1.1. These Terms of Use of the Website and Platform (the “Terms”) govern access to and use of the CostCare AI website, available at costcare.ai (the “Website”), and the CostCare AI software platform, available at app.costcare.ai (the “Platform”), owned by LIMITED LIABILITY COMPANY “MACH GROUP”, Company Identification Code 45164108, operating under the CostCare AI trademark (the “Company”, “we”, “us”).
1.2. By using the Website and/or the Platform, the user confirms that they have read these Terms and agrees to comply with them when using the Website and/or the Platform.
1.3. Access to the Platform may be provided to authorised users upon invitation by the Company and/or a client of the Company, in accordance with the functionality of the Platform.
1.4. The terms governing the provision and use of paid access to the Platform, activation, payment, automatic renewal and cancellation of subscriptions, as well as other terms governing the provision of paid services by the Company, are set out in the Public Offer available on the Website and/or the Platform.
1.5. In the event of any conflict between these Terms and the Public Offer with respect to the provision and use of paid access to the Platform, the provisions of the Public Offer shall prevail.
2.1. The Website is used for:
2.2. Access to the Platform is provided to users, including by sending an invitation to the user’s email address, followed by registration and creation of an account in accordance with the functionality of the Platform.
2.3. The terms governing the provision and use of paid access to the Platform, activation and payment of subscriptions, automatic renewal and cancellation of subscriptions, as well as other terms governing the provision of services by the Company, are set out in the Public Offer.
2.4. Before activating a paid subscription, the user must review the Public Offer. Acceptance of the Public Offer shall be made in the manner specified therein and shall constitute full and unconditional acceptance of its terms.
2.5. Payment for subscriptions and other paid features of the Platform may be processed through third-party payment service providers. The payment procedure, automatic renewal and cancellation of subscriptions, as well as other payment terms, are governed by the Public Offer.
2.6. The Company has the right to amend, supplement and update the information published on the Website in compliance with these Terms, the Public Offer and applicable law.
The user agrees to:
The Website, the Platform, their functionality, materials or information must not be used in any manner that infringes the intellectual property rights of the Company or any third party.
The Company has the right to restrict, suspend or terminate a user’s access to the Website and/or the Platform in the event of a breach of these Terms, the Public Offer or applicable law, subject to the terms and limitations set out in the Public Offer.
All intellectual property associated with the Website and the Platform, including, without limitation, software, source code, algorithms, functionality, interfaces, the structure of the Platform, design, text, graphic elements, databases, logos, trademarks and other materials, constitutes intellectual property owned by the Company and/or is lawfully used by the Company.
The CostCare AI trademark, as well as other designations used on the Website, constitute trade names and/or trademarks that are lawfully used by or belong to the Company.
Providing a user with access to the Website and/or the Platform does not constitute a transfer to the user of any proprietary intellectual property rights in the Website, the Platform or any of their individual elements. The user is granted a limited, non-exclusive and non-transferable right to use the Platform solely within the scope of its intended functionality and in accordance with these Terms and the Public Offer.
Without the Company’s prior written consent, users must not:
In the event of an infringement of the Company’s intellectual property rights, the Company has the right to require the cessation of the infringement, seek compensation for damages and pursue any other remedies available under applicable law.
5.1. The Company takes reasonable measures to ensure that the information published on the Website is current and accurate; however, the Company does not guarantee its absolute accuracy, currency, completeness or absence of errors or inaccuracies.
5.2. The Company has the right to amend, supplement or remove information published on the Website without prior notice to users, unless otherwise provided by these Terms, the Public Offer or applicable law.
5.3. The information published on the Website is provided for general informational purposes only and does not constitute legal, financial, technical or other professional advice, unless expressly stated otherwise.
5.4. The user is responsible for independently evaluating information obtained from the Website and should not rely on such information as the sole basis for making decisions.
5.5. To the extent permitted by applicable law, the Company shall not be liable for any losses or adverse consequences arising from a user’s use of or reliance on information published on the Website, except where such liability cannot be limited or excluded under applicable law.
6.1. The Website and/or the Platform may contain links to third-party websites, services or resources that are not owned or controlled by the Company.
