Terms of use and public offer

Version: 2
Updated: 03.08.2024

WITH THIS DOCUMENT, DYSTLAB OFFICIALLY OFFERS AN INDEFINITE NUMBER OF PERSONS TO ENTER INTO AN AGREEMENT TO USE THE SERVICES OR PURCHASE DYSTLAB LICENSES.

The Agreement is public and, in accordance with Article 633 of the Civil Code of Ukraine, its terms and conditions are the same for all users, regardless of their status (individual, legal entity, etc.), without giving preference to one user over others.

ATTENTION! IN ORDER TO CONTINUE USING THIS AND OTHER DYSTLAB WEBSITES, YOU MUST ACCEPT ALL THE TERMS OF THIS AGREEMENT.

THE AGREEMENT IS ACCEPTED FROM THE MOMENT YOU CLICK THE “YES”, “ACCEPT”, “AGREE”, “CONFIRM”, “PAY” OR OTHER UNAMBIGUOUS MECHANISM OF ACTION AND RECEIVE CONFIRMATION OF THIS IN ELECTRONIC OR OTHER FORM. ACCEPTANCE OF THE TERMS OF THIS AGREEMENT ALSO OCCURS AUTOMATICALLY WHEN YOU COPY, DOWNLOAD OR CONTINUE TO USE THE DYSTLAB WEBSITE IN ANY OTHER WAY. BY DOING SO, YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND ACCEPT ALL OF ITS TERMS.

IMPORTANT! USE OF THIS WEBSITE IS NOT ALLOWED IN THE FOLLOWING COUNTRIES:

1) RUSSIA (RUSSIAN FEDERATION);
2) BELARUS (REPUBLIC OF BELARUS);
3) NORTH KOREA (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA);
4) IRAN (ISLAMIC REPUBLIC OF IRAN);

IF YOU ARE LOCATED IN ONE OF THESE COUNTRIES, YOU MUST STOP USING THIS WEBSITE IMMEDIATELY.

1 Definition of terms

1.1 Dystlab, Licensor is a trademark registered in the State Register of Certificates of Ukraine for Trademarks and Service Marks on February 26, 2018, certificate No. 238304. The rights holder is an individual entrepreneur Artomov Vitalii Yevheniiovych (EDRPOU/INN 3003314690), who operates business in accordance with the current legislation of Ukraine.

1.2 End User, you, the Licensee, is a legally capable individual who has reached the age of 18 or a legal entity or individual entrepreneur who intends to use Dystlab services or Products.

1.3 Dystlab Store — Dystlab's website, located at:

https://dystlab.store

1.4 Dystlab Product means software in the form of binary (closed) or non-binary (open) files developed in Dystlab. The term “Dystlab Product” includes all software components, including documentation, examples, templates, etc. An example of a Dystlab Product is TechEditor or another digital solution protected by copyright and available to users through the Dystlab Store catalog.

1.5 License means a limited right to install and use Dystlab Products, which Dystlab grants to you under a simple (non-exclusive) license of a certain type. The terms of the License are set forth in the License Agreement and duplicated in the text file “LICENSE.txt” or “EULA_.txt” supplied with the Product.

1.6 Privacy Policy (the “Policy”) is a document that describes the procedure for processing, storing, and using your personal data. The full text of the Policy is available on any Dystlab website or in the text file “PRIVACY.TXT” in the Product folder.

1.7 Account means an account on the Dystlab Store website that provides you with access to private sections of the website, access to download content, or access to use Dystlab Products. The Account contains your personal information and is used when working with Dystlab Products.

1.8 Subscription is an information service that Dystlab provides to you in accordance with the selected free or paid tariff plan. The Subscription activates or restricts your access to certain sections of the Dystlab websites. The Subscription also determines the list of available features in the Dystlab Products. Subscription plans are available on the Dystlab Store website.

1.9 Web Authorization is a mechanism for accessing and interacting with the Account through a browser. Web Authorization automatically downloads your current License and activates the relevant features of the Dystlab Product.

1.10 Dystlab Public is the official Dystlab page on a social network or other resource. It is used, as a rule, for representative purposes.

