Terms & Conditions

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General Provisions

The owner of this Platform is Lviv IT Cluster, located in Lviv, Ukraine. By using this Platform or its content, directly or through third parties, you agree to comply with and act in accordance with these Terms of Use. In particular, you agree not to take actions prohibited by paragraphs 2 and 4 below. If you disagree with these Terms of Use, you cannot and agree not to use this Platform and its content.

Lviv IT Cluster (non-profit organization Association “Lviv IT-BPO Cluster Association”) – is the administration of the Platform, a legal entity – the rights holder.

User – a representative of a company  to whom Lviv IT Cluster has granted the right to create an account and use the Platform.

Company – a legal entity registered in accordance with the current legislation of Ukraine, which is a member of the Lviv IT Cluster Association or another company that has passed the verification procedure and been approved by Lviv IT Cluster. 

Approved company – a company that meets the criteria for cooperation with Lviv IT Cluster, which are highlighted at the following link. Companies that meet these criteria receive the status of «Approved Company» and can fully use the functionality of the Platform. If a company is a member of Lviv IT Cluster, it automatically receives the status of an «Approved Company» and is not required to undergo additional procedures to verify compliance with the criteria.

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Permitted use

It is prohibited to use this website (including the mobile application and any web page and/or data passing through the codeua.com web domain), as well as core computer programs (including applicable application programming interfaces (“APIs”), domain names, uniform resource identifiers (“URLs”), databases, functions, or content for any purpose other than personal, non-commercial purposes. The use of any automated system or software regardless of whether it is controlled by a third party or otherwise, to extract any data from this website for commercial purposes (“screen scraping”) is strictly prohibited. In addition to the above, the following are also prohibited:

  • Posting knowingly inaccurate and/or false information. Lviv IT Cluster reserves the right to delete such information.
  • Not posting information or taking other actions that may deceive other Users and/or Lviv IT Cluster. Lviv IT Cluster reserves the right to delete such information.
  • Creating multiple accounts if they actually belong to the same company or customer. Lviv IT Cluster reserves the right to delete all duplicate accounts, leaving only one.
  • Do not post images, profanity, or other materials that may harm the Platform, Users, Lviv IT Cluster, or third parties. Lviv IT Cluster reserves the right to block access for violators temporarily: 
  • for the first violation – from 24 to 48 hours of temporary access blocking;
  • for the second violation – up to 10 calendar days of temporary access blocking;
  • for the third violation – permanent access blocking and user account deletion.
  • Not posting information that violates the legislation of Ukraine, including calls for the violation of the territorial integrity of Ukraine, recognition of illegal administrative-territorial formations on the territory of Ukraine, information containing names, symbols, propaganda of separatist, terrorist, Nazi, or communist organisations and formations, discredit of the Armed Forces of Ukraine, as well as any other information that may contain signs of information subversion activities against the state of Ukraine. Lviv IT Cluster reserves the right to temporarily/permanently block access for violators.
  • The person registering the company must be an authorised representative of the Company:
  • the authorised person of the company that is a member of the Lviv IT Cluster Association – is confirmed by registering from the corporate email of the member company on the Platform

or 

  • The authorized person of a company that is not a member of the Lviv IT Cluster Association – is confirmed by sending a letter from the corporate email of the company that is not a member of the Lviv IT Cluster Association to the Lviv IT Cluster email with data confirming the representative’s authority (for example, an extract, certificate, order, etc.). Lviv IT Cluster reserves the right to delete an account created violating this rule.

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Reservation of all rights to ensure permitted use and/or prevent unauthorized use

CodeUA reserves the absolute right to take all actions it considers necessary against all parties, howsoever involved in the unauthorised use of its Platform and without notice, to vindicate its rights and prevent such unauthorised use, including using blocking technology (which may itself involve conducting automated searches of such parties’ websites, screen scraping therefrom, causing such parties to screen scrape CodeUA Team’s Platform, breaching the terms of use such parties’ websites, or any similar or associated actions) and/or issuing legal proceedings.

