Last updated on May 25, 2018
This User Agreement (the "Agreement", “Document”) covers relation between the end-user ("You") and UKU Group Ltd. (Us, We, Our etc.), the authorized vendor of similarity detection engine named Unicheck.
Please read this Agreement carefully as far as it will regulate relations between You and Us in the course of the Services provision. This Agreement stipulates all restrictions, intellectual property and financial terms of the Services rendering. By clicking "I Agree" button and continuing to create an Account and use of this Site, You agree to be bound by the terms and conditions stated herein. You claim and warrant that You have full legal authority to enter this Agreement and to be legally bound by it and that You achieved the age of legal majority under the laws or regulations in Your jurisdiction. Breach of the Agreement obligations or any statement by You may result in the Services suspension or termination of the Agreement.
For the purposes of this Agreement the following definitions shall have the following meanings:
Account means Your personal dashboard for the Text information submission and accepting of the Similarity reports, closed for public access, which is created after Your registration. Account is personalized by the account name and password.
Account Activation means the first logging into the Account.
Similarity detection engine means a software complex with the online access to the website www.unicheck.com which provides You with locating signs of similarity between Text information submitted by You and information available on the Internet.
Text information means the file containing text information represented in any format that is accepted by the Similarity detection engine that has been submitted by You for the similarity detection.
We reserve the right to determine the requirements regarding the size and the format of the files with the text information You may download in order to perform the similarity check as well as the right to limit Your access to Our Services if Your files do not meet Our requirements.
Similarity report means a conclusion of similarity rate of the Text information, submitted by You, and documents available in Unicheck database, or on the Internet.
Business day means any day which is not a Saturday, Sunday or public holiday in countries of the parties' registration.
Personal Data means certain information that identifies You as a specific individual or can be used to contact or identify You.
Effective Date means the date of Your Account Activation.
Date of payment means the date when the funds paid by You are credited to our bank account (in case of using wire transfer or credit card), or to our PayPal account.
Services mean the similarity check performed by the similarity detection engine Unicheck, which is a software complex with the online access to the website https://unicheck.com/.
Software means the online software applications provided by Us as part of the Services.
License fees means the amount of money payable by You to Us according to the Agreement and Your Pricing Plan.
Service Level Agreement means Our policy for providing the support in relation to the Services as made available at https://unicheck.com/.
Site means an aggregate amount of the web pages available at www.unicheck.com and all sub-domains thereof, where the Services are realized.
Search request: Text information, numbered in pages (275 words per page) placed to Similarity detection engine through web interface at www.unicheck.com for similarity check by You that results in Similarity Report.
All definitions in this Agreement in the singular shall apply to such words when used in the plural where the context so permits and vice versa, and all references to gender shall include both genders and the neuter.
We (Us, Ours) UKU Group ltd is the Unicheck’s search engine authorized vendor. UKU Group ltd is registered under the laws of Cyprus. Our registration office is at Evropis 4 Office 3, Strovolos, Nicosia 2064, Cyprus. You may contact Us by emailing email@example.com.
3. Account registration and Use
3.1. You will need to create Account to obtain access to the Services. You will get access to the Services after Your registration data verification and Your acceptance of this User Agreement.
3.2. You are responsible for Your Account confidentiality. Please keep Your Account name and password strictly confidential. Unauthorized access to Your Account may cause suspension of the Services or termination of Your Account.
3.3. Under no circumstances You shall transfer Your Account name and/or password to any third person.
3.4. You are solely responsible for any activity involving Your Account, including but not limited to Your Data submitted, Your search requests and any action You take using Your Account.
3.5. If You have reasonable suspect somebody uses Your Account without Your permission, please contact Us by emailing at firstname.lastname@example.org.
4.1. For the purposes of using Our Services as described in this Agreement and other legal documents and notices at the Site, upon Your Account Activation We grant You a non-exclusive, non-transferable, worldwide license for non-commercial use of the Services and the Site. For the avoidance of doubt license is granted to You without right to any kind of transfer to any third party.
4.2. When You upload, submit, store, send or receive Text information to or accepting Similarity report from our Services, You give/grant to Us (Our representatives, agents, employers) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, host, store, create derivative works (such as those resulting from translations, adaptations or other changes), reproduce such content, providing that intellectual property rights to the Text information are owned by You. The rights that you grant by this license are for the limited purpose of operating and improving our Services, and to develop new ones. This license shall survive termination or suspension of this Agreement notwithstanding the reason of such termination or suspension.
