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 Notice.

If you have any questions or comments about these Terms & Conditions or the Website, please contact us at info@uatag.com.

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 Notice 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:

info@uatag.com
+38 (096) 383-4754
+1 (416) 239-2022 EXT 1
79000, 4a George Washington st., corp. 11, Kyiv, Ukraine

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 Notice.

If you have any questions or comments about these Terms & Conditions or the Website, please contact us at info@uatag.com.

Entire agreement

These Terms, orders of Uatag tags agreed by the Parties and any policies, including our Privacy Notice and any operating rules posted on the Website, constitute the entire legally binding agreement and understanding between you ("you" or “Client”) and Uatag, governing your purchase of Uatag tags and use of the Service designed for the companies, manufacturers, distributors, museums, galleries, auction houses, any other legal entity or natural person, to which/whom Uatag sells and delivers tags for further attachment to each specific product (“Agreement”).

When you use the Service as a Client you hereby declare and warrant that:

(1) you are eligible to bind a legal entity and grant us all permissions and licenses under these Terms, disclose information about this legal entity in your account;

(2) you comply with these Terms and all applicable laws and regulations.

Please, contact us at info@uatag.com to conclude this Agreement in writing. A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Uatag Services

Subject to these Terms Uatag grants Clients a right to use the solution intended for consumers to identify Client's original products by scanning the Uatag tag which 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.

Uatag provides the operation of the Service for the consumers, in particular, the ability to scan tags and use the Website, designed to verify the authenticity of products and their activation. In case of consumers’ complaints related to the impossibility of activating the product with the tag, for reasons not related to the technical component of the Service,

Uatag takes all measures to identify the problem and transmits information to the Client for further settlement of the consumer’s complaint relating to the product. In order to use Uatag Services, the Client has to purchase tags, attach them to the products and add all the relevant information to the personal Account created for the Client.

Order and delivery of tags

The orders of tags shall be delivered to Uatag email sale@uatag.com. Your request will be processed within 3 business days. Please indicate the details about the manufacturer and product, the number of tags (at least 100,000) and the delivery address. Additionally, you can order the individual design of tags for your product.

Upon our approval of the order and the layout of the tags, we will send to your email the Order Confirmation, under which Uatag undertakes to supply, and the Client - to accept and pay the invoice for the order in accordance with these Terms.

The number of tags, the cost of the parcel of tags, the terms and conditions of payment, terms of production and delivery of tags are specified in the Order Confirmation, which is an integral part of this Agreement.

The cost of a parcel of tags includes: -layout development and production of tags; -granting access to the Client's Account for its use for an agreed period of time; -setup and technical support of the Client's Account; -the cost of intellectual property rights licensed under this Agreement.

Delivery of a parcel of tags is carried out at the expense of Uatag at the address specified by the Client. At the moment of acceptance by the Client (or proxy) of the ordered parcel of tags and signature of waybill and the consignment note the property right and risk of loss of the delivered parcel of tags passes to the Client.

In case of detection of defects or non-compliance of the delivered parcel of tags, the Client shall immediately notify Uatag thereof via email sale@uatag.com, but not later than 30 calendar days from the date of receipt. Uatag undertakes to take measures to rectify the deficiencies within a reasonable time. If Uatag does not receive the Client's notice within the specified period, it will be considered that the Client has accepted the parcel of tags and has no claims.

Account registration

Through your personal Account you will get access to the CRM with analytical data relating to the products with tags, their location, cases of scanning, activation and nonconformity of tags.

Provided that you have purchased or ordered the test tags the Account is created by the administrator on Uatag Website according to the provided information. You are obliged to provide accurate and complete information during registration and keep the information of your Account up-to-date. Read more about the data confidentiality and personal data processing.

Upon the first login to the created Account, you can change the password. You are responsible for maintaining the confidentiality of your login credentials and for all actions taken through your Account.

You are responsible for complying with all applicable laws, regulations and rules when using the Service and Account.

You understand that by using the Service you process the personal data of your products consumers and therefore are obliged to enforce their rights as subjects of personal data. Thus you undertake to conclude with Uatag a Data processing agreement, which is an integral part of this Agreement.

If you know or for any reason suspect that someone has gained access to your Account, or that your login information has been lost, stolen, misappropriated or otherwise hacked, please notify us immediately by email at info@uatag.com.

Intellectual property rights

The Service is owned and controlled by Uatag. Uatag owns the patent for the device and method for marking and verification of the authenticity of origin of goods and protection against counterfeiting.

All materials in the Service, 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.

Subject to your compliance with these Terms, Uatag grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to:

(1) use the Service and Content on your personal device(s) in the manner provided for in these Terms;

(2) use of marketing materials provided to the Client containing Uatag’s intellectual property to promote Uatag and advertise the cooperation on terms agreed by the Parties in writing by electronic means of communication;

(3) application of Uatag’s intellectual property to the Client's product exclusively in the form of tags.

