your prior notice. 

If You identify intellectual property objects on the Site that, in Your opinion, have been published unlawfully, You have the right to contact the Company with a request for the removal of such objects using the following email address: support@highfigure.net, providing the necessary legal documents. Following the review of Your request, the Company may remove the specified objects or provide justification for the legitimacy of their publication.

The Content and Marks are provided in or through the Services “AS IS” for Your internal personal purpose only.

Your use of the Services

Subject to Your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, We grant You a  limited, non-exclusive, non-sub-licensable, revocable, non-transferable limited license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which You have properly gained access.

Except as set out in this section or elsewhere in Our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.

If You wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in Our Legal Terms, please address Your request to: support@highfigure.net. If We ever grant You the permission to post, reproduce, or publicly display any part of Our Services or Content, You must identify Us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying Our Content.

We reserve all rights not expressly granted to You in and to the Services, Content, and Marks.

Any breach of these intellectual property rights will constitute a material breach of the Legal Terms, and Your right to use Our Services will terminate immediately.

Your submissions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using Our Services to understand the (a) rights You give Us and (b) obligations You have when You post or upload any content through the Services.

Submissions: By directly sending Us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), You agree to assign to Us all intellectual property rights in such Submission. You agree that We shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You.

You are responsible for what You post or upload: By sending Us Submissions through any part of the Services, You:

  • confirm that You have read and agree with Our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • warrant that any such Submission are original to You or that You have the necessary rights and licenses to submit such Submissions and that You have full authority to grant Us the above-mentioned rights in relation to Your Submissions; and warrant and represent that Your Submissions do not constitute confidential information.

You are solely responsible for Your Submissions and You expressly agree to reimburse Us for any and all losses that We may suffer because of Your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, You represent and warrant that: (1) all registration information You submit will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information as necessary; (3) You have the legal capacity, and You agree to comply with these Legal Terms; (4) You are not a minor in the jurisdiction in which You reside, or if a minor, You have received parental permission to use the Services; (5) You will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) You will not use the Services for any illegal or unauthorized purpose; and (7) Your use of the Services will not violate any applicable law or regulation.

If You provide any information that is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof).

4. ACCESS TO THE APP 

The procedure for obtaining access to the App is regulated by END USER LICENSE AGREEMENT at the following link: https://www.highfigure.net/docs/end-user-license-agreement/.

5. PAYMENT AND APP CANCELLATION 

In order to familiarize Yourself with the payment procedure of the App in detail and its cancellation, please read the following END USER LICENSE AGREEMENT at the link: https://www.highfigure.net/docs/end-user-license-agreement/. 

6. FREE TRIAL

For details on the trial period and other license types of the App, please read the END USER LICENSE AGREEMENT at the following link: https://www.highfigure.net/docs/end-user-license-agreement/.

7. SOFTWARE

We may include software for use in connection with Our Services. If such software is accompanied by an END USER LICENSE AGREEMENT (“EULA”), the terms of the EULA will govern Your use of the software. If such software is not accompanied by a EULA, then We grant to You a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with Our Services and in accordance with these Legal Terms. Any software and any related documentation is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which We make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Us.

As a user of the Services, You agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
  • Trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in Our opinion, Us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of Our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, altars, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person, or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Services to You.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with Us, or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Services to advertise or offer to sell goods and services.
  • Sell or otherwise transfer Your profile.
  • Otherwise violate, or link to material that violates any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in breach of these Legal Terms is strictly prohibited, can result in the immediate revocation of Your limited license under section 2 hereof and may subject You to liability for violations of law. 

The Company retains the sole right to ascertain what behavior it deems to contravene the rules of use or deviate from the intent or essence of these Legal Terms or the Services itself. The Company holds the authority to undertake actions in response, including but not limited to, the termination of the user’s account and the prohibition of the use of the Services, either entirely or partially without prior notice to the user.

9. USER GENERATED CONTRIBUTIONS

The Services do not offer users to submit or post content. We may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions You transmit may be treated in accordance with the Company’s Privacy Policy. When You create or make available any Contributions, You thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Us, the Services, and other users of the Services to use Your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Services and these Legal Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of Your rights to use the Services.

We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area on the Services. You are solely responsible for Your Contributions to the Services and You expressly agree to exonerate Us from any and all responsibility and to refrain from any legal action against Us regarding Your Contributions.

10. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in Our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your Contributions or any portion thereof; (4) in Our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; and (5) otherwise manage the Services in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Services.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at Our sole discretion without notice. However, We have no obligation to update any information on Our Services. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. Furthermore, We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to You. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate Us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

11. PRIVACY POLICY

We care about Your data privacy and security. Please review Our Privacy Policy: https://www.highfigure.net/docs/privacy-policy/. By using the Services, You agree to be bound by the  Privacy Policy, which is incorporated into these Legal Terms. Please be advised the services are hosted in Finland and the United States. 