5. Fees and Payment
5.1. The Services provided according to this Agreement shall be the subject of License fees. The amounts of License fees are stipulated on Our Site and can be found at: https://unicheck.com/prices
5.2. Subject to the clause 5.1. License fees are charged for the number of Search requests (numbered in pages) stipulated on the Site. The license term for all of the ordered pages is 6 (six) months. After the end of this term all Search requests, provided to You will expire and You will not be able to use the Services unless You order the next amount of Search requests and pay for it.
5.3. In order to use the Services, You should choose the number of pages suitable for you and make a payment for that amount of Search requests. As soon as Your payment is received by Us, the rendering of the Services will start and will continue for the period of (6) six months. When this six-month license term ends, You may order more Search requests if needed. In case You will have used all of Your Search requests before the end of the six-months license term, You can order another Search requests according to the prices specified on Our Site.
5.4. All fees paid by You for the Services including License fees are non-refundable.
6. User Personal Data and Text information
6.1. You shall own all rights, title and interest in and to all of the Text information and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of such information.
6.3. If We process any of Your Personal Data when performing Our obligations under this Agreement, We will act as the Data controllers.
7. Restrictions of Use
You shall use the Services in full compliance with the terms of this Agreement. We reserve the right, without liability to You, to disable Your access to Our Services in case of Your breach of this Agreement, any misuse of Our Services or providing us with the false information regarding the Services usage.
7.1. You shall not access, store, distribute or transmit via, during the course of the use of the Services information that:
7.1.1. Is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
7.1.2. Facilitates illegal activity;
7.1.3. Depicts sexually explicit images;
7.1.4. Promotes unlawful violence;
7.1.5. Is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activity; or
7.1.6. Causes damage or injury to any person or property; and We reserve the right, without liability to You, to disable Your access to any material that breaches the provisions of this clause.
7.2. You shall not:
copy, modify duplicate or create derivative works based on the Site and the Services;
republish, download, display, transmit, or distribute all or any portion of the Site or Software included into Site in any form or media or by any means;
access content or data not intended for you, log onto a server or account that you are not authorized to access, or otherwise violate or attempt to violate any security or authentication feature or measures of the Site or the Services;
attempt to access or derive the source code or architecture of the Services Software;
attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Site or Software included into Site;
attempt to probe, scan or test the vulnerability of the Site, or any associated system or network, or to breach any security or authentication feature or measures of the Site;
interfere or attempt to interfere with Services to any user, host or network, including, without limitation, by means of submitting malicious software or computer code to the Site or the Services, load testing, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,”;
email or otherwise transmit any content that (i) infringes any intellectual property or other proprietary rights; (ii) You do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains any malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person or entity; (v) constitutes unsolicited or unauthorized materials; or (vi) is otherwise objectionable;
automate access to the Site or the Services, including, without limitation, through the use of bots, scrapers or other similar devices;
use or access any services, software in order to build a competitive product, service or solution;
violate any applicable law or regulations.
7.3. You shall use all reasonable endeavors to prevent any unauthorized access to, or use of, the Services and, in the event of any such unauthorized access or use, promptly notify Us about such facts.
8. Privacy and Сookies
8.1. We care about Your Personal Data, and do our best endeavors to protect it. You can get more information about Unicheck Personal Data obligations in Our https://unicheck.com/user-agreement
9. Intellectual Property Rights
9.1. You acknowledge and agree that We or Our licensors own all intellectual property rights regarding Services. Except as expressly stated herein, this Agreement does not grant You any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services and the Site.
9.2. We confirm that We have all the rights in relation to the Services and the Site that are necessary to grant all the rights We purport to grant under, and in accordance with, the terms of this Agreement.
WE DO NOT MAKE ANY STATEMENTS OR GIVE ANY WARRANTIES ABOUT THE RESULTS OBTAINED BY USING SITE AND SERVICES, THE SPECIFIC FUNCTIONS OF THE SITE OR IT’S RELIABILITY, AVAILABILITY, ACCURACY OR ABILITY TO MEET YOUR NEEDS. WE DO NOT WARRANT THAT ACCESS TO THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES HAVE INFORMATION PURPOSE ONLY AND PROVIDE THE SIMILARITY CHECK OF YOUR TEXT INFORMATION. IN ANY CASE THE RESULTS OF THE SIMILARITY CHECK PROVIDED BY THE SERVICES SHALL BE SUBJECT FOR YOUR FURTHER REVIEW. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY RESULTS OF YOUR SERVICES USE, THEIR INTERPRETATION AND CONSEQUENCES OF SUCH INTERPRETATION.
WE AND OUR LICENSEES, VENDORS, AGENTS, AFFILIATES WILL NOT BE RESPONSIBLE FOR LOST OF PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.