2 General terms and conditions

2.1 This Public Offer (Agreement) between you and Dystlab defines:

• How to use Dystlab websites;
• How to get a Dystlab License Subscription.

2.2 ALL CONTENT ON THIS AND OTHER DYSTLAB WEBSITES IS PROVIDED ON AN “AS IS” BASIS. DYSTLAB IS NOT RESPONSIBLE FOR THE USE OF THESE MATERIALS BY END USERS. BY ACCESSING THESE DYSTLAB MATERIALS, YOU FURTHER USE THEM SOLELY AT YOUR OWN RISK. DYSTLAB DOES NOT COMPENSATE YOU FOR FINANCIAL, MORAL, TECHNICAL OR ANY OTHER LOSSES (DAMAGES) THAT OCCURRED DURING THE USE OF OR AS A RESULT OF THE USE OF DYSTLAB MATERIALS.

2.3 Dystlab has the right to make any changes to the content of the Dystlab websites at any time. In particular, the materials of these sites may be changed, replaced, disabled, deleted, regardless of the Subscription plan.

2.4 To use the public pages of the Dystlab websites, you only need to accept the Privacy Policy and the terms of this Agreement.

2.5 In order to use the private areas of the Dystlab Websites and to download and use the Dystlab Products, you must obtain the appropriate License from Dystlab. The License is obtained through a Subscription.

3 Dystlab Licenses

3.1 Dystlab Products may be downloaded and used under one of the following Licenses:

1) DYSTLAB FREE LICENSE (FREE)

2) DYSTLAB PROFESSIONAL LICENSE (PRO)

3) DYSTLAB EDUCATIONAL LICENSE (EDU)

3.2 Information about the features provided by a particular license is available on the Dystlab websites.

3.3 Dystlab reserves the right to change the terms and conditions of licensing any of its materials, products and services.

3.4 Dystlab Products obtained under different licenses may be partially or fully incompatible. Dystlab assumes no responsibility for the incompatibility of such Products.

3.5 License restrictions

3.5.1 FREE and PRO licenses allow you to use the Dystlab Product in commercial and non-commercial projects. The scope of the User's activities for these types of licenses is not limited, unless otherwise specified in the additional terms of a particular License.

3.5.2 The EDU License allows you to use the Dystlab Product only for educational (training, non-commercial) purposes. Under the EDU license, it is prohibited to use the Dystlab Product in commercial projects, as well as scientific, research, development, and other professional activities. This type of license is usually intended for educational institutions (schools, academies, universities, colleges, etc.).

3.5.3 In any case, you may not sell, lease, sublease or otherwise deal with the License or Dystlab Products for monetary or other pecuniary gain.

3.6 Transfer to a third party

3.6.1 None of the Dystlab licenses may be transferred to a third party.

3.6.2 Dystlab products available under PRO or EDU licenses may not be transferred to a third party.

3.6.3 If you are an individual or a sole proprietor (i.e., an individual user), a “third party” is any other individual or legal entity.

3.6.4 If you are a legal entity (company), a “third party” is considered to be: any other legal entity; an individual who is not employed or trained by your company.

3.7 Obtaining a license

3.7.1 To obtain the License, you need to log in to the Dystlab Store website. The License is provided in accordance with the selected Subscription plan. By selecting and, if necessary, paying for the appropriate Subscription Plan, you obtain from Dystlab a limited (non-exclusive) License associated with that Subscription Plan.

3.7.2 The License you have received from Dystlab is automatically linked to your Account on the Dystlab Store website. This License will be valid for a specified period of time and is available to you every time you log in to the Dystlab Store.

3.7.3 The terms of use of Dystlab Products with Web Authorization are determined by your current License. Products without web authorization are subject to the terms of the License under which they were obtained.

4 Jurisdiction and applicable law

4.1 If you have paid for a Subscription in the United States, Canada, Mexico, Belize, Costa Rica, El Salvador, Guatemala, Honduras, Montserrat, Nicaragua, Panama, Turks and Caicos Islands, Virgin Islands or Taiwan, the applicable laws of the State of California of the United States of America shall govern the relationship under this Agreement. You agree that any dispute arising out of or relating to this Agreement shall be resolved exclusively in the federal or state courts of Santa Clara County, California.

