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Create a website

Software as a Service Agreement

1. Preamble

Published Inc., a Delaware corporation with its registered address at 1111B South Governors Ave STE 47043 Dover, DE, 19904 US (the "Company", "we", "us", "our"), offers software on a Subscription basis (software as a service (SaaS)) that enables Customers to create websites and to upload, manage and publish Customer Content within their website.

This Software as a Service Agreement (the "Agreement") is entered into between the Company and the legal entity or individual accepting this Agreement (the "Customer", "you", "your").

Please read the terms of this Agreement before receiving the Services. If you do not agree to 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 receive the Services, Customers register at published.ua or published.software, place an order in the Published! system, or use any other available method (all of the Company's websites and systems are hereinafter collectively referred to as the "Company Platform").

IF YOU ACCESS THE SERVICES THROUGH AN AUTHORIZED RESELLER PARTNER OF THE COMPANY, THE TERMS OF THE SERVICES, INCLUDING PRICING, INVOICING AND PAYMENT, ARE GOVERNED BY A SEPARATE AGREEMENT BETWEEN YOU AND SUCH PARTNER.

2. Definitions

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

  • "Customer Website/Website" means a collection of data and electronic (digital) information populated with Customer Content, including works protected by copyright and/or related rights, interconnected and structured under a unique address (domain name) and accessed via an address on the Internet.

  • "Customer Content/Content" means any materials uploaded by the Customer or its Team Members using Published!, including but not limited to texts, images, photographs, graphics, videos, audio files, logos, trademarks, data, links, documents and any other materials, including intellectual property, used by the Customer to populate the Customer Website.

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

  • "Personal Data" means information or a set of information about an individual who orders the Services or who acts on behalf of a legal entity, as well as information about Team Members whom the Customer adds to its organization, by which such person is identified or can be specifically identified.

  • "Subscription" means the form of use of Published! under which the Customer receives access to Published! in accordance with the selected Plan for the Subscription Term, subject to making the relevant Payment. Paid Services may also be offered on a Subscription basis.

  • "Services" means subscription services on a software-as-a-service (SaaS) basis under which we provide the Customer with access to Published! to upload, manage and publish Customer Content on the Customer Website, as well as web hosting, data storage and technical maintenance services.

  • "Payment" means the amount of money payable by the Customer for Paid Services and the Subscription in accordance with the selected Plan and Subscription Term, the amount of which is determined based on the functionality selected by the Customer, the parameters of use of Published! and other factors provided for by the Company's terms.

  • "Paid Services" means additional paid services offered on the Platform that are ordered once or periodically by the Customer and/or its Team Members and are not covered by the Plan selected by the Customer.

  • "Reseller Partner" ("Partner") means an individual or legal entity acting under separate arrangements with the Company and entitled to enter into an agreement with the Customer for the provision of the Services (access to the Published! software and/or web hosting, data storage and technical maintenance services). If the Customer and the Partner enter into a separate agreement for the provision of the Services, the relationship between you and the Partner is governed by the terms of such agreement.

  • "Plan" means the set of terms of access to Published! that determine the price, scope, composition and/or limitations of the Published! functionality provided to the Customer. The Plan is formed based on the set of functionality, usage parameters and/or other characteristics of Published! selected by the Customer and may vary depending on such selected parameters. The Plans offered on the Company Platform are for informational purposes and show the minimum scope of the Services and their minimum price.

  • "Subscription Term" means the period of time during which the Customer is entitled to use Published! in accordance with the terms of the selected Plan and/or Paid Services, commencing upon the Payment and continuing until the end of the paid period, unless otherwise provided by this Agreement.

  • "Customer Team Members" means persons whom the Customer has invited to the Customer's organization to work in Published! and manage the Customer Website, with a role assigned to each such person.

3. Account and Access Terms

3.1. The Company provides the Customer with services on a software-as-a-service (SaaS) basis under which you receive access to Published! in accordance with the terms of this Agreement.

3.2. To access Published!, you must first register and create an Account on the Platform. Within one Account, you may run different projects, create different Websites, select multiple Plans and purchase Subscriptions. You may invite your Team Members to your project and assign them certain roles and permissions to perform certain actions. By using Published!, the Customer ensures that its Team Members are informed of the terms of this Agreement and is responsible for their compliance with its terms.

3.3. The Company shall consider the owner of the Customer Website to be the individual or legal entity on whose behalf registration on the Platform was made and whose email address, specified as the owner of the Account and organization, has been duly verified.

