License Rules
Last Updated: 26.06.2023
These License Rules set the limits for the use by Licensee of the edna computer program (hereinafter referred to as the System) provided to the Licensee in accordance with the conditions of the Terms, the terms of which are located at edna.io/company/legal/terms-and-conditions.
1. The Licensee undertakes to use the System strictly in accordance with the terms of the License Rules and the Terms. Violation of these conditions by the Licensee may serve as a basis for the Licensor to terminate the Terms unilaterally.
2. The Licensee shall use the System on the territory of the whole world (except for the Russian Federation), within the following limits during the term of the License:
- the use of the System in accordance with its functionality, provided through remote access (information and telecommunications network Internet), carried out by the Licensee through a graphical interface (GUI) and / or program interface (API), for the purpose of providing and servicing the commercial activities of the Licensee
- the Licensee is not entitled to use the System for the purpose of selling services / services for sending / sending and exchanging SMS messages, messages via WhatsApp and (or) Viber messengers, PUSH messages.
3. For the purposes of the proper operation of the System with PUSH functionality, the Licensor grants the Licensee the right to use the System module – “edna-pushsdk” (hereinafter referred to as the “SDK”), under the terms of a simple (non-exclusive) revocable royalty-free license. The Licensee undertakes to integrate the SDK into its software and set up the transfer of information in accordance with the connection conditions posted on the Internet at: https://docs.edna.io/kb/adding-push-channels/ .
3.1. The Licensee is granted the right to use the SDK in countries around the world (except for the Russian Federation) for the period specified in the Terms, which includes the following methods and limits:
- Integration of the SDK with the Licensee’s software for the purposes of the Licensee providing services to its clients. The Parties have agreed that when integrating the SDK, the Licensee does not acquire any rights to the SDK, the Licensee does not create any derivative works that include the SDK.
- The right to bring the SDK to third parties as part of the distribution of the Licensee’s software. The right to sublicense the SDK as part of the Licensee’s Software is only for the benefit of the end users of the Licensee’s Software/clients of the Licensee.
3.2. The use of the PUSH channel is carried out by the Licensee after the provision of the relevant License and subject to the setting of the SDK. The setup procedure is available at https://docs.edna.io/kb/adding-push-channels/. The Licensee guarantees the speed of sending push messages at a level of at least 20 (twenty) messages per second. It is possible to specify a larger limit (50, 100) by agreement with the business partner of the System; though it should be noted that it would affect the price.
4. The Licensee shall not be entitled to perform any actions in relation to the System as a whole or its components individually that violate international legal norms, except for use in the way expressly provided for in these Rules, the Licensee shall not have any other rights to the System both as a whole and for its components separately. In particular, the Licensee shall not have the right to change, decompile, disassemble, decrypt and perform other actions with the object code of the System, including for the purpose of obtaining information about the implementation of algorithms, determining ideas and principles used in the System, create derivative system products using the System, reproduce, otherwise than specified in the Terms and these Rules, and distribute the System, investigate and modify the structure and format of data storage, in particular, stored procedures, tables, DBMS views, service files, etc., change images and other components of the System, as well as exercise (permit) other use of the System, without the written consent of the Licensor. In the event that the Licensee performs any of the actions specified in this clause, the Licensor reserves the right to unilaterally terminate the Terms at any time by notifying the Licensee in writing 5 (five) business days prior to the termination date.
5. The System shall be provided as a single product, its components cannot be separated and used separately. In particular, separately stored procedures, tables, views of the database management system, dynamic link libraries, service files, etc. cannot be used.
6. The License for the System shall be valid for the entirety of the System, i.e., a set of data and commands presented in an objective form, intended for the operation of computers and other computer devices, in order to obtain a certain result, and audio-visual displays generated by the System. At the same time, the Licensee shall not be granted the right to separate use of the System’s components.
7. The System shall be provided “as it is”. The Licensor shall not guarantee that the System meets the expectations and perceptions of the Licensee, analogues, standards not described in the specifications, shall not contain errors.
8. To the maximum extent permitted by applicable law, the Licensor shall not be responsible for any direct or indirect consequences of any use or inability to use the System and shall not compensate for any damage caused to the Licensee and / or third parties as a result of using or not using the System, including due to possible errors or failures in the operation of the System. The Licensor shall not guarantee the joint operation of the System with the system software and equipment of third parties and organizations, in particular with equipment released later than the versions of the System provided to the Licensee.
9. The Licensor guarantees that it has the right to sublicense the rights to use the System. The Licensor also guarantees that the System does not use any elements in violation of the rights of third parties.
10. During the term of the Terms, the Licensor shall undertake to refrain from any actions that could complicate the exercise by the Licensee of the rights granted to the latter in accordance with the terms hereof and these Rules.
11. The Licensor is not responsible for the impossibility of using the System due to the inoperability and (or) blocking of providers (owners of relevant messengers / applications) / operators (organizations providing telecommunications services to addressees or the Licensee), inactivity and (or) blocking of providers’ products or other prohibition / obstruction by other / third parties of the activities of operators / providers and (or) their products, including, but not limited to: Meta Platforms Inc. (its affiliates), Viber Media S.à r.l., APNS (Apple Push Notification Service), FCM (Firebase Cloud Message) and HCM (Huawei Mobile Services), which ensure the delivery of messages to addressees.
