Terms of use of the site

1. General rules and definitions

1.1. If you choose to use the aforementioned sites and their applications of CHAY SYSTEMS LTD, including RSS, API, software and other files, you agree to be bound by all the terms and conditions set forth in these Terms of Use of the Site (hereinafter referred to as the Terms).

1.2. We may change, add or remove parts of these Terms of Service at any time and such changes will be effective immediately upon posting. It is your responsibility to review these Terms before each use of the site and by continuing to use this site, you agree to any changes.

1.3. If any provision of these Rules or any future changes are unacceptable to you, you can cancel your membership by emailing CHAY SYSTEMS LTD : info@chay.systems (see section 9 on termination of access to the site). Your continued use of the site now or after the posting of notice of any changes to these rules will indicate your acceptance of these rules, including changes to them.

1.4. We may modify, suspend or terminate access to the Site at any time, including the availability of any information, database or content. We may also impose limits on certain features or restrict your access to part or all of the Site without notice or liability.

2. Site content

2.1. Materials published on the site are intended for your personal non-commercial use. All materials published on the site are protected by copyright and are owned or controlled by the Company or the party providing the content. You must comply with all additional copyright notices, information or restrictions contained on any page.

2.2. The content of the site is protected by copyright in accordance with the legislation of Ukraine and international copyright law. You may not modify, publish, transfer, participate in the transfer or sale, reproduce (except as provided in clauses 2.3, 2.4 and 2.5 of these Terms of Service), create new works, distribute, perform, or in any way use the content of the site (including software) in whole or in part.

2.3. You may download or copy the content of the site, other components and elements displayed on the site for personal use only, provided that all copyright and other notices contained therein are observed

2.4. Internet publications are allowed to use the information posted on the Company’s sites free of charge, provided that the hyperlink is open and the original source is mentioned no lower than the first paragraph. For print publications, reprinting of Company materials is permitted on a fee basis and only with the written consent of the editor. For mobile applications and SmartTV, the use of materials is permitted on a royalty basis and only with the written consent of the Company. For the mass media, it is allowed to use the information posted on the Company’s websites, provided that the original source is referenced. The use of information means any reproduction, republication, distribution, processing, translation, inclusion of its parts in other works and other methods provided for by the Law of Ukraine “On Copyright and Related Rights”.

2.5. The use of the Company’s materials posted on the chay.systems portal, through their full or partial reproduction by news aggregators, is permitted only with the written permission of the Company. “News aggregators” should be understood as any software, application, service or web resource that, using RSS feeds or in another way, collects the content of information resources and partially or fully reproduces them for users in the form of blocks, streams, “ribbons” » news, etc. The company grants written permission to use its materials at its discretion to the owner of the news aggregator based on his request sent in electronic form to the address support@chay.systems. The company reserves the right to request any additional information from the owner of the news aggregator during the review of the application, necessary for making a decision to issue a written permit. The use of the Company’s materials is possible only after obtaining the corresponding written permission, which can be sent to the postal address of the owner of the news aggregator or in electronic form to his e-mail address. The written permission may apply to a separate material (materials) or to all current and future materials on the resources of the chay.systems portal, and is valid for the period established therein.

3. User Content: Comments, Reviews, etc.

3.1. You are not permitted to upload, distribute or publish any defamatory, offensive, obscene, pornographic, repetitive (spam) or other illegal material.

3.2. Site materials should be used only in a non-commercial way. You may not, without Company’s specific approval, distribute or display any content, advertising, etc.

3.3. You acknowledge that any materials distributed by you (such as user-generated content, including but not limited to: comments, forum, messages, reviews, text, video, audio and photographs, as well as computer code and applications) may be removed or changed by the Company. You waive any rights you may have in the presence of such material on the site, and changes to the material may be made even if you do not agree. Materials may also be included in our RSS feeds, API, and available for republishing through other formats.

3.4. You grant to the Company a perpetual, non-exclusive, worldwide, royalty-free license to the materials you post, including an unrestricted right to the Company or any third party to use, copy, transmit, publish, distribute, create derivative works, modify and adapt the index, cache, tags, encode, (including without limitation the right to adapt to streaming, transmission, mobile, digital scanning or other technologies) in any form or media now known or hereafter developed, including including any publications posted by you on the site.

3.5. You are solely responsible for the content of your posts. The Company does not and cannot individually control all material and is not responsible for the content of these messages, the Company reserves the right to remove, move or edit Posts that the Company, in its sole discretion, considers offensive, defamatory, obscene, infringing copyright and trademark characters, or unacceptable.

3.6. You consent to the display and publication on the site of the material developed by you, as well as for offline advertising purposes.

4. Access and availability of services

4.1. The Materials may contain links to other World Wide Web Internet sites, resources, and advertisers. As we are not responsible for the availability of these external resources or their content, you should direct any concern regarding any external link to the site administrator.