3.4. The Customer selects a Plan offered by the Company. We reserve the right to change the established Plans, including the characteristics and price of the Services, in the event of changes in market conditions or other material circumstances, and/or to add new Plans. Up-to-date information about the Plans is posted on the Platform. If, at the time of such changes or addition of Plans, the Customer has already purchased a Subscription and the Subscription Term has not yet expired, the Customer continues to use the Services under the purchased Plan for the Subscription Term. Changes to Plans do not affect the terms of an active Subscription during the already paid Subscription Term.

3.5. The Company may provide the Services and/or Paid Services under alternative Plans, at different price levels, and set different limits on uploading, storing and transferring information and on the use of the Services and/or Paid Services in each such Plan, including limits on network traffic and bandwidth, the size and/or volume of Customer Content, its quality and/or format, source, upload time, number of Team Members, etc. By purchasing a Subscription, you confirm the characteristics and price of the selected Plan and must use Published! within the selected Plan and Subscription Term.

3.6. We have the right to monitor the Customer's usage of Published! to verify the Customer's compliance with the Plan terms. If the Customer requires additional functionality, the Customer may contact us to switch to another Plan or to change the terms of the existing Plan and Subscription. The Customer may pay for several Plans and/or purchase several Subscriptions for one Customer Website.

3.7. If the Customer selects the "Custom" Plan, the set of features, scope of resources and usage parameters of Published! are determined individually according to the Customer's needs, subject to prior agreement between us and the Customer. Use of the "Custom" Plan is governed by the terms of this Agreement.

3.8. Provision of the Services commences no earlier than the Customer's Payment in accordance with this Agreement.

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

4. Representations and Warranties

4.1. For the purpose of entering into and performing this Agreement, you make the following representations and warranties:

4.1.1. You will comply with the terms of this Agreement and applicable law (including the laws of the United States and the country in which the Customer resides).

4.1.2. You are at least thirteen (13) years old, or sixteen (16) years old if you reside in the European Union (EU), or you have reached the age of majority in your jurisdiction and have the legal authority, rights and capacity to accept this Agreement on your own behalf or on behalf of the individual or legal entity in whose interests you accept it.

4.1.3. The information you provide to receive the Services and create an Account is true, current, accurate and complete. You confirm that your last name, first name, company name, position, email address and phone number are current and are those at which you wish to receive all notices from the Company.

4.1.4. Your country of residence and/or the country of registration of your company matches the country specified in your contact and/or billing information.

4.1.5. You are not a resident of any sanctioned country or region and will not use or distribute the Platform and Published! in any sanctioned country or region. You also confirm that you are not included in any sanctions list.

4.1.6. You order the Services for use in your own activities and will not transfer the rights obtained under this Agreement to third parties.

4.1.7. You will not use the Platform and Published! for any unlawful purpose, including publishing prohibited Content and/or carrying out or facilitating unlawful activities.

4.1.8. You do not infringe the rights of third parties, including intellectual property rights.

4.2. If the Company discovers that you have breached the above representations and warranties, the Company may refuse to enter into the Agreement with you or terminate it unilaterally with immediate effect, and you shall subsequently compensate all losses.

5. Intellectual Property Rights

5.1. We own all intellectual property rights necessary for entering into and performing this Agreement in the Platform, Published!, their parts and other intellectual property.

5.2. Under this Agreement, we do not transfer or assign any intellectual property rights in the Platform and Published! or their parts, and do not otherwise transfer our rights or interests.

5.3. Access to Published! is provided to the Customer solely for use in its own activities for the Subscription Term and within the scope of the selected Plan. It is prohibited to use the Platform, Published! or their parts to create similar websites, software products or any other products based on them that replicate, reproduce or imitate their functionality, architecture, design, structure or any other components. Copying, modifying, decompiling, reverse engineering or otherwise reproducing the Platform, Published! and their parts is prohibited.

5.4. All brand names and/or logos and trademarks mentioned on the Platform, including brand names and/or logos and trademarks owned by third parties, are subject to applicable law. Their mention on the Platform and/or in Published! does not mean that they are not protected by our rights and/or the rights of third parties. The Customer is not granted any right to use in any way the brand names and/or logos and trademarks mentioned on the Platform or in Published!.

5.5. By using Published!, you agree to and grant us a royalty-free, perpetual permission to use the Customer Website or its parts and the Customer's logo for advertising and marketing purposes, including placement on the Platform or informing an unlimited number of persons that the Customer uses Published!.

