Terms and Conditions

LICENSING AGREEMENT FOR THE RIGHT TO USE THE 4LOGIST PROGRAM

This agreement is concluded between the License holder (Licensor) – UAB "Solario projektai", company code 304156786, registered address Subačiaus 17-10, LT-01300 Vilnius, Lithuania, and the License recipient (Licensee), i.e., a person permanently residing or having a place of business in the Republic of Lithuania and acquiring a non-exclusive right to use the 4logist program and gaining access to it.

This version of the Agreement came into force on March 1, 2024, and is valid until the License holder adopts and publishes a new version (or amendments to it). The Licensor has the right to unilaterally change this Agreement and other information published on the website www.4logist.com, and the Licensee undertakes to familiarize themselves with the current version of the Agreement and other information before acquiring the right to use the 4logist software (access to the software), as well as with subsequent changes to this Agreement and/or information. The current version of the Agreement is published online at: www.4logist.com/terms-and-conditions.

By acquiring the right to use the 4logist program, paying the Licensor remuneration for the right to use the 4logist software (access to this software) and using this software, the Licensee agrees to all the terms of this Agreement and subsequent updates or changes to this Agreement.

1. Concepts

1.1. The following concepts and terms in this Agreement, unless the context requires otherwise, are interpreted as follows:

1.1.1. Simple non-exclusive license – non-exclusive right to use a copy of the Software for one's own needs under the name specified by the Licensor without the right to modify or otherwise process and without the right to distribute.

1.1.2. License fee – the price for the right to use the Software.

1.1.3. Software – the 4logist software.

1.1.4. Server – the physical server for Software installation, the parameters of which are agreed upon in advance by the Parties.

1.1.5. Account – the Licensee's account in the Software.

1.1.6. Request – a request sent by the Licensee to the email address info@4logist.com or through the Account, describing the Licensee's wishes and questions related to the Software's operation.

1.1.7. Subscription period – the paid period for using the Software. The subscription period consists of the number of calendar months and/or other period agreed upon by the Parties.

1.2. Other concepts and terms not provided for in this Agreement are defined and interpreted according to the legal acts of the Republic of Lithuania.

2. Subject of the agreement

2.1. The Licensor undertakes to grant the Licensee the right to use the Software under the terms of a Simple non-exclusive license in the territory specified in section 2.3 of this Agreement, and the Licensee undertakes to pay for the use of the Software in the manner and under the conditions established in this Agreement. The Licensee's right to use the Software is implemented by granting the Licensee access to the Account in the Software.

2.2. All copyrights to the Software and any of its components and elements, including copyright objects and trademarks and other intellectual property objects contained therein, belong to the Licensor and are not transferred to the Licensee. The Licensee also does not acquire ownership rights to the Software or its constituent parts and is only a user of the Software belonging to the Licensor.

2.3. The Licensor grants the Licensee the right to use the Software in any territory where the Software can be used.

2.4. The Licensee settles with the Licensor for the right granted to the Licensee to use the Software (access to the Software) under the conditions and terms established in this Agreement.

2.5. The Licensor's right to use the Software is not exclusive. The Licensee has the right to grant an unlimited number of licenses to use the Software to other persons.

2.6. The Licensee has the right to submit a request to the Licensor for the Software to be adapted to the individual needs of the Licensee, for which a separate agreement is concluded between the Parties, in which additional conditions and price for the Licensee's right to use the Software, as well as conditions and price for adapting the Software to the individual needs of the Licensee are discussed separately.

2.7. This Agreement does not provide the Licensee with access to internet service provision, mobile devices, computers, software installation or diagnostic services, etc.

2.8. The Licensee does not have the right to transfer their right to use the Software and is responsible for actions performed in the Software on behalf of the Licensee using the Licensee's account by third parties.

3. Rights and obligations of the parties

3.1. The Licensee has the right to:

3.1.1. perform actions related to the Software operation, aiming for the Software to be used according to its purposes, including:

3.1.1.1. provide remote access to the Software to their employees;

3.1.1.2. provide access to information generated using the Software for the purpose of creating summary reports.

3.1.2. submit Requests to the Licensor regarding the use and operation of the Software, and receive Licensor consultations for these purposes.

3.2. The Licensee must:

3.2.1. use the Software only within the limits of the rights granted to them and in the manner provided for in this Agreement;

3.2.2. timely settle for the right to use the Software under the conditions established in this Agreement;

3.2.3. immediately inform the Licensor by email specified in section 1.1.6 of this Agreement about any technical malfunctions that prevent the Licensee from properly using the Software, describing the detected error and the actions that caused it as broadly as possible;

3.2.4. provide additional information to the Licensor about detected errors and, at the Licensor's request, perform actions necessary to detect and correct these errors.