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Consent to Lviv IT Cluster investigating reaches

CodeUA Team reserves the full right to conduct all necessary investigations (using technology or other means) of any violations of these Terms of Use. By accessing this Platform, you agree to CodeUA Team conducting all necessary investigations to prevent unauthorised use of the Platform.

4.1. Investigation Authority:

 The CodeUA Team has the right to monitor your activity on the Platform to detect possible violations of the Terms of Use. CodeUA Team may use various technological tools, including but not limited to software for anomaly detection, log analysis, IP address tracking, and other cybersecurity methods.

4.2. Cooperation with Users:

 You agree to provide all necessary information and cooperate with the CodeUA Team in the investigation process. CodeUA Team may request additional data from you, such as copies of documents, screenshots, or other evidence confirming your activity on the Platform.

4.3. Confidentiality and Data Usage:

 All information collected during the investigation will be used solely to ensure security and compliance with these Terms of Use.

 CodeUA Team maintains the confidentiality of the collected information, except where its disclosure is necessary for lawful investigation or under the requirements of Ukrainian law.

4.4. Consequences of Violations: 

In case of violations, the CodeUA Team reserves the right to take appropriate measures, including but not limited to suspending or terminating your account, restricting access to the Platform, notifying relevant authorities, or taking other legal actions.

4.5. Changes to Investigation Terms: 

CodeUA Team reserves the right to change this section at any time. All changes take effect upon publication on the Platform. Your continued use of the Platform after changes are made constitutes acceptance of the updated terms.

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Intellectual property

All information, data, basic computer programs (including APIs), domain names, URLs, databases and materials presented on this Platform, including names, logos, program schedules, prices, etc., as well as the colour scheme and Platform layout, is subject to copyright, trademark rights, database rights and (or) other intellectual property rights. As required by applicable law, you may use such content only for your personal, non-commercial use. Any use and (or) reproduction of any content without the prior written consent of Lviv IT Cluster is prohibited. It will violate these Terms of Use and may infringe the intellectual property rights of CodeUA.

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Link to this website

You may only establish and/or operate links to this website with the prior written consent of the Lviv IT Cluster. However, the Lviv IT Cluster may request companies and partners to place a link to the Platform or to display the Lviv IT Cluster logo with a link on the respective companies’ websites.

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Limited liability

To the maximum extent permitted by law, Lviv IT Cluster shall not be liable for any losses or expenses arising from the use of this Platform or any website linked to this Platform or from the use of information provided on this or any such website. By using this Platform, you agree to the following terms:

7.1. General Provisions:

  •  Lviv IT Cluster shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from using or unable to use this Platform. 
  • This includes, but is not limited to, loss of revenue, data, profits, opportunities, or business.

7.2. No Warranties:

  • All information and services on this Platform are provided “as is” without any warranties, express or implied, including but not limited to warranties of accuracy, reliability, fitness for a particular purpose, or non-infringement.

7.3. Third-Party Content Liability:

  •  Lviv IT Cluster is not responsible for any content, products, or services provided by third parties, even if they are accessible through links on our Platform. This applies to both content and services provided by contractors, partners, or other third parties not under the direct control of the Lviv IT Cluster.

7.4. No Liability for Contractors:

  •  Lviv IT Cluster shall not be liable for the actions or inactions of contractors who may perform work or provide services within this Platform. 
  • Any claims related to the actions or services of contractors should be addressed directly to the respective contractors.

7.5. Links to Other Websites:

  •  The Platform may contain links to other websites that are not under our control. Lviv IT Cluster is not responsible for such websites’ content or privacy policies. 
  • Your use of any such websites is at your own risk.

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Applicable law and jurisdiction

It is a condition precedent to the use of any Lviv IT Cluster website (LVIV IT-BPO CLUSTER ASSOCIATION), including access to information concerning information on events, expenses, etc., that any such party submits to the sole and exclusive jurisdiction of the Courts of Ukraine and the application of the law of that jurisdiction (unless otherwise provided by mandatory provisions of the consumer’s law), including any party who accesses such information or Platform objects on their own behalf or on behalf of others. In the absolute and sole discretion of Lviv IT Cluster, a legal proceedings may be initiated by Lviv IT Cluster against any party who violates these Terms of Use, at its option, in Ukraine, or at the place of violation, or at the place of permanent residence of such party, and if more parties, at the domicile of any of such parties, and all other parties will be subject to such jurisdiction.