5. Service Fees

5.1. Paid Services

The use of certain CHAY SYSTEMS LTD Services may be subject to payment of particular fees, as determined by CHAY in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Important: if you are a  Reseller User and your payment is made to the Reseller, then the provisions of subsections 5.1 (1), 5.1(4), 5.2, 5.3 (2), 5.4 (1) and 5.5  of this Section 5 with respect to such specific Paid Service may not apply to you and the payment and management of such Paid Service, shall be made directly with the Reseller according to the terms agreed upon between you and the Reseller.

1. CHAY will notify you of the Fees then in effect, you need to pay directly to CHAY in relation to the Paid Services you decide to purchase from CHAY. If you wish to receive or use the Paid Services, you are required to pay all applicable Fees in advance
2. CHAY reserves the right to change its Fees at any time in its sole discretion. CHAY will send a notice regarding the change to you or your Reseller if such a change will affect your existing subscriptions
3. you received a discount or other promotional offer, either from CHAY or from a Reseller, CHAY or the Reseller, respectively, shall have the right at the end of the applicable discounted period, to, automatically and without notice, renew your subscription to such CHAY Service(s) at the full then-current applicable Fee.
4. To the extent permitted by law (and unless specified otherwise by CHAY in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the CHAY Services, or to any payments or purchases made by you. If CHAY is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). CHAY is not responsible for any such additional fees or costs.
5. If you purchase Paid Services directly from CHAY, then as part of registering or submitting information to receive Paid Services, you also authorize CHAY (either directly or through its affiliates, subsidiaries other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries CHAY or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
6. You must keep a credit card stored with CHAY to pay for your Paid Services (“Stored Card”) that are purchased directly from CHAY. You will be able to identify your Stored Card by its last four digits on your Account Settings Page.

Some of our services cost money. We will let you know how much beforehand Our prices are stated in Euros and before taxes, unless otherwise said.

If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.

If you are a Reseller User then payment and management of Paid Service might be conducted directly with the Reseller.

5.2. Invoices

If you are a Reseller User and you pay the Reseller and not directly to CHAY SYSTEMS LTD, the following Section 5.2 does not apply to you.

CHAY and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by CHAY (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

Invoices for our paid services will be available in your user account unless you’re a Reseller User.

5.3. Subscription Auto-Renewals

1. In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option is turned off by you or your Reseller, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, (by CHAY or your Reseller), at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month.
2. Accordingly, where applicable and as for Fees paid directly to CHAY, CHAY will attempt to automatically charge you the applicable Fees using the Stored Card, within up to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, CHAY will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
3. By entering into these Terms of Use and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
4. You (or the Reseller from which you purchase the Paid Services) may turn off the auto-renewal option for Renewing Paid Services at any time via your User Account or by visiting CHAY Help Center.
5. Certain domains are subject to a different renewal policy as detailed at Web.com Reseller Domain Name Registration Agreement and Tucows Reseller Domain Name Registration Agreement, as applicable.
6. Notwithstanding anything to the contrary in the foregoing, you are, and shall be, solely responsible to verify and ensure the successful renewal of the CHAY Services you use (whether or not such CHAY Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any CHAY Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any CHAY Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against CHAY in relation to the discontinuation of any CHAY Services or Third Party Services, for whatever reason.

To make sure you don’t lose your domain or experience interruptions with your website at the end of your subscription period, we’ll automatically renew our service and bill you accordingly, in regular intervals as your initial subscription, unless you (or the Reseller you purchased the Paid Services from) turn-off auto-renewal.

Some services whether on purpose or mistake may not automatically renew. You should make sure that your subscriptions are renewed in time.

5.4. Money-Back Guarantee

If you are a Reseller User, and you pay the Reseller and not directly to CHAY,  Section 5.4 does not apply to you.

1. If you are not happy with your initial purchase of a Premium Plan, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Premium Plan (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of a Premium Plan which is an upgrade of a free website. The Refund is not applicable to any additional purchases, upgrades, modifications or renewals of CHAY Services. If you reside in a jurisdiction that requires a longer Refund Period, we will accommodate such requirements in accordance with all applicable laws. If CHAY receives such notice within the Refund Period, CHAY will refund to you the amount CHAY charged you for such CHAY Services, in the currency you were originally charged in, and cancel the services accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. CHAY will not be responsible for any differences caused by a change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you will be non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given by a User in bad faith or in an illegitimate attempt to avoid payment for services actually received, we reserve our right to still charge the User for any CHAY Services actually received, as permitted by the applicable law.
2. Please note: Certain services purchased on or through the CHAY Services may be non-refundable altogether. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the CHAY Website and/or as part of or during the process of purchasing such services or applications. It is your responsibility to verify the ability to cancel a service prior to its purchase. CHAY will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.

We are happy to offer a 14-day money-back guarantee for our monthly or annual paid services when first purchased. This may be extended according to the law. If you are a Reseller User and  pay the Reseller, this Section does not apply to you.

Please carefully check the terms of each service before buying, since some services are non-refundable.

5.5. Chargebacks

If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees due directly to CHAY, on your CHAY account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the CHAY Services may be automatically disabled or terminated.