12. For the avoidance of doubt, the Parties have agreed that the Licensor is not responsible for the content of the messages or for the presence of the addressee’s consent to receive messages, since the Licensor does not monitor (pre-moderation) messages sent by the Licensee through the System.
13. The Licensee undertakes not to use the System to transmit or receive materials of a rude, offensive, humiliating or threatening nature, in violation of copyright and other rights or materials contrary to applicable law.
14. The Licensee undertakes not to use the System to distribute messages, that the Licensee may send when receiving the appropriate License from the Licensor (hereinafter referred to as messages), advertising or other nature, sent to the Licensee’s clients / Licensee’s users (hereinafter referred to as the addressee) without their prior consent. In case of non-confirmation or withdrawal of the addressee’s consent to receive the relevant messages, the Licensee undertakes to stop sending messages to the System for such addressees. The Licensee undertakes to provide the Licensor with the reasoned requested copies of documents confirming the Licensee’s right to send messages to the addressees in a timely manner and in full. The licensee independently decides with the addressees the issue of consent to receive messages.
15. The Licensor has the right to unilaterally change the term of the Rights granted if the addressee’s consent to receive messages is not received or withdrawn; if the Licensee’s messages: do not meet the Licensor’s requirements in terms of their technical characteristics; contain advertising that does not meet the requirements of the PNS advertising policy; do not correspond to reality, the requirements of applicable legislation, internal standards of the Licensor and (or) Of the Provider, may damage the business reputation of the Licensor and (or) the Provider; violate the intellectual rights (copyright and/or related rights) of third parties; do not comply with the requirements of applicable advertising legislation.
16. In case of termination of the Terms, in the manner set in the Terms, the License fee paid by the Licensee shall not be returned to the Licensee.
ADDITION TO LICENSE RULES
The procedure for providing warranty technical support
1. Terms and definitions
Licensor shall mean MF Management Ltd., who has the rights from the copyright holder and developer of the System to grant sublicense to the said System;
System shall mean computer program “edna Pulse”;
Warranty technical support shall mean a list of activities described in this document and performed by the Licensor, the purpose of which is to ensure the uninterrupted operation of the System in accordance with the declared characteristics;
Service Desk shall mean a system for registering and accounting for Requests;
Planned maintenance work shall mean a set of preventive works aimed at maintenance or modernization of the System;
Urgent works shall mean a set of unscheduled works that are required to be carried out promptly to eliminate or prevent emergencies and malfunctions of equipment, networks, engineering systems and infrastructure of the Licensor. Performed by the Licensor and/or third parties;
Request shall mean a message from the Licensee to [email protected]. The request can be classified as an Incident, a request for consultation or a request to change the System settings;
Incident shall mean a discrepancy between the actual behavior of the System and the behavior provided by the manufacturer and/or described in the terms of reference/operation manual of the System, which is stably reproduced under certain conditions and is not caused by incorrect settings, user actions or other external factors;
Response time to a Request shall mean the period of time from the moment of registration of the Request in the Service Desk until the start of work on this Request;
Request resolution time shall mean the period of time from the moment of receipt of the Request to the Resolution of the Request;
Resolution of the Request shall mean restoring the regular operation of the System or providing information that allows you to restore the regular operation of the System, or providing advice, or applying the requested settings of the System;
Temporary solution shall mean a method of quick partial resolution of the Request by taking non-standard measures or by limiting the use of certain functionality.
2. How the System works
2.1 Access to the System is provided around the clock every day (24 hours a day, 7 days a week, 365 days a year).
2.2 The Contractor in its area of responsibility ensures the availability of the System functionality for the Client for at least 99.5% (Ninety-nine point five percent) of the time during the reporting period. Contractor’s area of responsibility:
- reception by the System of Messages from the Client, their processing and transmission to the Service Provider;
- reception by the System of messages from the Service Provider (incoming messages from clients), if such functionality is available in the connected channel or channels;
- availability of interfaces for interaction with the System – graphical interface, API.
2.3 The Contractor is not responsible for interruptions in the availability of the System that occurred as a result of power supply problems, fires, acts of terrorism and other force majeure circumstances, as well as a result of circumstances arising from the fault of Internet service providers, the Service Provider.
2.4 The Contractor has the right to temporarily suspend access to the service for carrying out Planned maintenance and Urgent work with the System. The Contractor notifies the Client at least 1 (One) business day in advance, indicating the date, time and duration of the Planned maintenance work. The Parties agree to qualify these interruptions as normal operation of the System and not to include such interruptions during the System’s unavailability.
2.5 Scheduled maintenance work is carried out mainly in the interval from 21-00 to 07-00 Cyprus time.
2.6 Urgent work is carried out when there are interruptions in the operation of the System, significant deterioration in quality parameters or deviations from the equipment operation mode, which may further lead to an accident condition.