UNDER NO CIRCUMSTANCES SHALL WE AND OUR LICENSEES, VENDORS, AGENTS, AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
11.1. You shall defend, indemnify and hold harmless Us against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with Your use of the Services provided that:
11.1.1. You have been given prompt notice of any such claim;
11.1.2. We provide reasonable co-operation to You in the defense and settlement of such claim, at Your expense; and
11.1.3. You have been given sole authority to defend or settle the claim.
11.2. We shall defend You, against any claim that the Services infringe any patent effective as of the Account Activation date, copyright, trade mark, database right or right of confidentiality, and shall indemnify You for any amounts awarded against You in judgment or settlement of such claims, provided that:
11.2.1. We have been given prompt notice of any such claim;
11.2.2. You provide reasonable co-operation to Us in the defense and settlement of such claim, at Our expense; and
11.2.3. We have been given sole authority to defend or settle the claim.
11.3. In the defense or settlement of any claim, We may procure the right for You to continue using the Services, replace or modify the Services so that they become non-infringing or, if such remedies are not reasonably available, terminate this Agreement on 5 (five) Business Days’ notice to You without any additional liability or obligation to pay liquidated damages or other additional costs to You.
11.4. In no event shall We, Our employees, agents and subcontractors be liable to You to the extent that the alleged infringement is based on:
11.4.1. A modification of the Services by anyone other than Us; or
11.4.2. Your use of the Services in a manner contrary to the instructions given to You by Us in this Agreement or otherwise; or
11.4.3. Your use of the Services after notice of the alleged or actual infringement from Us or any appropriate authority.
11.5. The foregoing states Your sole and exclusive rights and remedies, and Our (including Our employees', agents' and subcontractors’) entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.
12. Modification of Services
12.1. We may from time to time modify, alternate or change scope of the Services at Our own discretion.
12.2. We will inform You about any changes in the scope of the Services by notifications in Your Dashboard and/or by sending You an e-mail to address specified by You.
13. Modification of this Agreement
13.2. No modification to this Agreement or any other legal document at this Site by You is allowed. Any abovementioned modification, alteration, change of any kind without Our express written consent shall be negligent.
14. Termination of Agreement
14.1. This Agreement shall, commence on the Effective Date and shall continue perpetually, unless You decide to stop using Our Services. In such case You can delete Your Account with the help of “Delete” button in Your Profile Setting. But please note that We will remain Your Personal Data for a period of 30 days after such deletion in case You change Your mind and want to restore Your Account. You can restore Your Account only for that mentioned period of time and after that You’ll need to register Your Account again if You want to use Our Services.
14.2. Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate this Agreement without liability to the other if:
14.2.1. The other party commits a material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing (including via email) of the breach; or
14.2.2. The other party makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way.
14.3. On termination of this Agreement for any reason:
14.3.1. All licenses granted to You under this Agreement shall immediately terminate;
14.3.2. The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.
15. Limitation of Liability
15.1. Subject to the provisions of this clause, clause 16 sets out the entire financial liability of Us (including any liability for the acts or omissions of Our employees, agents and subcontractors) to You in respect of:
15.1.1. Any breach of this Agreement;
15.1.2. Any use made by You of the Services or any part of them; and
15.1.3. Any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
15.2. Except as expressly and specifically provided in this Agreement:
15.2.1. You assume sole responsibility for results obtained from the use of the Services and by You, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Us by You in connection with the Services, or any actions taken by Us at Your direction;
15.2.2. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and
15.2.3. The Services are provided to You on an "as is" basis.
15.3. We shall not be liable whether in tort (including for breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and
15.4. Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the last License fee paid for Your Pricing plan immediately preceding the date on which the claim arose.
15.5. Under no circumstances shall Similarity report be used as a basis of any decision regarding to statement whether the submitted Text information has signs of a plagiarism. Similarity report illustrates only the scope of textual similarity between documents. No specific decisions shall be taken without professional advice of competent authority or specialist.
16. Dispute Resolution
16.1. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. The language to be used in the arbitral proceedings shall be English. The governing law of the Agreement shall be the substantive law of England.
16.2. In addition, both You and the Us agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding.
17. Other Provisions
17.1. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remainder of the Agreement continue in effect.
17.2. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17.3. This document constitutes the entire agreement between You and UKU Group ltd with regard to its subject matter and supersedes any and all prior negotiations, representations and agreements, whether written or oral, between You and Us. In case of discrepancies between existing written contract, regulated relations between the parties regarding the Services rendering and this Agreement, terms and provisions of written contract shall prevail.
19.1. We provide full time 24/5 support. You can reach our support team via email: email@example.com as well as by phone: +1 281 912 0548 (USA).
19.2. Questions regarded to legal and copyright issues are to be sent to firstname.lastname@example.org