ARena Platform Public Offer Agreement
Kyiv, UkraineJanuary 3, 2020
1. Terms and definitions
The Contractor means an individual entrepreneur VOLODYMYR KOCHEVYKH, a legal entity registered under the applicable laws of Ukraine, with its registered office at 03039, Kyiv, Holosiivskiy prospect 15, 26. The Contractor shall render the Services to the Clients according to the terms and conditions of this Public Offer Agreement (hereinafter referred to as the “Agreement”), being an owner of the Platform by virtue of the Copyright.
The Client means any legal entity or individual receiving the Services under this Agreement, that had consented in advance with the terms and conditions hereof, having access to the Platform, using the username and the password in line with the selected Tariff Plan.
User means any third party (a legal entity or individual) obtaining access to the Client’s Property via the Mobile application.
Platform means ARena software product, as owned by the Contractor by virtue of the copyright and hosted by the server hardware leased by the Contractor. The platform is earmarked for registration of the Clients’ profiles with subsequent uploading the Objects thereto to enable the Users’ access thereto employing the Mobile Application.
Mobile applications mean dedicated software earmarked for installation on the mobile devices with iOS and Android operational systems, publicly available for free downloading from AppStore and Play Market.
Object means the Client’s or the third party’s computer 3D-model, as uploaded by the Client to the platform. The mandatory attributes of the objects include relevant .mtl and .obj, files, as well as the map files I any graphical format (the maps are optional).
Service means securing by the Contractor of the Client’s access to registration at the Platform and the Objects placement according to the selected Tariff Plan via the Internet or any up-to- date Internet browser.
Tariff plan means any terms voluntarily chosen by the Client, content and periodical cost by virtue of which the Client receives the Services under the terms and conditions hereof.
Service Activation means the Client’s registration on the Platform and commencement of the Services rendered under the terms and conditions of the selected Tariff Plan.
2.1. The Contractor shall on its own define the terms and conditions hereof, subject to compliance with the applicable laws of Ukraine.
2.2. This Agreement shall be entered into with every individual or legal entity expressing a will to become a Client through consenting with the terms and conditions as of the service Activation date.
2.3. The Agreement shall be binding on the Contractor upon publication thereof at the Platform’s websites www.arena.software, and for the Client – upon the service Activation.
2.4. The Contractor shall render the Services to the Client on the terms and conditions of the Tariff Plan upon the service Activation, and for the fee-based tariff plans – once the Client pays for the Services.
3. Rights and Obligations of the Parties
3.1. The User shall be entitled to:
3.1.1. Use the Mobile Applications free of charge – obtain access to the Objects and place
the same in the augmented reality using the mobile devices.
3.2. The Client shall be entitled to:
3.2.1. Obtain access to the Platform Objects upon the service Activation, subject to the chosen tariff plan.
3.2.2. Manage its Objects in line with the Platform’s capacities – add, delete, hide and edit the description and the supporting images.
3.2.3. Apply to the Contractor concerning the Platform operation.
3.3. The Client shall:
3.3.1. Timely pay for the Services on the terms and conditions of the Tariff Plan.
3.3.2. Comply with the requirements to the Objects according to clause 5.2. of this
3.4. The Contractor shall be entitled to:
3.4.1. Change the Platform’s functions without the Client’s prior notice.
3.4.2. Unilaterally change the terms and conditions of the Services rendering and those of
the Tariff Plans.
3.4.3. Unilaterally change the terms of the Agreement.
3.4.4. Block the Clients’ access to the Platform upon breach by the Client of the obligations assumed under the terms and conditions of this Agreement.
3.5. The Contractor shall:
3.5.1. Render the Services to the clients on the terms and conditions of the Agreement and
the tariff plans.
3.5.2. Secure the Clients’ access to the Platform using and up-to-date Internet browser add the Internet on 24/7/365 basis, save for the time required to remedy the defects, update the Product or reboot the server hardware.
4. Service Rendering Rules
4.1. The Platform is made in the form of the website available to the Client, which has earlier undergone the Activation process using the personal username and password at https://my.arena.software.
4.2. The Contractor supports proper operation of the Platform in the following web- browsers: Google Chrome, Safari, Mozilla Firefox, Opera, Yandex.
4.3. The user manual for the Platform operation by the Clients is built into the Platform. The Contractor shall keep the user manual up to date.
