Software Access Services Agreement

1. Preamble

Published Inc., a Delaware corporation with its registered address at 1111B South Governors Ave STE 47043, Dover, DE, 19904, USA (“Company”, “we”, “us”, “our” in all grammatical forms), offers software on a Subscription basis (“software as a service” (SaaS)) that enables Clients to create websites and upload, manage, and publish Client Content within their websites.

This Software Access Services Agreement (the “Agreement”) is entered into between the Company and a legal entity or an individual accepting this Agreement (“Client”, “you”, “your” in all grammatical forms).

Before obtaining the Services, please read the terms of this Agreement. If you do not agree with the terms of this Agreement, do not order the Services under this Agreement.

If you use our Services on behalf of another person (acting as an authorized representative), you confirm and warrant that you have the authority to accept this Agreement on behalf of such person.

To obtain the Services, Clients register at: published.ua, published.software, place an order in the Published! system, or use another available method (hereinafter all websites and systems of the Company are collectively referred to as the “Company Platform”).

2. Definitions

• “Published!” means software that provides the Client with functionality to create a Client Website and subsequently manage Client Content and information within the created Client Website.

• “Client Website / Website” means a collection of data and electronic (digital) information filled with Client Content, including objects of copyright and/or related rights, interconnected and structured within a unique address (domain name), access to which is provided via an Internet address.

• “Client Content / Content” means any materials uploaded by the Client or members of the Client’s team using Published!, including but not limited to texts, images, photographs, graphic materials, videos, audio files, logos, trademarks, data, links, documents, and any other materials, including intellectual property objects, used by the Client to populate the Client Website.

• “Account” means one registered Client with a unique email address. Within one Account, the Client may create or belong to one or more organizations and invite other users to an organization and/or to manage websites.

• “Personal Data” means information or a set of information about an individual who orders the Services or acts in the interests of a legal entity, as well as information about team members involved by the Client in their organization, by which such person is identified or can be specifically identified.

• “Subscription” means a form of using Published! under which the Client gains access to Published! according to the selected Plan for the Subscription Term, subject to payment of the applicable Fee. Paid Services may also be offered on a Subscription basis.

• “Services” means subscription-based software-as-a-service (SaaS) services under which we provide the Client with access to Published! for uploading, managing, and publishing Client Content on the Client Website.

• “Fee” means the monetary amount paid by the Client for Paid Services and/or a Subscription according to the selected Plan and Subscription Term, determined based on the selected functionality, usage parameters of Published!, and other factors specified by the Company.

• “Paid Services” means additional paid services offered on the Platform and ordered one-time or periodically by the Client and/or members of the Client’s team, which are not included in the selected Plan.

• “Plan” means a set of conditions for providing access to Published! that define the price, scope, composition, and/or limitations of the functionality of Published! provided to the Client. Plans displayed on the Company Platform are for informational purposes and indicate the minimum scope of Services and their minimum cost.

• “Subscription Term” means the period during which the Client has the right to use Published! in accordance with the selected Plan and/or Paid Services, starting from the moment the Fee is paid and lasting until the end of the paid period, unless otherwise provided by this Agreement.

• “Client Team Members” means persons invited by the Client to the Client’s organization to work in Published! and manage the Client Website with assigned roles.

3. Account and Access Terms

3.1. The Company provides Services to the Client on a SaaS basis, granting access to Published! in accordance with this Agreement.

3.2. To access Published!, you must register and create an Account on the Platform. Within one Account, you may manage multiple projects and websites, select multiple Plans, and subscribe accordingly. You may invite team members and assign roles and permissions. The Client is responsible for informing team members of this Agreement and ensuring their compliance.

3.3. The owner of a Client Website is deemed to be the individual or legal entity on whose behalf registration on the Platform was completed and whose email address was properly verified.

3.4. The Client selects a Plan offered by the Company. We reserve the right to change Plans, pricing, and characteristics or add new Plans. Changes do not affect already paid Subscriptions for their remaining paid term.

3.5. The Company may set different Plans with different pricing categories and limitations, including restrictions on storage, bandwidth, content volume, quality, format, sources, upload time, and number of team members.

3.6. We may monitor usage to verify compliance with Plan terms. The Client may upgrade or modify the Plan and Subscription terms and may hold multiple Plans and/or Subscriptions for one Client Website.

3.7. Under the “Custom” Plan, features and resources are defined individually by mutual agreement. Use of the Custom Plan is governed by this Agreement.

3.8. Services commence no earlier than receipt of payment.

3.9. Services are deemed provided upon granting the Client access to Published!.

4. Representations and Warranties

4.1. By entering into this Agreement, you represent and warrant that:

4.1.1. You will comply with this Agreement and applicable laws (including U.S. law and the law of your country of residence).

4.1.2. You are at least 13 years old (or 16 in the EU) or of legal age in your jurisdiction and have authority to enter into this Agreement.