Additionally, as the legal owner, Lviv IT Cluster has the following rights:

8.1. Protection of Intellectual Property:

  •  Lviv IT Cluster reserves the right to protect its intellectual property rights in any way, including but not limited to copyright, trademarks, patents, and trade secrets.
  • Lviv IT Cluster may initiate legal proceedings or other legal actions to protect and enforce our intellectual property rights in Ukraine and abroad.

8.2. Indemnification: 

  • Lviv IT Cluster can seek indemnification for any damages or losses arising from violating these Terms of Use. 
  • This includes costs for legal services, court expenses, and any other expenses related to investigating violations.

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User Interaction on the Platform

9.1 Responsibility of Parties in Contracting: 

  • When a user of the Platform (client) contracts another user of the Platform (contractor) found on the Platform, Lviv IT Cluster does not guarantee the successful execution of the contract, the quality of services or goods provided, and is not liable for any actions or inactions of the parties within this contract.
  •  All risks associated with contracting lie solely with the users of the Platform.

9.2 Initial Communication between Platform Users: 

  • The initial communication between Platform users (client and contractor) must occur on the Platform itself. 
  • Subsequent communications can be conducted on the platform or in any convenient format.

9.3 Mandatory Surveys on Contracting Results:

  •  Lviv IT Cluster conducts surveys on contracting results between Platform users (client and contractor) to ensure quality control and improve the Platform.
  • Participation in these surveys is mandatory for both parties after entering into a contract.

9.4 Efficiency of Company Selection:

  •  Lviv IT Cluster carefully selects companies to participate on the Platform, ensuring that all of them are verified and meet the criteria described in the “General Provisions” section. These criteria can be found here.

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Collection of statistical data for the operation of the Platform

Lviv IT Cluster may collect statistical data to improve the functioning of the Platform, analyse its efficiency and enhance the user experience. For this purpose, surveys may be conducted on the Platform, which is mandatory for all Users.

The Users shall fill in the relevant questionnaires within five (5) calendar days from their receipt date. In case of non-fulfilment of this obligation, Lviv IT Cluster reserves the right to temporarily suspend access to the account or delete the User’s account from the Platform.

The collected data is used exclusively in aggregate form for statistical and analytical purposes and does not contain personal identifiers. Lviv IT Cluster reserves the right to share this data with partners, including international organisations such as USAID, to support implementing projects to develop the platform and the IT sector in Ukraine. The data transfer is carried out in accordance with the norms of Ukraine’s current legislation and international data protection standards.

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Verification and publication of User data on the Platform

To ensure the transparency and reliability of information about the companies using the Platform, Users must undergo the verification procedure by providing their company’s current EDRPOU code. Verification is carried out using the YouControl service. Based on this information, a company page will be created on the Platform, which will display public data about the company, including, but not limited to, information from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations.

The User agrees to publish such verification data of his/her company on the Platform, understanding that this data is available to other Users of the Platform and is displayed to ensure the transparency of business processes.

Company information is updated monthly according to the data received through the YouControl system. The User undertakes to keep their data up-to-date and promptly report any changes.

By agreeing to these Terms of Use of the Platform, the User agrees to automatically check and update company data through the YouControl system continuously.

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Compliance with Non-Discrimination Norms

When using the Platform, users must comply with non-discrimination norms established by Ukrainian legislation and international law, prohibiting discrimination based on race, colour, national origin, disability, age, gender, ethnic origin, sexual orientation, and other protected characteristics. All Platform users must ensure equal access to their services and benefits, avoid any form of discrimination, and ensure the accessibility and inclusivity of their programs and services for all individuals without exception, adhering to the principles of equality, fairness, and respect for the rights and dignity of every person