4.4. Service Activation Procedure:
4.4.1. For the purpose of the service Activation the user should be registered at the Platform.
4.4.2. For the purpose of registration, the valid e-mail address shall be used along with the
set of symbols as a password to be set by the User. The link shall be sent to the User’s specified email. Following this link, the User confirms registration and acquires the status of the Client.
4.4.3. Once the Client selects a free Tariff Plan, following the registration the Client has to choose one’s role in the system (up to 3 roles out of the preset options) and Activate the services in line with the relevant terms and conditions of the Tariff Plan. It is recommended to choose true roles in order to secure high quality support to the Client.
4.4.4. Once the Client selects a fee-based Tariff Plan, following the service Activation process the Client shall pay for the Service in line with the chosen the Tariff Plan and the chosen period, or shift to a free Tariff Plan.
4.5. The Client may change the Tariff Plan for an extensive one at any time by paying for the Service in line with the Tariff Plan and the chosen effective period of the Service.
4.6. The Service shall be effective over the entire period of time as chosen by the Client, starting from 00:00 of then following day at the Client’s time zone.
4.7. The Service suspension, resumption and deactivation procedure applicable to the fee- bases tariff plans’ Clients.
4.7.1. Upon expiry of the Service rendering period, the Client shall be provided with full access for 7 (seven) days. Upon expiry of the 7 days, the Platform access shall be changed to the restricted mode- the access to statistics shall be suspended, the Objects shall not be shown in the Mobile Applications.
4.7.2. Subject to the Service extension within 7 (seven) calendar days upon the payment deadline applicable to the preceding period, the term shall be extended upon the expiry date preceding Service’s effective period.
4.7.2. Within 30 (thirty) days upon expiry of the Service rendering period, all the Client’s services shall be deleted from the Platform. The Client shall be able to restore its Objects on the Platform within 60 (sixty) days upon the payment deadline applicable to the preceding period. To do so, the Client shall apply to the Contractor.
4.7.3. 60 (sixty) days after the payment deadline applicable to the preceding period all the Client’s Objects and the Client’s data shall be ultimately deleted from the platform in the automatic mode, without the option of restoring.
4.7.4. When shifting to a free Tariff Plan, the Client should choose out of the list the models compliant with the plan; thereafter the tariff plan shall be activated. The remaining Objects shall be stored within 7 (seven) calendar days. Then, they shall be deleted. Within such 7 (seven) calendar days the Client shall be entitled to change appearance of certain Objects. 4.7.5. At any time, the client shall be entitled to delete forcefully and tracelessly all the data about itself and its Objects, without an option of restoring the same.
5. Liability of the Parties
5.1. The Client shall be fully responsible for the Objects uploaded to the Platform in line with applicable laws of the Republic of Latvia.
5.2. The Objects shall not contain any of the following:
- Scenes of animated or fantasy violence
- Scenes of realistic violence
- Lasting scenes of violence or sadism
- Swear words or slapstick form of humor
- Topics for adults only/obscene materials
- Horror/fear causing materials
- Mentioning (or use of) alcohol, tobacco or drugs.
- Equivalents of gambling games
- Content of sexual/erotic nature
- Graphical content of sexual/erotic nature
- Gambling games and competitions
5.3. Upon violation of clause 5.2., the Contractor shall be entitled to unliterary suspend
rendering the Services to the Client and to delete the Client without a right of restoring at the Platform. If so, the funds earlier paid for the Service shall not be refunded to the Client.
5.4. The Contractor shall not be liable for the Objects’ integrity should the Client or any third party attempt to crack the Mobile Applications and/or the Platform.
5.5. The Contractor shall be responsible for storage of the personal data. By agreeing with this Agreement, the Client hereby grants its consent to processing its personal data.
6.1. Interrelations of the Parties not governed by this Agreement shall be governed by the applicable laws of the Republic of Latvia.
6.2. Agreeing with the Agreement shall be recorded by the Contactor at the Platform.
6.3. Should any amendments be introduced to this Agreement, the Client shall be offered to review the new terms at the Platform.
6.4. This Agreement is available at the permanent link: https://www.arena.software/en/public-offer/
6.5. The technical details of the Platform and the Mobile Applications operation are available at the permanent link: https://www.arena.software/en/faq/.