Terms & Conditions
Last updated 06/04/2021
Please read these Terms & Conditions (“Terms”) carefully prior to accessing or using our website located at www.uatag.com (“Website”). These Terms contain important information about your legal rights and obligations.
Note, by using the Website, you represent and warrant that you have read, understand and hereby agree to be legally bound by and to comply with these Terms in full. If you do not agree with these Terms, please, do not continue to use the Website.
The Website is operated and owned by the Uatag LLC (registration number 43061716, address: 03151, 5/6 Ochakivska st. / Ochakivskyi lane, Kyiv, Ukraine), who we may refer to as “Uatag”, “we”, “us” or “our”.
Our collection and use of personal data in connection with your access to and use of the Website is described in our Privacy Policy.
If you have any questions or comments about these Terms & Conditions or the Website, please contact us at [email protected].
Entire Agreement
Short version: This is an important contract between us and our users. By using the Website you agree to comply with its terms and all applicable laws and regulations. You must be legally capable to enter into this agreement. These Terms and any policies, including our Privacy Policy and any operating rules posted on the Website, constitute the entire legally binding agreement and understanding between you ("you" or “user”) and Uatag, governing your access to and use of the Website. When you use the Website you hereby declare and warrant that:
- (1) according to your local jurisdiction, you are of legal age and eligible to enter into the Agreement;
- (2) according to your local jurisdiction, you have no restriction to use the Website and our Services;
- (3) you comply with these Terms and all applicable laws and regulations.
Uatag Services
Short version: Uatag Website is intended for verifying the authenticity of a product by scanning a unique tag. Use of the Website is free.
The functionality of the Website is based on a blockchain technology which allows to verify the authenticity of a product by scanning a tag that contains: - a unique pattern of glass cracks; - an individual serialized alphanumeric product reference number; - a PIN number hidden under the scratch cover and - an individual QR code that serves as a link to the individual tag image page on the Utag Website.
✔ The Uatag identifier is a guarantee of product authenticity. The tag is attached at the manufacturing site and cannot be reused or reproduced, thus the product with our tag cannot be a counterfeit. Find out more about Uatag on our FAQ page.
How Uatag works?
Scan the QR code on the tag attached to the purchased product with your smartphone. You will be redirected to the Website with the image of a unique pattern of glass cracks of your tag and unique serialized alphanumeric number from the blockchain database.
Check the information provided about the product (type of product, its manufacturer / owner / seller, etc., transaction time, geotagging).
Compare the pattern of glass cracks on your smartphone screen with the pattern on your tag. The product is authentic, if the pattern of glass cracks on the tag matches the image on your smartphone screen.
Erase the scratch cover from the tag and enter the PIN on the Website to activate the product.
If the patterns do not match or the PIN is incorrect, please follow the instructions on the Website and fill in the form to help us take the appropriate actions.
Please, do not buy products with damaged tags to avoid activation issues.
Otherwise, please wait for the manufacturer’s response on your request. Uatag will take all reasonable measures to contact the manufacturer and resolve your issue, but we are not responsible for the consequences of purchasing a product with a damaged tag and are not obliged to reimburse any funds.
Uatag services provided through the Website are free of charge for users who use it to verify the originality of the purchased goods.
Content and intellectual property rights
Short version: We own the Website, all of its content as well as the patent for Uatag tags and the method of its application. In order for you to use our Website and content, we give you certain rights to it, but you may only use our content in the way we have allowed.
The Website is owned and controlled by the Company. Uatag owns the patent and the method of marking and identifying the authenticity of the origin of products and protection against counterfeiting.
All materials on the Website, including text, images, designs, graphics, information, logos, icons, video, sounds, interfaces, software, know-how, trademarks, trade names, industrial designs, inventions etc. (collectively, the “Content”), as well as copyright and other intellectual property rights to such Content belong to Uatag or posted with the consent of the owner.
You are not allowed to use the Content or any of its elements in any way not provided for in these Terms without the prior written permission of Uatag or owners of the Content. Subject to your compliance with these Terms, Uatag grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to: (i) use the Website on your personal device(s) in the manner provided for in these Terms; and (ii) access and view any Content made available in or through the Website for personal, non-commercial use only.
In case you download or copy the Content, no right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You are not allowed to reproduce, publish, transmit, distribute, modify, create derivative works or otherwise use the Content for commercial or illegal purposes without our prior written permission. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website.
Uatag reserves the right to monitor the compliance of your use with these Terms and to alter or revoke this license or cease your access to the Content at any time and for any reason without prior notice. You are also advised that we are determined to enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution.
Links to third-party websites
Short version: The Website may contain links to the websites and services we do not control. You must follow other terms when you use such websites or services provided by other parties.