6.2. Such links are provided for users’ convenience only and do not, in themselves, constitute any endorsement, recommendation, warranty or other approval by the Company of the relevant third-party resource, its content, products or services.
6.3. The Company does not control the content, availability, security, policies or activities of third-party resources and, to the extent permitted by applicable law, shall not be liable for their content, operation or the actions of their owners or operators.
6.4. The processing of users’ personal data by operators of third-party resources is governed by their respective terms and privacy policies, unless otherwise required by the nature of the relevant processing or applicable law.
6.5. When accessing a third-party resource, the user should independently review its terms of use and applicable privacy policy.
7.1. To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special or consequential losses or damages, including loss of profits, revenue, business reputation, data or business opportunities, arising out of or in connection with the use of, or inability to use, the Website and/or the Platform.
7.2. To the extent permitted by applicable law, the Company shall not be liable for any losses, damages or adverse consequences caused by:
7.3. Nothing in these Terms shall exclude or limit the Company’s liability in circumstances or to the extent that such liability cannot be excluded or limited under applicable law.
7.4. The Company’s liability in connection with the provision of paid access to the Platform is governed by the Public Offer. In the event of any conflict between this Section and the Public Offer regarding liability in connection with paid services, the provisions of the Public Offer shall prevail.
8.1. To the extent permitted by applicable law, and unless otherwise expressly provided in the Public Offer, the Company does not warrant that the Website and/or the Platform will operate continuously, without errors, technical failures or delays.
8.2. The Company takes reasonable organisational and technical measures to ensure the proper operation and security of the Website and the Platform; however, the Company does not guarantee the complete absence of errors, interruptions, technical failures or other circumstances that may affect their operation.
8.3. The Company does not warrant that the Website and/or the Platform will meet the individual expectations or specific purposes of a user unless such suitability is expressly provided for in the Public Offer or another written agreement with the Company.
8.4. The terms governing the operation, availability and other characteristics of paid access to the Platform are set out in the Public Offer.
9.1. The processing of users’ personal data in connection with the use of the Website and/or the Platform is carried out in accordance with the Company’s Privacy Policy and the requirements of applicable data protection law.
9.2. Where provided for by applicable law, certain personal data of users may be processed by third-party service providers, including payment and other technology providers, depending on the nature of the relevant processing, in accordance with applicable law and, where applicable, their respective terms and privacy policies.
9.3. Information regarding the categories of personal data, the purposes and legal bases for processing, retention periods, disclosure to third parties, international transfers of personal data and the rights of data subjects is set out in the Company’s Privacy Policy.
9.4. By using the Website and/or the Platform, the user confirms that they have had the opportunity to review the Company’s Privacy Policy.
10.1. The Company has the right to amend or supplement these Terms from time to time, including in connection with changes to the functionality of the Website and/or the Platform, the manner in which they are used, applicable legal requirements or the interpretation or application of such requirements.
10.2. The current version of these Terms is made available on the Website and/or the Platform and indicates the date of the latest update.
10.3. Changes shall take effect upon publication of the updated version of these Terms, unless a different effective date is expressly specified in the relevant version or required by applicable law.
10.4. Where material changes are made that significantly affect users’ rights or obligations, the Company shall take reasonable measures to notify users of such changes in the circumstances and manner required by applicable law and/or the Public Offer.
10.5. Changes relating to paid access to the Platform and the provision of paid services are governed by the Public Offer. In the event of any conflict, the provisions of the Public Offer shall prevail.
11.1. These Terms shall be governed by and construed in accordance with the laws of Ukraine, without prejudice to any mandatory provisions of other applicable law that cannot lawfully be excluded by agreement between the parties.
11.2. The parties shall endeavour to resolve any disputes arising out of or in connection with these Terms or the use of the Website and/or the Platform through negotiations.
11.3. If a dispute cannot be resolved through negotiations, it shall be submitted to a competent court in accordance with the applicable rules of jurisdiction and venue.
11.4. Nothing in this Section shall restrict any person’s right to apply to a competent court or other competent authority where such right is guaranteed by mandatory provisions of applicable law.
12.1. For any questions relating to the use of the Website and/or the Platform, these Terms, the processing of personal data, the exercise of data subject rights or requests for additional information, users may contact the Company using the following details:
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