4.2 If you have paid for the Subscription in Japan, the laws of Japan shall apply to the relationship under this Agreement. You agree that all disputes regarding this Agreement shall be resolved exclusively in the Tokyo District Court (Japan).

4.3 If you have paid for the Subscription in Austria, Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or any other member state of the European Union, except for Malta, Greece and Cyprus, as well as Iceland, Liechtenstein, Norway or Switzerland, the laws of Munich (Germany) shall apply exclusively to the relations under this Agreement. You agree that all disputes arising out of the Agreement shall be settled in the court of Munich (Germany).

4.4 If you have paid for the Subscription in the United Kingdom of Great Britain and Northern Ireland or the Republic of Ireland, the applicable laws of England and Wales shall govern the relationship under the Agreement. All disputes arising from the Agreement shall be resolved in the courts of England and Wales.

4.5 If you have paid for the Subscription in Australia, New Zealand, Papua New Guinea, Cocos Islands, Cook Islands, Fiji, Niue, Norfolk Islands, Tokelau, the laws of the State of New South Wales (Australia) shall apply to the relationship under this Agreement.

4.6 If you have paid for the Subscription in Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Hungary, Israel, Georgia, Iraq, Macedonia, Romania, Slovakia, Slovenia, Turkey, Serbia, Montenegro, Ukraine or Moldova, the substantive law of Ukraine shall apply to the relations under this Agreement.

4.7 If clause 4.6 applies and you are a legal entity or an individual entrepreneur, all disputes arising out of this Agreement shall be settled by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules. The decisions of the said court shall be final and binding on both parties. If you are an individual, all disputes arising from the Agreement shall be resolved in the Shevchenkivskyi District Court of Kyiv (Ukraine).

4.8 If you have paid for the Subscription in Poland, the laws of Poland shall apply to the relations under this Agreement.

4.9 If you have paid for the Subscription in a country other than the one specified in clauses 4.1-4.8, the applicable laws of the country in which the payment for the Subscription was made shall apply to the relations under this Agreement.

5 User registration and authorization

5.1 To obtain the License and use the Dystlab Services and Products, you must have your own Account on the Dystlab Store website.

5.2 When you register an Account, you provide Dystlab with certain private information that characterizes you as a user. The content and scope of this information, as well as the methods of its processing, storage and deletion are governed by the Privacy Policy.

5.3 During the web authorization, installation, operation of Dystlab Products, as well as in the course of providing technical assistance, Dystlab may ask you to provide certain personal data (in particular, your name, address, e-mail, phone number). You agree to provide Dystlab with such personal data.

5.4 You have the right not to provide your personal data to Dystlab, but in this case you may be denied technical support or maintenance of the Dystlab Products.

5.5 Dystlab undertakes not to request more personal data from you than is necessary for the quality provision of the service or technical support. You agree that your personal data may be processed by Dystlab (including collected and/or otherwise used) in accordance with applicable law and subject to this Privacy Policy. All personal data that you provide to Dystlab will be processed, stored and used exclusively by Dystlab and will not be disclosed to third parties unless such disclosure is required by applicable law.

5.6 Dystlab may verify your location for security purposes and to restrict access to users from countries that are banned by Dystlab. Such checks are based on IP address analysis or otherwise. If such checks reveal that you have violated the terms of this Agreement or other Dystlab policies, Dystlab has the right to restrict your use of the Dystlab Websites and/or Dystlab Products, including blocking or deleting your Dystlab Store Account without notice. In this case, Dystlab will not refund your Subscription fee and will not compensate you for any expenses.

6 Financial conditions

6.1 Subscription

6.1.1 The cost of the Subscription is determined in Ukrainian hryvnia including VAT and is presented on the website in hryvnia or another currency. For the purpose of your information, the cost in a foreign currency is duplicated by the corresponding amount in UAH.

6.1.2 Dystlab may change the price of the Subscription unilaterally. Such changes shall only apply to subsequent Subscription terms and shall not affect Subscriptions that you have already paid for.

6.2 Payment procedure and activation of the Subscription

6.2.1 To pay for the chosen Subscription plan, you need to have your own Account on the Dystlab Store website. In the case of a legal entity, the Account must be administered by an authorized representative of the company.