5.6. The Customer has the right to opt out of the use of the Customer Website and/or the Customer's logo for the purposes set out in clause 5.5 of the Agreement; in such case, the Customer shall notify us in writing.

5.7. When using Published!, the Customer uploads Customer Content to populate the Website and display such Content.

5.8. The Customer confirms that it holds all necessary rights to all Content uploaded and published by the Customer on the Customer Website. We are not responsible for any consequences related to the use, distribution or storage of Content through the Customer Website. In addition:

5.8.1. We do not control third-party websites or services linked from the Customer Website and are not responsible for their content, reliability or security. The presence of any link on the Customer Website does not imply any endorsement by us of its content.

5.8.2. The Customer is solely responsible for Content posted, uploaded or stored on the Customer Website, as well as for any consequences arising in connection with such Content. The Customer shall ensure that the Content complies with applicable law and the terms of this Agreement.

5.8.3. We are not responsible for any damage caused to anyone as a result of accessing, using, purchasing or downloading Customer Content, or for any damage caused by third-party websites. The Customer is personally responsible for properly protecting its devices, websites, services and systems against viruses, malware and other threats, including viruses, worms, Trojans and any other malicious content.

5.9. Prohibited Customer Content. The Customer is prohibited from uploading and publishing the following Content using Published!:

5.9.1. Content containing pornography, or photos or videos depicting nude body parts in a sexual context and/or exposed genitals;

5.9.2. Any content protected by intellectual property rights or licensed content to which the Customer does not hold the rights;

5.9.3. Content that contains, depicts, distributes or promotes sexual and/or other exploitation of children or cruelty to children and/or animals;

5.9.4. Content characterized as spam, containing elements of unfair or manipulative SEO (including Black-Hat SEO), as well as any other content whose main purpose is to artificially influence search results or impose irrelevant advertising;

5.9.5. Content that depicts or facilitates human trafficking or prostitution;

5.9.6. Content containing fraudulent schemes, including get-rich-quick financial pyramid schemes;

5.9.7. Content that may induce people to provide their personal data for improper use that may be harmful to them or unlawful;

5.9.8. Content that may be harmful to health, including content that may cause epileptic seizures, dizziness, nausea or other physiological reactions;

5.9.9. Content containing advertising or offers of goods or services whose circulation is prohibited or restricted by applicable law, including but not limited to weapons, narcotic drugs, counterfeit products, stolen items, as well as items or materials that violate privacy rights or may be considered offensive;

5.9.10. Content that has been found by a court or other competent authority to be libelous or defamatory, or to damage a person's honor and dignity;

5.9.11. Any other unlawful or harmful content or content that violates the rights of others, including content that discloses confidential personal information, incites violence against people or animals, or is intended to mislead the public.

5.10. Please note that Content the Customer uploads and uses to populate the Customer Website using Published! may be subject to additional terms of third parties (analytics services, DDoS protection services, hosting companies or cloud services).

5.11. If the Customer deletes Content, we will make efforts to remove it from public access; however, the Customer agrees that cached versions of the Content or links to it may remain available for some time after deletion. The Customer understands and agrees that cached versions of the Content may be stored by third parties, for whose actions the Company is not responsible.

5.12. If the uploading, publication and/or use of Customer Content prohibited by this Agreement through Published! is detected, or if the Company receives a request, letter or claim regarding the publication of prohibited Content by you, we have the right, without prior notice, to delete the Customer Content and/or temporarily suspend the Services, which shall not constitute a breach of this Agreement.

5.13. If we receive a complaint, claim or request regarding a possible infringement by Customer Content (by its creation and/or use) of copyright and/or other intellectual property rights of third parties, we review such requests and take appropriate measures in accordance with applicable law and the terms of this Agreement. We have the right to request the necessary explanations and documents from the Customer, and we have the right to temporarily restrict access to the Content or the Services, as well as to take other actions provided for by law, until the matter is resolved.

5.14. We have the right to refuse to provide the Services or to terminate the Agreement unilaterally if we find that the Customer has repeatedly (more than once) uploaded prohibited Content.

5.15. The Customer bears full and sole responsibility for the creation and/or publication of prohibited Customer Content and all risks of the consequences that may arise in connection with our performance of clauses 5.13 and 5.14 of the Agreement and/or applicable law.

6. Price of the Services and Subscription Procedure

6.1. The Customer pays for the Services at the price corresponding to the selected Plan(s) on a Subscription basis. The price of Paid Services is set out on the Platform.