We will maintain certain data that You transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to Your use of the Services. Although We perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Services. You agree that We shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Us arising from any such loss or corruption of such data.

The Company takes all necessary measures to protect the confidentiality of Your personal data in accordance with the procedure generally used to protect this kind of information in the existing business environment. 

12. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect from the moment You begin using the Site/Services and while You use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Upon termination of the Legal Terms for any reason, Section 2 (INTELLECTUAL PROPERTY RIGHTS), Section 16 (LIMITATION OF LIABILITY), Section 17 (INDEMNIFICATION) will survive.

13. GOVERNING LAW

These Legal Terms shall be governed by and construed in accordance with the laws of Ukraine. The Company  and You irrevocably consent that the courts of Ukraine shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

14. DISPUTE RESOLUTION

All disputes and disagreements that may arise in connection with the Legal Terms shall be resolved by the parties through negotiations in compliance with the pre-trial dispute resolution procedure. The pre-trial dispute resolution procedure is mandatory. All claims, suggestions, and comments shall be considered by the Company in writing and sent to the Company’s e-mail address, namely: support@highfigure.net, within 30 (thirty) days from the date of sending the letter by You.

In case of failure to resolve disputes through negotiations, any disputes, disagreements, or conflicts between the parties regarding any matters arising out of or related to the Legal Terms shall be finally settled in accordance with the applicable laws of Ukraine. 

If a dispute under the Legal Terms or in connection with it arises between the Company and You who is under foreign jurisdiction and/or is a citizen of a foreign country, such dispute shall be finally settled by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules. The arbitral tribunal shall consist of a sole arbitrator. The seat of the Arbitration Court shall be in Kyiv. The language of the arbitration shall be English.

15. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

16. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

To the maximum extent permitted by applicable law, the Company shall not be liable for: (1) the Site’s functionality not meeting user expectations; (2) errors or malfunctions on the Site; (3) typographical errors, inaccuracies, omissions, or other defects in the Content, as well as the timeliness or accuracy of any information contained on the Site; (4) any direct, indirect, incidental, consequential, or incidental damages incurred or that may be incurred by You as a result of the temporary suspension of the Site’s operation; (5) the security of operation and content of third-party websites, links to which may be contained on the Site; (6) damages or harm caused as a result of another User’s breach of the Legal Terms; (7) the absence of proper internet connectivity for You, resulting in difficulties accessing the Site; (8) the accuracy, reliability, or currency of the information provided by You on the Site. 

In addition to any provision to this regard herein, to the fullest extent permitted by law, in no event shall We and Our affiliates (nor Our directors, employees, agents, partners, suppliers, content providers, licensors or resellers) be liable to You and any third party related to You, under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service (i) any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms (however arising, including negligence), (ii) for Your reliance on the Services (iii) for any matter beyond Our or their reasonable control, even if We have been advised of the possibility of any of the aforementioned damages.

We are not responsible for any delays, delivery failures or any other loss or damage resulting to the transfer of data over communications networks and facilities, including the internet, whereas You acknowledge that the Service and any data uploaded by You may be subject to limitations, delays and other problems inherent in the use of such communications. 

In addition, We shall not be liable for any kind of loss or damage You may suffer (a) due to loss or damage to any of You data or personal record and such loss is attributed to technical errors, delays or omissions of the telecommunications networks (b) due to misconduct and misuse of the Services by any authorized User and/or any third party and or any breach of applicable laws by any such party, (c) due to any event, situation, action or omission for which We have provided no guaranties, (d) termination of this Site and any Services provided herein. 

We bear no responsibility for any technical issues You may face during Your connection to the Site and also for any third party’s acts or omissions or third parties’ unauthorized access to any products, data, or information provided in Our Site.

Any information and/or opportunities accessed by users through the use of the Site are used at the user’s own risk, and the user is solely responsible for any consequences of using such information and/or opportunities, including any damages that such use may cause. The Company cannot control and does not monitor Your compliance with the provisions of the Legal Terms, and shall not be liable for any consequences resulting from Your violation of the Legal Terms and/or Ukrainian legislation. The Company shall not be liable for criminal, illegal, negligent acts or omissions of third parties associated with the use of the Site.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of Your representations and warranties set forth in these Legal Terms; (4) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom You connected via the Services. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Accessing the Services, sending Us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

19. MISCELLANEOUS

Entire agreement. These Legal Terms and any policies or operating rules posted by Us on the Site or in respect to the Services constitute the entire agreement and understanding between You and Us. 

Waiver. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. 

Assignment. We may assign any or all of Our rights and obligations to others at any time. 

Severability. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. 

There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against Us by virtue of having drafted them. You hereby waive any and all defenses You may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

20. CONTACT US

If You have any questions, doubts, or suggestions regarding the Legal Terms or Services, You may contact Us for assistance at the following e-mail address: support@highfigure.net or by mail to Inzhenera Preobrazhenskoho Ave 7, Zaporizhzhia 69097, Ukraine

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