2.7 The Contractor informs the Client about emergencies that led to a break in providing access to the Software within not less than 30 (Thirty) minutes from the moment such a situation was recorded.
| Name of works | Duration and intervals between breaks | Client Notice |
|---|---|---|
| Planned maintenance works | The total duration of breaks is not more than 16 hours per month | At least 24 (twenty-four) hours before the start of the break by sending information to the Client’s contact person |
| Urgent works | The break time is equal to the actual time required to eliminate / prevent emergencies and / or malfunctions | Not less than 30 (Thirty) minutes after the start of the break by sending information to the Client’s contact person |
3. Technical support
3.1 The mode of operation of the technical support service is 24 hours a day, 7 days a week, 365 days a year.
3.2 The schedule for handling claims for warranty technical support depends on the type of Case and is described in section 2.8 of this document.
3.3 Technical support is provided during the period of validity of the rights granted to the Licensee for the System.
3.4 As part of the technical support of the System, the Contractor provides the following services:
- operational monitoring of the performance and quality of the provision of the System’s functionality;
- elimination of errors in the operation of the System that caused interruptions in the provision of the System’s functionality;
- informing the Client about the planned technical work on the System;
- acceptance and registration of Client requests;
- implementation of changes in the configuration of the Platform to ensure high-quality provision of the System’s functionality;
- identification of the causes that led to a significant deterioration or blocking of the standard processes of the System;
- providing advice to the Client on the operation of the System.
3.5 All requests for technical support are registered by the Licensee in the form of messages to the e-mail of the System technical support service ([email protected]), where further the Parties record all interaction on their further processing.
The Request must contain the following information:
- when the problem occurred;
- login/email of the user who has a problem;
- a detailed description of the problem in free form with an attachment of a screenshot of the device indicating the error;
- an indication of what the problem is affecting.
3.6 The technical support service in a response letter reports the fact of registration of the request, the number of the Request in the ServiceDesk of the Licensor and assigns a priority depending on the criteria:
| Criteria | Priority |
|---|---|
| Complete or partial unavailability of the System is fixed.Examples:– lack or difficulty of access to the System;– the inability to perform the main business operation – mailing due to a system error.Important! System errors do not include mailing blocking for reasons beyond the control of the performer. For example, blocking the distribution due to lack of funds on the balance or blocking the Client’s account / license. | Blocking |
| A problem is fixed that leads to a significant deterioration in the standard processes of the PlatformExamples:– inoperability of one of the System functions, with the exception of mailing lists;– the inability to receive reports on mailings. | High |
| A functional defect leading to partial inoperability of the System upon certain actions of the userExamples:– files with a certain extension are not loaded;– unstable operation of the API (call of API methods periodically fails). | Medium |
| Performing system settings that do not affect the functioning of the main processes of the PlatformExamples:– providing access to the System for a new user;– creating an application for connecting an additional communication channel;– assistance in registering a message template with telecom operators. | Medium |
| Defects that do not affect the functioning of the main processes of the Platform.Examples:– technical defects that are not business-critical for working in the System;– GUI bugs. | Low |
3.7 The Contractor provides a decision on the Request within the timeframe determined by the priority of the Request:
| Priority of Request | Response time | Request resolution | Request processing schedule |
|---|---|---|---|
| Blocking | No more than 20 minutes | No more than 12 hours | 24 х 7 |
| High | No more than 30 minutes | No more than 5 days | 24 х 7 |
| Medium | No more than 4 hours | No more than 14 days | From 10 to 19 on weekdays |
| Low | No more than 8 hours | No more than 30 days | From 10 to 19 on weekdays |
3.8 When calculating the time for resolving a Request, only the actual time the Contractor has been working on the Request from the moment of registration is taken into account. The time when the request was transferred to the side of the Service Provider, as well as the time the Contractor waits for the provision of additional information from the Client, is not taken into account.
3.9 The time for resolving an Request on the side of the Service Provider is determined by the Service Provider, and the time for resolving an Request on the side of the Contractor is determined by the Contractor. Information on the progress of the resolution of the Request on the side of the Service Provider is transmitted to the Client as it becomes available.
3.10 If, in the process of working on the Request, the Contractor comes to the conclusion that the Client needs to provide additional information to resolve the Request, the Contractor requests, and the Client provides such information if its provision does not violate other obligations of the Client, and he has the requested information.
3.11 If an Incident is not reproducible on the Licensor’s infrastructure, the Licensee shall provide remote access to a device where it reproducibly sustainably.
3.12 Having resolved the Incident, the Licensor informs the Licensee about it. Within 2 (Two) business hours from the moment of receiving information about the resolution of the Incident, the Licensee provides confirmation of the resolution of the Incident by sending a message to [email protected] or informs the Licensor about the reasons why he refuses to confirm the resolution of the Incident. If the Licensee does not provide the specified notification within 2 (Two) business hours, the Incident is considered to be resolved.
3.13 In case of critical situations that require immediate resolution, additional interaction can be carried out by contacting the Contractor’s technical support team.