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. 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 Service.

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.

Your license to Uatag

In order to develop the layout of the tags, their production and ensure the operation of the Service, the Client grants Uatag a non-exclusive license to use the Client's intellectual property (in particular, trademarks, trade names, logos, designs, industrial designs) provided by the Client to Uatag with information materials required for implementation of this Agreement.The license is granted for the terms of this Agreement without territorial limitations. The cost of license is considered in the calculation of the total cost of the Uatag Services rendered under this Agreement.

Warranties

Uatag guarantees the quality of the tags for 2 calendar years (the “warranty period”) from the moment of production of the relevant parcel. During the warranty period, the tags will allow the consumer to verify the authenticity of the Client's products with tags.

Tags with defects due to the fault of Uatag shall be replaced free of charge within 10 business days from the date of Uatag’s notification of the defect by the Client. Tags that have been damaged as a result of improper use, storage (for example, after contact with chemicals, corrosives, open flames etc.), misuse or after attachment to the product are not considered defective.

This Service is provided to you “as is”. Uatag makes every effort to ensure the uninterrupted operation of the Service both for the Client and the User. In case of technical problems or consumers’ complaints relating to the improper operation of the Website, Uatag does its best to immediately resolve the matter.

We are not making any promises of any kind, including about the Service’s accuracy, usefulness, reliability and correct operation. Uatag does not guarantee that Service will be uninterrupted or secure, that any defects will be corrected. In case of the Service’s malfunction, please contact us at info@uatag.com.

Except as mentioned in the Terms, Uatag disclaims all warranties, to the fullest extent permitted by law, with respect to the Service, its functionality and Content, as well as tags, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights of the third parties or other rights.

Liability of the Parties

The parties are liable for non-compliance or violation of the provisions of this Agreement in accordance with the current legislation of Ukraine.

Uatag is not responsible if any information, materials, content available through the Service are inaccurate or incomplete, as well as for typographical errors or omissions in texts or other materials after their approval by the Parties.

Uatag shall not be liable in cases of damaged tags, incorrect tags attachment and purchase by consumers of products with such tags. A damaged tag attached to the product is a precedent for removing products from the point of sale and does not guarantee the authenticity of the products.

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 disclaimers of warranties and limitations of liability do not apply to the extent prohibited by law.

Indemnification

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 Service, content or features available through the Service, our tags (iii) a violation by you of applicable laws or any agreement or terms with a third party to which you are subject or (іv) consumers’ complaints not related to the operation of the Service.

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) in connection with the defense or settlement of the foregoing, because of your use of the Service or 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.

Confidentiality

For the purposes of this Agreement “confidential information” means any information provided by one Party to another in printed, electronic or oral form, including, without limitation, scientific, business and commercial data, know-how, formulas, processes, developments, sketches, photographs, plans, drawings, technical requirements, sample reports, models, customer lists, price lists, researches, obtained data, software, inventions, ideas and any other information provided under this Agreement; information on commercial activities of a Party; as well as all information transmitted by one Party to another and identified by the disclosing Party as the confidential information.

The Parties undertake to maintain the confidentiality and not to disclose such information without the prior written permission of the disclosing Party within 3 years upon the termination of this Agreement, except for the information that: -was or became well known at the time of its disclosure; -has become known to the receiving Party from another source; -was known to the receiving Party prior to its disclosure; -was disclosed to third parties for the purpose of implementing this Agreement.

Applicable law and dispute resolution

These Terms are written and interpreted in accordance with the current legislation of Ukraine.

You agree that any dispute, conflict, claim directly or indirectly related to the Service or these Terms, including, without limitation, those relating to their validity, interpretation or application are to be settled by the Parties by means of amicable negotiations in accordance with the principles of good faith and cooperation. If the consensus may not be reached by the negotiations, the dispute shall be resolved in accordance with the current 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.

Term and Termination

The Client may terminate this Agreement by notifying Uatag, provided that there is no debt to Uatag and the Client terminates its use of the Service. Uatag may terminate the Agreement at any time due to Client’s breach of these Terms or failure to comply with its obligations to accept and pay for the ordered tags.

As a result of the termination of this Agreement: - The Client may use only the limited functionality of its Account, which allows consumers to activate the tags attached to the products purchased and sold by the Client; - Uatag may delete any data related to the Client and its use of the Service without liability to the Client; - Any licenses and permissions under these Terms shall terminate; - The Client pays Uatag all debts for manufactured tags / services rendered.

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.

Contact information

If you have any questions or comments about these Terms & Conditions, the Website or activities of Uatag, please contact us by:

info@uatag.com
+38 (096) 383-4754
+1 (416) 239-2022 EXT 1
79000, 4a George Washington st., corp. 11, Kyiv, Ukraine

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