3.3. The Licensee is prohibited from:

3.3.1. publishing or copying the Software, granting the right to use it to third parties;

3.3.2. distributing copies of the Software or its parts and/or performing other actions aimed at obtaining commercial benefit from third parties using the Software;

3.3.3. granting licenses to third parties to use the Software or its parts;

3.3.4. taking actions that would directly or indirectly violate the Licensor's copyrights to the Software;

3.3.5. attempting to circumvent technical Software limitations, overcome Software protection measures, etc.

3.4. The Licensor must:

3.4.1. within 5 (five) working days from the moment the Licensee fully settles for the right to use the Software for the ordered Subscription period, grant the Licensee the right to use the Software (access to the Software during the Subscription period);

3.4.2. provide the right to use the Software daily around the clock, except for periods when Software improvement/update work is performed, about which the Licensee is informed in advance;

3.4.3. provide consultations to the Licensee regarding the use of the Software through the Licensee's Account and/or by sending Requests to the Licensee;

3.4.4. taking into account the needs of Software users and technological possibilities, periodically improve and update the Software, the functionality of its constituent parts, correct programming or system errors noticed by Software users;

3.4.5. provide information about the latest Software updates released during the validity period of this Agreement, respond to the Licensee's Requests regarding the use and operation of the Software within a reasonable time;

3.4.6. taking into account the Licensee's Requests, eliminate Software operation malfunctions that occurred due to the Licensor's fault within a reasonable time (if technically possible).

3.5. The Licensor has the right to:

3.5.1. restrict and/or suspend the Licensee's right to use the Software if the Licensee violates the settlement terms provided for in this Agreement, and block the Licensee's access to the Account in the Software until payment is received;

3.5.2. unilaterally terminate this Agreement and cancel the Licensee's right to use the Software (access to the Software) if the Licensee violates this Agreement;

3.5.3. release new versions and/or updates of the Software, establish and/or change their technical support and maintenance conditions;

3.5.4. use the Licensee's logo/trademark on the Licensor's website www.4logist.com for Software advertising purposes, as well as in Software advertising materials.

4. Procedure for granting the right to use the Software

4.1. The Licensee, by filling out an application form, must register on the website www.4logist.com. The Licensor, upon receiving registration data on the website, provides the Licensee by email with the data required for access to the Account in the Software, i.e., username and password. From this moment, the Software testing period begins, which lasts no longer than 14 (fourteen) calendar days.

4.2. During the Software testing period or after its end, the Licensee submits a request to the Licensor for granting a simple (non-exclusive) Software license using the general email address info@4logist.com or by phone.

4.3. Upon the Licensee's request to acquire a simple (non-exclusive) Software license, the Licensor determines the License fee payable by the Licensee and provides the Licensee with an invoice.

4.4. From the moment the Licensee submits a request for granting a simple (non-exclusive) Software license, it is considered that the Parties have agreed on the conditions for acquiring a simple (non-exclusive) Software license.

4.5. The Licensee acquires from the Licensor the right to use the Software (simple (non-exclusive) license) by paying the corresponding License fee or refuses the right to use the Software. Refusal of the right to use the Software is considered non-payment of the first License fee or delay in paying the License fee for subsequent Subscription periods.

4.6. In case of refusal of the right to use the Software, the Licensor blocks the Licensee's access to the Account and/or terminates the storage of the Licensee's data on the server. If a certain period of time passes from the end of the trial period to the payment of the first License fee, the Licensor may restore the Licensee's access to the Account.

4.7. Upon receiving the License fee from the Licensee, the Licensor grants the Licensee permanent access to the Account during the Subscription period. The beginning of the next Subscription period is calculated from the moment when the Licensor receives the License fee for the next Subscription period according to the terms of this Agreement, but not earlier than the end of the previous paid Subscription period.

4.8. If the Licensee does not pay the License fee on time and/or refuses the right to continue using the Software, after 30 (thirty) days the Licensee's data is deleted from the Software.

5. License fee and payment procedure

5.1. The License fee is calculated based on the tariffs valid on the day of issuing the Licensor's invoice, which are published on the website www.4logist.com, or individually applicable tariffs for the Licensee.

5.2. The entire License fee is paid in advance, i.e., before the end of the Subscription period for which payment was made. The invoice is provided by the Licensor to the Licensee through the Account or by email.

5.3. The moment of settlement is considered to be the receipt of all funds in the Licensor's settlement account at the bank. All bank fees are covered by the Licensee. The paid License fee for the corresponding Subscription period is not subject to change.

5.4. The paid License fee is not refundable regardless of the fact and reasons for the termination or expiration of the Agreement.

5.5. The Licensor has the right to unilaterally change the tariffs for using the Software published on the website www.4logist.com. The Licensee is notified in advance about tariff changes. If the Licensee does not agree with the tariff change and/or the Parties do not agree on individually applicable tariffs for the Licensee, this Agreement is considered terminated from the moment when the Subscription period for which payment was made ends.