Some features of the Website, for instance, scanning tags, may be made available or accessed in connection with third-party services that Uatag does not control.
We are not responsible for the content and functionality of those or any other websites or services, as well as for any losses, damages or other liabilities incurred as a result of your use of any third-party websites or services.
You acknowledge that other terms of use and privacy policies may apply to your use of such third party websites, services and content. Uatag is not responsible for the personal data processed by third-party websites and services.
Warranties and disclaimers
Shot version: This Website is provided to you “as is”, and we make no promises or guarantees about it. Please, read this section carefully.
This Website is provided to you “as is”. Other than as expressly set out in these Terms or any of our policies on the Website, Uatag disclaims all warranties regarding the Website, its features and content as well as Uatag identifiers, to the fullest extent permitted by law, including without restrictions, guarantees of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights of third parties or other rights.
We do not guarantee quality, do not advertise or recommend products with attached tags. Our function is to provide the functionality for verifying the authenticity of the product (originating from the manufacturer) using the patented Uatag technology. Uatag is not a party to your relationship with the manufacturer / seller regarding the purchase and sale of products with tags.
We are not making any promises of any kind, including about the Website’s accuracy, usefulness, reliability and correct operation. Uatag does not guarantee that the Website will be uninterrupted or secure, that any defects will be corrected, or that the Website is free of viruses or anything else harmful.
Limitation of liability
Shot version: We will not be liable for damages or losses arising from your use or inability to use the Website or otherwise arising under this agreement. Please, read this section carefully. It limits our obligations to you.
Uatag is not responsible if any information, materials, content available through the Website are inaccurate or incomplete, as well as for typographical errors or omissions in texts or other materials.
We are not responsible for the damaged tags, incorrect attachment and your purchase of products with such tags. We do not guarantee the authenticity of products with damaged tags.
In no event shall Uatag, its partners, employees, contractors and agents be liable for direct, indirect, incidental, special, punitive or consequential damages, lost profits, loss of data or property damage, related to any use or inability to use the Service, including, without limitation, any damages, caused by mistakes, omissions, interruptions, defects, viruses, even if Uatag has been advised of the possibility of such damages.
The foregoing limitations of liability do not apply to the extent prohibited by law. If any provision of these Terms is determined to be unlawful or unenforceable for any reason, or if we are otherwise held liable to you, our full liability for all claims in such circumstances in respect of the obligations may not exceed the equivalent of 100 US dollars.
Indemnification
Shot version: You are responsible for your use of the Website. If you harm someone else or get into a dispute with someone else, we will not be involved.
You agree to defend, indemnify and hold harmless Uatag, our partners, employees, contractors and agents from and against any and all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from: (i) any breach by you of any of these Terms, (ii) your use/misuse of the Website, content or features available through the Website, our tags or (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You also agree to reimburse Uatag for any damage, loss, cost or expense Uatag incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Website or our tags for any unlawful or prohibited purpose.
We reserve the right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us so we execute our strategy.
Applicable law and jurisdiction
Shot version: This agreement is governed by the laws of Ukraine. We hope to resolve all the issues by peaceful means, but in case a serious dispute arises between us, it must be resolved in the national court of Ukraine.
Except as otherwise set forth in these Terms or any policies, these Terms shall be exclusively governed by and construed in accordance with the laws of Ukraine. If any material in the Website, or your use of the Website is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use it. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Any dispute, conflict, claim or controversy directly or indirectly arising out of or in connection with the Website or these Terms, including, those relating to its validity, its construction or its enforceability shall be resolved by means of amicable negotiations directly with Uatag team in accordance with the principles of good faith and cooperation. If the consensus may not be reached by the negotiations, the dispute shall be settled exclusively in the state courts of Ukraine, subject to its jurisdiction rules, with the applicable substantive law of Ukraine.
All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
Electronic communications
Short version: We use email to stay in touch with our users.
By providing your email via the Website, you understand and agree that we may send you via the provided contact details the communications, including
(i) notifications on Website updates;
(ii) information or materials regarding your use of the Website or our tags;
(iii) information on these Terms updates.
Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise a feature of the Website or a service in which we believe you may be interested, or may otherwise discuss a marketing campaign.
You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.
Other terms
If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid and enforceable.
We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms.
A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We reserve the right, at any time at our sole discretion, to modify these Terms. In case of material changes affecting your use of the Website, we’ll notify you prior to the changes’ effective date by posting a notice on the Website.
Contact information
If you have any questions or comments about these Terms & Conditions, the Website or activities of Uatag, please contact us by:
[email protected]
+38 (096) 383-4754
+1 (416) 239-2022 EXT 1
79000, 4a George Washington st., corp. 11, Kyiv, Ukraine