Legal

Terms of Service

The User Agreement governing the use of the Measurme service.

User Agreement

Preamble

This User Agreement (hereinafter — the “Agreement” or “User Agreement”) governs the procedure for Users’ use of the “Measurme” Service. The Agreement is based on the provisions of such regulatory legal acts of Ukraine as: the Constitution of Ukraine, the Civil Code of Ukraine, the Commercial Code of Ukraine, the Laws of Ukraine “On the Protection of Consumer Rights,” “On Advertising,” “On Electronic Commerce,” “On Electronic Documents and Electronic Document Management,” “On the Protection of Information in Information and Telecommunications Systems,” “On Telecommunications,” “On Electronic Trust Services,” “On Payment Systems and Funds Transfer in Ukraine,” “On the Protection of Personal Data,” “On Copyright and Related Rights,” “On the Protection of Rights to Marks for Goods and Services,” the international treaties of Ukraine the binding nature of which has been approved by the Verkhovna Rada of Ukraine, and the provisions of other regulatory legal acts of Ukraine.

1. General provisions

1.1. The text set out below is a public offer agreement in accordance with Articles 633 and 641 of the Civil Code of Ukraine. The agreement of the LIMITED LIABILITY COMPANY “EUDAIMONIA,” represented by its director Nazar Volodymyrovych Burban, acting on the basis of the Charter (hereinafter — the “Provider”), may be concluded with any individual who has reached 18 years of age, has full civil legal capacity, and has expressed their genuine intention to use the services provided by the Provider’s Service.

1.2. Upon acceptance of the terms of this Agreement and commencement of use of the Service, such an individual becomes a User.

1.3. An individual who has registered and begun to use the functionality of the Service is deemed to have fully agreed to the terms of this Agreement. Such an individual is deemed to be familiar with the terms of the Agreement and to be a party to the contractual relations governed by this Agreement.

1.4. The Provider reserves the right to unilaterally make changes to this Agreement, subject to its prior publication on the website: measurme.com.

2. Concepts and definitions

2.1. “Service” means the “Measurme” service, which is an information system and software (applications) created to conclude and provide services between Psychotherapists and Users.

2.2. LIMITED LIABILITY COMPANY “EUDAIMONIA” (above and hereinafter — “LLC EUDAIMONIA,” the “Provider”). LLC “EUDAIMONIA” (EDRPOU code 44308450), located at: Ukraine, 79034, Lviv region, city of Lviv, Kamianetska Street, building 38a, 3.

2.3. User — any individual who has reached 18 years of age, has full civil legal capacity, has registered (created a Profile) and uses the “Measurme” Service, and has agreed to the terms of the User Agreement and its integral annexes.

An individual who has not reached the required age undertakes to refrain from using the Service. Otherwise, responsibility for the violation of the terms of the Agreement by an individual who has not reached the required age rests with their parents, adoptive parents, guardians, custodians, or other legal representatives in accordance with the applicable legislation of Ukraine.

2.4. Psychotherapist — a type of User with a special status determined by the functionality of the Service.

2.5. Profile — the User’s account, which includes information about the User or Psychotherapist provided by them when completing the Service fields, allowing the User or Psychotherapist to be unambiguously identified in the course of their use of the Service.

3. Subject of the agreement

3.1. The subject of the Agreement consists in the Provider granting the User the technical possibility of access to the functional capabilities of the Service. The functional capabilities of the Service are aimed at intermediation between the User and the Psychotherapist.

3.2. The functional capabilities of the Service provided by the Provider are limited to the following:

  1. maintaining and storing data about patients;
  2. providing access to and storing patient data;
  3. conducting and sending questionnaires;
  4. building analytical charts.

3.3. The Provider is in no way involved in providing any medical services or in prescribing medical preparations. The Provider is in no way involved in medical treatment or any other medical practice.

3.4. The User fully acknowledges that under no circumstances can the Provider bear, and the Provider does not bear, responsibility for the outcome of the services provided by the Psychotherapist.

3.5. The User fully acknowledges that the Provider may at any time refuse to grant access to the Service in the event of the User’s violation of the terms of this Agreement, as well as in any other cases, including without explanation of reasons.