6. Force majeure

6.1. A party is released from civil liability for partial or complete non-performance of obligations if this occurred due to circumstances that arose after the signing of the Agreement, beyond its control and which it could not foresee and avoid (Force majeure). A party must immediately inform the other Party in writing about the occurrence of circumstances beyond its control. If the affected Party does not send information about the occurrence of such circumstances or sends it late, it must compensate the other Party for direct losses that arose due to missing or late information.

7. Liability of the parties

7.1. The Parties are liable for non-performance or improper performance of obligations under this Agreement in the manner established by the laws of the Republic of Lithuania.

7.2. If the Licensee does not pay the License fee within the terms established in this Agreement, penalty interest of 0.06 percent of the unpaid amount may be calculated for each day of delay in payment.

7.3. The Licensee, taking into account the functionality of the Software, independently decides on the necessity of using the Software in their activities. The Licensor does not assume responsibility for whether the Software and its functionality meet the License holder's goals.

7.4. The Licensee understands and has assessed the risk that the Software may have errors that may disrupt its operation, etc. The Licensee is aware that the Licensor does not assume any responsibility for direct or indirect losses that the Licensee may suffer due to Software operation malfunctions.

7.5. The Licensor does not assume responsibility for:

7.5.1. any actions of the Licensee related to the right granted to the Licensee to use the Software;

7.5.2. any damage suffered by the License holder due to loss and/or disclosure of their data required for access to the Software and/or contained in the Software;

7.5.3. the quality of services (especially data transmission services) required for using the Software, if they are provided by third parties engaged by the Licensor.

7.6. The Licensee confirms that they understand that in order to use the Software, the Licensee must have and use appropriate software (internet browsers, operating systems, etc.) and equipment (computers, network equipment, etc.) manufactured and provided by third parties, and the Licensor is not responsible for their improper operation.

8. Contract validity and dispute resolution

8.1. This Agreement is considered concluded as long as the Licensee has the right to use the Software and has paid the License fee.

8.2. If the Licensee does not pay the License fee on time and/or refuses the right to continue using the Software, this Agreement is considered terminated, and after 30 (thirty) days the Licensee's data is deleted from the Software. The validity of the Agreement may be renewed if the Licensee pays the License fee.

8.3. The Licensor has the right to unilaterally terminate this Agreement and cancel the Licensee's right to use the Software (access to the Account) if the Licensee otherwise violates this Agreement. In this case, the Licensee's data is deleted from the Software within 30 (thirty) days from the termination of the Agreement.

8.4. The Licensee does not have the right to transfer their rights and obligations arising from this Agreement to third parties without the Licensor's consent, except for mandatory cases of transfer of rights and obligations provided for in laws.

8.5. All disputes arising from this Agreement must be resolved through mutual consultations and negotiations guided by good faith.

8.6. If no agreement is reached within 30 (thirty) calendar days from one Party's written appeal to the other Party, disputes, disagreements or claims arising from or related to this Agreement must be finally resolved in Court according to the Licensor's place of business.

9. Personal data

9.1. The Licensor, by granting the right to use the Software, obtains the Licensee's consent to collect and process personal data about the Licensee and persons directly related to them (e.g., employees, representatives, clients, etc.), as well as the right to inform the Licensee about promotions and special offers throughout the Subscription period.

9.2. The Licensor collects, stores, uses and processes the specified personal data in compliance with laws regulating personal data protection, among other purposes, for the execution of this agreement, invoice issuance and accounting system administration, internal information system management, customer relationship management, and fulfillment of its obligations.

9.3. When executing this Agreement, the Licensor will process personal data of the Licensee and persons directly related to them (e.g., employees, representatives, clients, etc.), acting as a data controller, guided by laws and legal acts regulating personal data protection. The Licensee must inform the Licensor about the security measures they require when processing personal data.

9.4. The Licensor undertakes to maintain the confidentiality of the Licensee's and their contractors' commercial and personal data collected when the Licensee uses the Software, and to ensure through appropriate measures that third parties do not have the opportunity to illegally obtain and use this data.

10. Final provisions

10.1. The Licensee does not have the right to transfer their rights and obligations arising from this Agreement to third parties without the Licensor's consent, except for mandatory cases of transfer of rights and obligations provided for in laws.

10.2. The Parties execute the Agreement trusting each other and guided by good faith. In all cases not provided for in this Agreement, the Parties are guided by the legal acts of the Republic of Lithuania.

10.3. All mutual notifications of the Parties are submitted by email to the addresses specified in the Agreement or through the Licensee's Account in the Software.

10.4. The Parties must inform each other about changes in address, phone numbers, email address, and other details.

11. Licensor's details

UAB "Solario projektai"

• Company code: 304156786
• VAT code: LT100010226014
• Address: Subačiaus 17-10, LT-01300 Vilnius, Lithuania
• Bank account No.: LT417044060008103322
• Phone: +37069198902
• Email: info@4logist.com