4.1.3. All information provided is accurate, current, and complete.

4.1.4. Your country of residence and/or registration matches your contact and payment information.

4.1.5. You are not subject to sanctions and will not use the Platform in sanctioned countries or regions.

4.1.6. You order the Services for your own activities and will not transfer rights to third parties.

4.1.7. You will not use the Platform or Published! for illegal purposes.

4.1.8. You do not infringe third-party rights, including intellectual property rights.

4.2. In case of violation, the Company may refuse to enter into or may terminate this Agreement and seek compensation for damages.

5. Intellectual Property Rights

5.1. All intellectual property rights to the Platform and Published! belong to the Company.

5.2. No IP rights are transferred under this Agreement.

5.3. Access to Published! is granted solely for use under the selected Plan and Subscription Term. Reverse engineering, copying, or creating derivative products is prohibited.

5.4. All brand names and trademarks are protected by applicable law and may not be used by the Client.

5.5. By using Published!, you grant the Company a free, perpetual license to use the Client Website or logo for marketing purposes.

5.6. The Client may opt out of such use by written notice.

5.7. The Client uploads Content to populate and display the Client Website.

5.8. The Client confirms ownership of all rights to the Content. The Company is not responsible for third-party websites linked from the Client Website.

5.9. Prohibited Content includes, but is not limited to: pornography, unlicensed IP, exploitation of children or animals, spam, human trafficking, fraud schemes, misuse of personal data, harmful content, illegal goods, defamatory material, or other unlawful or harmful content.

5.10. Third-party services may impose additional terms on Content.

5.11. Deleted Content may remain cached temporarily by third parties.

5.12. The Company may remove prohibited Content or suspend Services without notice.

5.13. Complaints regarding IP infringement will be handled in accordance with law and this Agreement.

5.14. Repeated violations may result in termination.

5.15. The Client bears full responsibility for prohibited Content and resulting consequences.

6. Fees and Subscription Terms

6.1. Services are paid according to selected Plans and Subscriptions.

6.2. The Client may hold multiple Plans/Subscriptions simultaneously.

6.3. Prices may change prospectively.

6.4. Payments are made in advance via available payment systems and are deemed made in the USA.

6.5. Prices exclude taxes unless required by law.

6.6. Services are deemed accepted upon access to Published!.

6.7. Subscriptions renew automatically unless disabled.

6.8. Renewal dates depend on the original purchase date.

6.9. Long-term renewals may require advance notice.

6.10. The Company is not responsible for third-party payment system failures.

6.11. Payment is deemed made upon receipt of funds.

6.12. The Company is not liable for misunderstandings regarding payments.

6.13. The Client is solely responsible for ensuring timely renewals.

7. Cancellation and Refunds

7.1. The Client may cancel a Subscription; payments are generally non-refundable.

7.2. No refunds for unused periods.

7.3. The Company may suspend or terminate Services for breach.

7.4. Upon termination, the Client may request export of Content within 14 days.

7.5. Content transfer is subject to technical feasibility.

7.6. Mandatory legal refund rights prevail where applicable.

8. Limitation of Liability and Indemnification

8.1. The Company is not liable for indirect or consequential damages.

8.2. Services are provided “as is” without warranties.

8.3. No liability for lack of access due to technical issues.

8.4. Liability is capped at fees paid in the previous six months.

8.5. Force majeure applies.

8.6. Disputes are governed by Delaware law and courts.

8.7. The Client indemnifies the Company for losses arising from breaches.

9. Platform Usage Rules

9.1. All Services are governed by this Agreement.

9.2. The Client must not misuse the Platform, bypass security, provide false information, distribute spam, interfere with systems, introduce malware, harm reputation, or use for competitive analysis.

9.3. The Company may modify the Platform at its discretion.

10. Confidential Information

10.1. Parties must keep information confidential.

10.2. Each Party must protect confidential information.

10.3. Breaches must be reported promptly.

11. Personal Data

11.1. Personal data is processed in accordance with applicable law and the Privacy Policy.

11.2. The Client must keep personal data up to date.

11.3. The Privacy Policy is an integral part of this Agreement.

12. Miscellaneous

12.1. This Agreement enters into force upon acceptance or payment and remains effective until obligations are fulfilled.

12.2. The Company may amend this Agreement unilaterally. Amendments are published with the date of last update. The Client is deemed notified upon publication. Amendments to this Agreement do not apply retroactively to already paid Subscriptions for their remaining paid term, unless otherwise required by applicable law.

12.3. Continued use of the Platform and/or Published! after amendments take effect constitutes acceptance of the amended Agreement.

12.4. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent, and the remaining provisions shall remain in full force and effect.

12.5. Failure by the Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

12.6. The Client may not assign or transfer its rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign this Agreement without restriction, including in connection with a merger, acquisition, or sale of assets.

12.7. This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, communications, and understandings, whether written or oral.

12.8. Any notices under this Agreement shall be sent electronically via the Platform or by email, unless otherwise expressly required by law.

13. Contact

You may contact us by sending a letter to the postal address указану above or by sending an email to [email protected].

Document version: v. 1.0.0
Effective date: 11.12.2025