3.6. The Service is provided “as is” and “as available,” that is, without any express or implied representations or warranties. The Provider does not guarantee and makes no representations regarding the security of the Service. The User confirms that any information transmitted by means of the Service may be intercepted during transmission or otherwise. The Provider does not guarantee that the Service is free of viruses and other harmful elements. Use of the Service is carried out by the User at their own decision and at their own risk, on the condition that the User bears sole responsibility for any damage caused to the User’s computer system, for the loss of data, or for any other harm caused as a result of such activity.

4. Rights and obligations of the parties

4.1. The Provider is obliged to:

  1. provide access to the functional capabilities of the Service after the relevant registration actions on the Service have been performed;
  2. provide consultations and clarifications regarding the operation of the Service;
  3. provide consultations and clarifications regarding new capabilities and functionality of the Service;
  4. eliminate malfunctions of the Service as soon as possible.

4.2. The Provider has the right to:

  1. determine the functional capabilities of the Service;
  2. add new functional capabilities of the Service;
  3. determine the scope of information that must be completed in the User’s Profile;
  4. prohibit the use of certain logins and block access to the Service using them;
  5. at its own discretion and without special notice or warning, restrict the User’s access to the Service;
  6. carry out news mailings to Users from LLC “EUDAIMONIA,” including advertising and other information, including commercial electronic messages;
  7. terminate the Agreement in the event of the User’s failure to comply with the terms of the Agreement.

4.3. The User is obliged to:

  1. provide in full the mandatory information determined by the Provider when completing the User’s Profile;
  2. use the Service only for personal purposes;
  3. not distribute, copy, or disseminate any content of the Service;
  4. not in any way disrupt the normal functioning of the Service;
  5. not place any advertising messages or solicitations on the Service;
  6. not transfer the Login and Password to third parties;
  7. not use the Service for any kind of propaganda or incitement of hostility;
  8. not engage in rudeness toward other Users.

4.4. The User has the right to:

  1. use the functional capabilities of the Service;
  2. receive consultations and relevant clarifications regarding the functional capabilities of the Service;
  3. demand the prompt elimination of malfunctions of the Service.

5. Registration and payment for services

5.1. To obtain access to the Service, the User registers a Profile in the Service. Registration of Users is free of charge.

5.2. Registration is a voluntary action by the User to accept the terms of the Agreement.

When registering on the Service, the User is obliged to complete the following fields:

  • surname and first name;
  • telephone number;
  • contact email.

3.4. Logging into the Profile after registration actions is carried out by way of authorisation.

3.5. Changing the password and registration data, and adding other information about the User, including personal data, is possible in the Profile after registration.

3.6. The User bears full responsibility for the security of their identification data, in particular for the absence of access to them by third parties. All actions in the Service performed under the User’s Profile are deemed to have been performed by the User.

3.7. The User has the right to cease use of the Service and to abandon the Profile they have created.

3.8. The User’s use of the Service, or of any of its services, constitutes the User’s unconditional consent to all clauses of the Agreement. Should the User disagree with any of the terms of this Agreement, the User is obliged to refrain from further use of the Service.

3.9. The User’s registration in the information system of LLC “EUDAIMONIA” constitutes their consent to the use and processing of their personal data and the performance of other actions provided for by the Law of Ukraine “On the Protection of Personal Data” in accordance with the purposes.

5.1. The User does not pay for obtaining access to the Service; however, some functions of the Service may be paid. Payment by the User for such functions is made through the payment systems offered on the Service.

6. Intellectual property

6.1. Intellectual property means the results of intellectual, creative activity, namely: objects of copyright; objects of related rights; objects of industrial property rights; means of individualisation, including but not limited to trademarks, know-how, company (commercial) names, inventions, utility models, industrial designs, program code, audiovisual effects, design themes, artistic design, graphic images, sound effects, musical works (with and without lyrics), whether registered or unregistered, as well as all annexes, additions, and modifications thereto; intellectual property rights belonging to LLC “EUDAIMONIA.”