6.2. The Customer may use an unlimited number of Plans/Subscriptions simultaneously, of the same or different types.

6.3. We have the right to change the price of a Plan and Paid Services at any time at our discretion, except where a Plan and/or Paid Service has already been paid for; in such case, the price change does not affect the payment already made and applies only to future billing periods.

6.4. Payments for the Services are made in the currency offered on the Platform and selected by the Customer, through the payment system offered by us on the Platform, as full prepayment. All Payments collected directly by the Company are deemed to be made in the United States.

6.5. To the extent permitted by applicable law and unless expressly provided otherwise, Plan prices do not include any federal, state, local or other taxes, levies or charges, including but not limited to sales tax, value added tax, goods and services tax or any other mandatory payments. The Customer is solely responsible for paying all taxes related to the use of the Services, the making of Payments or any Paid Services. If we are required to pay any taxes relating to amounts paid by the Customer, we have the right to include them in the Customer's invoice.

6.6. The Customer's receipt of the Services is confirmed by granting access to Published!, without the Parties signing any additional documents to confirm the provision of the Services. The Service is deemed accepted once the Customer receives access to Published! in accordance with this Agreement.

6.7. To ensure continuity of the Services, the Customer agrees to automatic Subscription renewal by default, under which, unless you disable this option, the Services automatically renew upon expiry of the relevant Subscription period for the selected period (month, year, etc.). By entering into the Agreement and making the first Payment, you consent to automatic Subscription renewal. Upon automatic renewal, the Customer undertakes to pay the price set on the Platform at the time of renewal. The Company will attempt to automatically charge Payments to your saved card five (5) days before the end of the paid Subscription Term. If we are unable to collect a Payment you owe, we may, at our discretion (but are not obliged to), retry the charge later and/or suspend your use of part of the Published! functionality (in particular, restrict the ability to publish Content on the Customer Website). If you do not pay for the Services within two (2) weeks after the end of the Subscription Term, the Company has the right to suspend the Services in full. If the Customer does not pay for the Services within thirty (30) days from the date of suspension, the Company has the right to terminate the Services and deactivate the Account.

6.8. The automatic Subscription renewal date depends on the initial purchase date of the Subscription under the relevant Plan and cannot be changed. If the Customer has paid for several Subscriptions, the automatic renewal dates are determined separately for each Subscription.

6.9. If a Subscription automatically renews for a term exceeding one month and such renewal results in the total Subscription Term under the Plan exceeding twelve (12) months, we will notify the Customer of the upcoming automatic renewal no less than thirty (30) days and no more than sixty (60) days before the date by which you are entitled to cancel the automatic Subscription renewal. If the Subscription Term is one month and automatic renewal occurs over a period not exceeding twelve (12) months, no renewal notices are required.

6.10. We are not responsible for the services of third parties relating to payment instruments and payment system operators, and we have the right to refuse to provide the Services to the Customer if payment is not received from the Customer, where the Customer made the payment through such intermediaries and the funds were not received by us. The Customer bears all risks associated with the transfer of funds to our account until the funds are credited to our account.

6.11. Payment is deemed made when the funds are credited to our account.

6.12. We are not liable for any losses or non-pecuniary damage incurred by the Customer as a result of the Customer's misunderstanding or lack of understanding of information about the procedure for ordering/paying for the Service, or receiving and using the Services.

6.13. Notwithstanding anything to the contrary above, you are solely responsible for verifying and ensuring the successful renewal of the Services and Paid Services you use (whether or not such Services/services are subject to automatic subscription renewal). Accordingly, you bear sole responsibility for the suspension/termination of the Services or the use of Paid Services previously purchased by you for any reason, including due to cancellation or non-payment of the relevant fees.

7. Cancellation of the Services and Refunds

7.1. The Customer has the right to cancel the Subscription or opt out of the Services by notifying the Company using the relevant communication functionality on the Platform or by sending an email to the Company's email address. The Subscription cancellation date is the end date of the paid Subscription Term. Unless expressly stated otherwise, Payments are based on purchased Subscriptions and/or Paid Services, not on actual usage. Unless expressly stated otherwise in the Agreement, any amounts paid, including without limitation Payments, are non-refundable.

7.2. If the Customer stops using the Services before the end of the Subscription Term, no refund is made for the unused period.