6.2.2 Payment for the Subscription shall be made online using the WayForPay service or by bank transfer to the account of a sole proprietor.

6.2.3 The recommended way to pay for the Subscription is to enter your bank card details on the Dystlab Store website. Other methods are also available, such as payment via a terminal or transferring funds to the details of a sole proprietor. Cashless payment from a legal entity's account is also possible. For more details, please contact Dystlab.

6.2.4 Your Subscription is activated after Dystlab managers have received a notification that funds have been credited to your Dystlab account. The verification may take from several minutes to several hours.

6.2.5 Activation of the Subscription is accompanied by a letter to the e-mail address specified in your Account. From that moment on, you can use the relevant Dystlab services and Products.

6.3 Refund policy

6.3.1 Refunds for the paid Subscription are governed by the Law of Ukraine “On Protection of Consumer Rights”.

6.3.2 If you have paid for the Subscription and have not received access to the relevant resources and/or Products within 3 (three) days from the date of receipt of funds to the Dystlab account, you have the right to initiate the process of refunding the cost of the relevant Subscription plan in full. For these purposes, it is recommended to use e-mail, phone or other official channels of communication with Dystlab (see the section “Address and details”).

6.3.3 The refund of the Subscription cost in accordance with clause 6.3.2 shall be made within 30 (thirty) calendar days, in accordance with the current legislation of Ukraine. The Subscription cost is refunded by transferring to your bank account.

6.3.4 The Subscription cost shall not be refunded in the following cases:

• technical problems were not the fault of Dystlab, but on the user's side;
• force majeure (natural disasters, man-made disasters, terrorist attacks, military aggression, etc.);
• international or Ukrainian sanctions against the country in which the user resides;
• the user has been previously denied Dystlab services due to violation of the terms of this Agreement or other Dystlab policies.

6.3.5 You have the right to cancel your paid Subscription before its completion, at any time. In this case, its cost is not refundable, but you can reactivate such paid Subscription during its validity period.

7 User support

7.1 Dystlab endeavors to provide its users with reliable and uninterrupted access to all content and Products, but cannot guarantee it absolutely.

7.2 If for some reason you cannot access the Dystlab websites or the Dystlab Product, we recommend that you contact our technical specialists for support. For this purpose, you can use e-mail, phone, messengers, feedback sections, etc.

7.3 If you have paid for the Subscription and have problems accessing Dystlab websites or Products, please contact our technical support. If the reason for this is on Dystlab's side (server failure, hosting problems, website problems, etc.), Dystlab will compensate you for this time in full: the time will be added to the total term of your Subscription. If the reason is on your side (in your browser settings, in the work of your antivirus programs, in blocking access by your corporate network, etc.), Dystlab technical specialists will try to tell you the possible sources of the problem and ways to solve it. There is no compensation for the subscription time spent on troubleshooting problems that occurred on the user's side.

8 Other terms

8.1 Unless otherwise agreed between you and Dystlab in a separate written agreement, this Agreement has an unlimited term. The Agreement shall enter into force on the date on which you first express your acceptance of its terms, or the Agreement shall remain in force for the entire term permitted by applicable law. If the applicable law requires to determine the term of the Agreement, then this Agreement shall be valid for the maximum term provided for by the applicable law, but in no case less than the term of copyright for Dystlab Products.

8.2 This Agreement is concluded on the territory of Ukraine. The Agreement shall be governed by the current legislation of Ukraine and the provisions of clause 4.

8.3 Dystlab has the right to unilaterally modify this Agreement. In addition, changes to the Agreement may also be made by mutual agreement of the parties in the manner prescribed by the current legislation of Ukraine.

8.4 All disputes that may arise between you and Dystlab shall be resolved through negotiations. In case of failure to settle the dispute through negotiations, each party has the right to apply for a dispute resolution to the judicial authorities in accordance with the current legislation of Ukraine.

9 Address and details

Artomov Vitalii (Entrepreneur)
Ukraine, 76006, Ivano-Frankivsk
Phone: +380504576819
USREOU code: 3003314690
Account UA133052990000026002035500156 (UAH) in the JOINT-STOCK COMPANY COMMERCIAL BANK "PRIVATBANK"
Bank code: 336677
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.