6.2. All intellectual property rights to use the Service belong to LLC “EUDAIMONIA.”

6.3. The User has no right to reproduce the Service (including copying/downloading) in the memory of users’ electronic devices, to sell, otherwise alienate, publicly display, publicly perform, publicly communicate, or make available to the public, nor any right to other use of the said results of intellectual activity not defined in this Agreement, including their sale, modification, distribution in whole or in part, and so on.

6.4. All rights not expressly defined within this Agreement are deemed not to be granted to the User.

6.5. LLC “EUDAIMONIA” reserves all rights, ownership, and exclusive intellectual property rights to the Intellectual Property belonging to LLC “EUDAIMONIA,” including all copyrights, rights to trademarks, know-how, company (commercial) names, patents, program code, audiovisual effects, design themes, artistic design, graphic images, sound effects, musical works whether registered or unregistered, as well as all annexes, additions, and modifications thereto — unless otherwise expressly permitted by the terms defined by the provisions of Ukrainian legislation.

6.6. LLC “EUDAIMONIA” reserves the right to block any information posted by the User that violates the intellectual, exclusive, and/or personal non-property rights of third parties, including copyright and related rights, at the request of the rights holder or without such a request.

7. Prohibitions on the use of the Service

7.1. The User is prohibited from:

7.1.1. Impeding the operation of the Service in any way, including creating, distributing, or using computer programs or other computer information intended for the unauthorised destruction, blocking, modification, or copying of computer information or the neutralisation of computer information protection tools, as well as intended to disrupt, destroy, or limit the functionality of any computer or telecommunications equipment or programs (computer viruses), to carry out unauthorised access, as well as serial numbers for commercial software products and programs for generating them, logins, passwords, and other means for obtaining unauthorised access to the Service, as well as posting links to the aforementioned information.

7.1.2. Selling, otherwise alienating, or transferring the Profile for use by third parties. Granting third parties access to the Profile is a gross violation of the Agreement. LLC “EUDAIMONIA” reserves the right, without warning, to block such a User Profile or apply other methods in order to prevent the unauthorised transfer of access to the Profile to other Users or third parties.

7.1.3. Committing or allowing the commission of criminal acts prosecuted in accordance with the legislation of Ukraine.

7.1.4. Uploading, storing, using, or transmitting any information that violates the intellectual property rights of third parties.

7.1.5. Impersonating another person or a representative of an organisation and/or community, as well as misleading other Users.

7.1.6. Collecting and storing information about other Users outside the Service, manually or in an automated manner.

7.2. When using the Service, the User undertakes not to violate its information security, namely not to perform the following actions:

  1. not to attempt to test the vulnerability of the Service’s security systems or to disrupt the registration procedures in the Service;
  2. not to attempt to create obstacles to the use of the Service by other Users, including the distribution of computer viruses, corruption of data, the persistent sending of repeated information, the simultaneous sending of a large amount of email and/or requests to the Service with the aim of deliberately disabling the site/Service server, and other actions that go beyond the normal intended use of the Service and are capable of intentionally or negligently causing failures in its operation;
  3. not to send Users of the Service materials to which they have not given their consent, or any letters and advertising without the permission of LLC “EUDAIMONIA”;
  4. not to imitate and/or forge any TCP/IP packet header or any part of a header in any email or material posted on the Service;
  5. not to use or attempt to use any software or procedures for navigation or search in the Service, other than the search engine built into the System and traditional, publicly available browsers.

7.3. Violation of the provisions of clauses 7.1 – 7.3 of this Agreement is grounds for LLC “EUDAIMONIA” to unilaterally refuse its further performance without compensating the User for the prepaid cost of services under prepayment terms.

8. Force majeure

8.1. In the event of force majeure circumstances, the parties are released from liability for the partial or full non-performance of the obligations provided for by this Agreement. For the purposes of this agreement, force majeure circumstances mean events of an extraordinary, unforeseen nature that preclude or objectively hinder the performance of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.

8.2. The Party affected by force majeure circumstances must, within three (3) business days, notify the other Party in writing, as far as possible and as soon as possible, providing confirmation of the existence of the force majeure circumstances issued by the competent state authority.

8.3. In the event of force majeure circumstances, the period for the Parties’ performance of their obligations under this Agreement is extended in proportion to the duration of such circumstances.

