• This Terms of Use (this “Agreement”) is made and entered into by and between you, as a User (as defined below), and Ukrbuscomm Llc., a Ukrainian limited liability company (hereinafter - "Vendor”) doing business as Octobus. This Agreement contains the terms and conditions that govern the use of Octobus’ all-in-one platform for the bus operators (the “Platform”).
• In accordance with the terms of this Agreement, the Vendor grants to the User a non-exclusive and non-transferable right to use Octobus within the service package specified in Pricing section of Octobus website https://octobus.io.
• The term "Platform" for the purposes of this Agreement means the object of copyright (a set of instructions in the form of words, numbers, codes, diagrams, symbols or in any other form, expressed in a form readable by a computer, which leads its action to achieve a specific goal or result).
• The User does not receive ownership or copyright to the Platform or its parts.
• The Vendor guarantees that he has the exclusive right to give access to the Platform and the fact of transfer of the right to use the Platform to the User under this Agreement may not cause any harm to any third parties.
• The User starts using the Platform after receiving the appropriate access to account (login, password) from the Vendor.

• The cost of using the Platform (License Fee) is payable by the User to the Vendor for each month of use of the Platform.
• For using the Platform for each billing period, the User pays the Vendor the amount in accordance with the service package.
• The license fee for the access to the Platform may be revised by the Vendor unilaterally.
• The Vendor may charge additional fees for exceptions processing, setup, and other special services (including optional add-on services).
• In case of delay by the User of the License Fee, the Vendor has the right to deprive the User of access to the Platform on the 3rd (third) calendar day of delay in making such payment.

• “Octobus Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and documents, information, or other materials that are posted, generated, provided, or otherwise made available through the Platform. Octobus and its licensors exclusively own all worldwide right, title, and interest in and to the Octobus Content, and also in and to the Platform, including in each case all associated intellectual property rights (“Octobus IP”).
• The User agrees not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform, or Octobus IP.
• Subject to User's compliance with this Agreement, the Vendor grants the User a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, and download Octobus Content solely in connection with User's permitted use of the Platform for User’s own behalf.
• Vendor warrants to correct errors and bugs found by User in the operation of the Platform recognized by User and to provide the Licensee with a corrected version of the Platform free of charge.
• User agrees not to take any of the following actions:
• • Use the Platform other than as authorized in this Agreement;
  • Resell, sublicense, timeshare, or otherwise share the Platform with any third party;
  • Display, mirror, or frame the Platform, or the layout or design of any page on the Platform or form contained on a page; Octobus Content or any individual element within the Platform, including Octobus’ name and any Octobus trademark, logo, or other proprietary information, in each case, without Octobus’ express prior written consent;
  • Access, tamper with, or use non-public areas of the Platform, computer systems, or the technical delivery systems of Octobus’ providers;
  • Interfere or attempt to interfere with the proper working of the Platform (including but not limited to any application, function, or use of the services) or any activities conducted on the Platform;
  • Take any action that imposes or may impose (as determined by Octobus in Octobus’ sole discretion) an unreasonable or disproportionately large load on Octobus infrastructure;
  • Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation through the Platform;
  • Use any meta tags or other hidden text or metadata utilizing an Octobus trademark, logo, URL, or product name without Octobus’ express written consent;
  • Use the Platform for any purpose other than Licensee’s internal business purposes, or for the benefit of any third party or in any manner not permitted by this Agreement;
  • Engage in any fraudulent, deceptive, or illegal practices or activities, or use the Platform to directly or indirectly support any such practices or activities;
• Vendor makes no representations or warranties about the Platform’s uptime, availability, or permissibility in any particular geographical location.
• From time to time, scheduled system maintenance or emergency maintenance may occur, and during such maintenance periods, the Platform may be inaccessible and unavailable, with the notice to User.

• If the User becomes aware of, or reasonably should have been aware of, any facts, issues, information, or circumstances which are reasonably likely, whether alone or in combination with any other facts, issues, information, or circumstances, to lead to a claim against the Vendor or the User in connection with this Agreement, User must use reasonable efforts to mitigate any loss that may give rise to such a claim.
• In case of impossibility to mitigate the dispute through negotiations between the Parties, these disputes shall be resolved according to European legislation.

• The Services and this Agreement will continue until they are terminated by either party.
• Parties may terminate the Services and this Agreement by giving each other at least thirty (30) days’ prior written notice.
• Vendor may immediately suspend or restrict the User’s Account; suspend or restrict User’s access to the Platform or immediately terminate the services and this Agreement, in the event that:
• • Vendor has any reason to suspect or believe that the User may be in violation of this Agreement;
  • Vendor believes that User has misrepresented any data or information or has engaged in fraudulent or deceptive practices or illegal activities;
  • Vendor has determined that the User is behind in payment of fees for the services and User has not cured such non-payment within five (5) days of Vendor providing the User with notice of the non-payment.