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).

Your use of the CHAY Services will not resume until you re-subscribe for any such CHAY Services, and pay any applicable Fees in full, including any fees and expenses incurred by CHAY and/or any Third Party Services for each Chargeback received (including Fees for CHAY Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

If you have any questions or concerns regarding a payment made by you to CHAY, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the CHAY Services from being canceled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the CHAY Services purchased (and charged-back) by you.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and received or made use of the services rendered thereafter.

Chargebacks may bring us to cancel your account, so we urge you to avoid causing them. Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.

6. Cancellation

6.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any CHAY Services at any time, in accordance with the instructions available on the CHAY Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the CHAY Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period. Notwithstanding the aforesaid, any Paid Service (including Renewing Paid Services) purchased from a Reseller are subject to such cancellation terms as agreed between you and your Reseller.

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge, the cancellation request should be made – if purchased directly from CHAY,  at least fourteen (14) days prior to the expiration of the then-current service period, and if purchased and paid for to, a Reseller  – pursuant to the provisions of your agreement with the Reseller.

For more information about canceling the Paid Services you purchased from CHAY, please visit  CHAY Help Center.

For information about canceling Paid Services you purchased from a Reseller, please contact your Reseller.

You may cancel your account or any services at any time. Once we process your cancellation request, we will not charge you for any additional subscription renewals. Cancellation of Paid Service purchased from a Reseller are subject to terms agreed between you and your Reseller.

6.2. Cancellation by CHAY

Failure to comply with any of the CHAY Terms and/or to pay any due Fee shall entitle CHAY, among other things, to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related CHAY Services (e.g., Paid Services) or Third Party Services to you.

If you open a User Account via a Reseller or purchase Paid Services from a Reseller, then CHAY is entitled to suspend, terminate or block access to your User Account and User Platform (or certain features thereof) as well as to the provisioning of any related CHAY Services or Third Party Services to you, also if: (a) CHAY is requested to do so by your Reseller; or if (b) Reseller fails to pay CHAY any amounts due to CHAY pursuant to the Reseller Agreement. You consent to these suspension and termination rights and acknowledge and agree that CHAY shall have no liability to you of any kind with respect to any such suspension or termination. Your sole recourse with respect to any such suspension or termination shall be against the Reseller.

If you violate any of these terms or fail to make timely payments, or if you are a Reseller User and we’re requested so by the Reseller or if the Reseller fails to pay us,  we may suspend or cancel your account.

6.3. Loss of Data, Content and Capacity

If your User Account or any CHAY Services or Third Party Services related to your User Account are canceled (whether at your request or at CHAY’S discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). CHAY shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any CHAY Services following their cancellation, as determined by CHAY in its sole discretion.

Following the termination of your User Account or User Platform, CHAY reserves the right to delete all data in the normal course of operation. Data cannot be recovered once your User Account or User Platform is terminated.

7. Communication between the Company and users

7.1. If you fill out the registration form in order to receive certain information, we, as owners and successors, with the permission of certain third-party suppliers, will provide you with information about the materials published on the sites.

7.2. You provide, and the Company CHAY SYSTEMS LTD reserves the right to send to your e-mail information about changes or additions to the service on the sites.

7.3. The Company CHAY SYSTEMS LTD reserves the right to disclose usage and demographic information provided that it does not reveal your identity. Advertisers on our websites may collect and share personal information about you only if you confirm your consent. Please see our privacy policy for more information.

7.4. The Company CHAY SYSTEMS LTD may contact you by e-mail about your participation in a user survey, asking questions for the purpose of improving current or prospective materials. This information will be used to improve the sites and to better understand our users. Any information we receive in such surveys will not be shared with third parties, except in an aggregated form without revealing your identity.

8. Licenses and Software

8.1. You have no rights to the proprietary software and accompanying documentation, or to any improvements or modifications thereto (“software”), unless you have access to the site. You may not sublicense, assign or transfer any license granted by the Site, and any attempt at such sublicensing, assignment or transfer shall be void and unlawful. You may not copy, distribute, modify, adapt, or create derivative works from the Software.

9. Termination of access to the site

9.1. You can terminate your account at any time by contacting info@chay.systems . Upon completion, you will receive an automatic email confirmation that your account deletion request has been accepted, and your access will be suspended within 24 hours.

9.2. The Company may, at its sole discretion, remove or suspend access to all or part of the Site for any reason, including violation or failure to comply with these Rules.

10. Various

10.1. These Rules have been introduced and must be interpreted and applied in accordance with the laws of Ukraine. Any disputes regarding the implementation of these Rules will be resolved by the relevant court located on the territory of Ukraine.

10.2. Notwithstanding any of the foregoing, nothing in these Rules shall be construed to construe the provisions of the Privacy Policy.

10.3. Correspondence should be sent to info@chay.systems .

10.4. You agree to immediately notify us of any copyright infringement with respect to material on the Company’s sites. If you have any claims of copyright infringement regarding materials contained on the Company’s websites, please notify us at info@chay.systems .