9. Liability of the parties

9.1. LLC “EUDAIMONIA” bears no liability in the event of direct or indirect financial or other losses of Users caused by temporary interruptions in the operation of the Service for the following reasons: scheduled or unscheduled technical and maintenance work, technical failures of internet providers, computer networks, servers, and facilities, as well as unlawful actions of third parties, intentional or unintentional (including negligent) actions of the User themselves, and/or force majeure circumstances. At the same time, LLC “EUDAIMONIA” undertakes to make every effort to restore the operability of the Service as soon as possible.

9.2. Under no circumstances does LLC “EUDAIMONIA” bear liability for the violation of the intellectual property rights of third parties if such violation was caused by the creation, uploading, posting, copying, or modification of information, materials, or images in the Service performed by Users of the Service.

9.3. In the event that any claims, lawsuits, or any other demands related to the use of the Service by the User or by a third party from the User’s account are brought against LLC “EUDAIMONIA,” the User is obliged to settle the aforementioned claims/lawsuits/demands by their own efforts and at their own expense and to compensate in full all costs and losses incurred by LLC “EUDAIMONIA.”

9.4. LLC “EUDAIMONIA” has the right at any time, at its own discretion, to suspend, restrict, or terminate the User’s access to the Service, including but not limited to in the event of the User’s violation of this Agreement or of the applicable legislation governing the Agreement, as well as where LLC “EUDAIMONIA” has grounds to consider the User’s actions to be in bad faith and aimed at disrupting the operability of the Service.

9.5. Under no circumstances does LLC “EUDAIMONIA” bear liability for the violation of the requirements of legislation governing the procedure for processing personal data, if such violation occurred as a result of a violation, by Users or by third parties to whom personal data were transferred with the consent of the User and/or their legal representative, of the requirements of legislation and the terms of this Agreement.

9.6. This limitation of liability is to be applied to the maximum extent permitted by law. This limitation of liability does not apply solely in cases where any specific condition limiting liability is expressly prohibited by the terms defined by legislation. In such cases, the other provisions of this Agreement remain valid and the Parties undertake to implement them to the maximum possible extent, as well as to replace provisions that contradict the mandatory norms of the applicable legislation with provisions as close to them in meaning as possible and permissible under the law applicable to this Agreement.

9.7. The use of the services provided by LLC “EUDAIMONIA” takes place at the User’s own risk. The User bears full responsibility for any harm caused to themselves.

9.8. The User is responsible for all costs and losses incurred by LLC “EUDAIMONIA” in the event of the User’s failure to comply with contractual obligations, including those defined in the preceding clauses and relating to information obligations.

9.9. The User understands and agrees that the maximum possible liability of LLC “EUDAIMONIA” to them cannot exceed one thousand hryvnias.

10. Protection of personal data

10.1. Matters of protection of Users’ personal data are governed by the Policy on the Processing and Protection of Personal Data on the “Measurme” service.

11. Final provisions

11.1. LLC “EUDAIMONIA” reserves the right to immediately, without prior warning to the User, restrict or block access to the Service or take other measures in respect of a User who has violated the terms of this Agreement.

11.2. By registering in the Service, the User confirms their agreement with all provisions, as well as their compliance with all the conditions reflected in the registration forms and necessary for successful registration.

11.3. This Agreement may be terminated by LLC “EUDAIMONIA” unilaterally in the event of the User’s violation of its terms and provisions. In this case, the User is obliged to immediately cease access to the Service.

11.4. Matters not governed by this Agreement are regulated in accordance with the applicable legislation of Ukraine.

11.5. All disputes and disagreements arising out of or in connection with the Agreement are resolved, as far as possible, through negotiations between the parties.

11.6. The relations of the Parties under this Agreement are governed by the legislation of Ukraine.

11.7. The Parties have no accompanying oral and/or written arrangements. The content of the text of this Agreement fully corresponds to the genuine intentions of the Parties.

11.8. A court’s finding that individual provisions of this User Agreement are invalid / do not comply with the provisions of Ukrainian legislation does not mean that it is invalid as a whole.