7.3. We may suspend the Services and Paid Services and/or terminate the Agreement unilaterally in the event of the Customer's breach of any obligation under this Agreement, with prior notice to the Customer 2 (two) days before the date of suspension/termination. In such case, amounts paid by the Customer for the Services and Paid Services are not refunded. If the Services and Paid Services are suspended due to the Customer's breach of this Agreement, they are restored once the Customer remedies the breach. If the breach continues for more than thirty (30) days, the Company has the right to terminate the Services and deactivate the Account without further notice.

7.4. Upon termination of the Agreement on any ground, including termination at the Customer's initiative, the Customer may, within 14 (fourteen) calendar days, submit a written request to us for the transfer or export of Content within the available technical capabilities. After such period expires, we are not obliged to store the Content and have the right to irreversibly delete it from our servers.

7.5. Content is transferred in the format and manner specified by the Customer in its request, if technically and/or practically possible.

7.6. If applicable law provides mandatory grounds for termination of the Agreement by the Customer and/or refunds, the provisions of applicable law apply, taking into account the provisions of this Agreement.

8. Limitation of Liability and Indemnification

8.1. The Customer agrees that we and our affiliates are not liable for any direct, indirect, incidental, punitive or consequential damages arising from the Customer's use of Published!, the inability to access Published!, the use of any materials or Content posted in Published!, or in the cases specified in clauses 8.2 and 8.3 of this Agreement.

8.2. Except as expressly set out in this Agreement, the Services and Paid Services are provided "as is" and "as available" without any warranties, express or implied, including but not limited to implied warranties of fitness for a particular purpose. The Company does not warrant that the Services and Paid Services are compatible with the Customer's software, hardware or IT environment. The Company does not guarantee any success, including commercial success, as a result of using the Services and Paid Services. To the maximum extent permitted by law, the Company expressly disclaims all warranties other than those expressly set out in this Agreement.

8.3. We make no warranties and are not responsible for the Customer's inability to access the functionality of the Platform and Published! and/or third-party services due to the Customer's lack of technical capability to obtain such access, including problems with Internet access or technical failures in its operation.

8.4. The Customer agrees that our maximum liability is limited to the amount the Customer paid for the Services during the six (6) months preceding the event giving rise to the claim, but in any case no more than the actual damages incurred by the Customer. These limitations do not apply where prohibited by applicable law.

8.5. The Parties are released from liability for full or partial non-performance of their obligations if such non-performance results from force majeure circumstances such as: war or military operations, earthquake, flood, fire and other natural disasters, acts or actions of public authorities, changes in customs regulations, or import and export restrictions, arising beyond the Parties' control after the conclusion of this Agreement. The Party unable to perform its obligations shall notify the other Party immediately, but no later than within three (3) days from the date such circumstances arise, and provide documents confirming such circumstances. Release from liability under this clause does not apply if the other Party is not notified of such circumstances.

8.6. Any disputes that may arise in relation to this Agreement or in connection with its conclusion, performance or termination shall be resolved by the Parties through negotiations. If a dispute cannot be resolved through negotiations, it shall be subject to resolution in the courts of the State of Delaware, USA, in accordance with the applicable laws of the State of Delaware, USA.

8.7. The Customer shall indemnify us for all losses and expenses (including legal fees) arising or incurred by us in connection with the Customer's breach of this Agreement or the warranties given, breach of the requirements for Content that the Customer uploads or publishes through Published!, as well as in the event of third-party claims arising from the Customer's activities through the Customer Website, or for other reasons attributable to the Customer's fault.

9. Terms of Use of the Platform and Published!

9.1. Ordering/receiving any Services through the Platform is governed by the terms of this Agreement.

9.2. In addition to other restrictions set out in this Agreement, when using the Platform and Published!, the Customer shall not:

9.2.1. Circumvent, disable or otherwise interfere with any security-related features of the Platform/Published! or features that prevent or restrict the use or copying of content available through the Platform/Published!;

9.2.2. Provide any false information during registration;

9.2.3. Misrepresent that it is acting on behalf of a third party;

9.2.4. Use the Platform/Published! to send spam or unsolicited bulk messages or for any unlawful activity;

9.2.5. Modify, interfere with, intercept, disrupt or attempt to hack the Platform/Published!;

9.2.6. Misuse the Platform/Published! by knowingly introducing viruses, Trojans, worms, logic bombs, time bombs or other similar material, or by taking any other actions that may harm the Platform/Published!;

9.2.7. Take actions that may harm the reputation or interests of us, our affiliates or other customers;

9.2.8. Use the Platform/Published! for benchmarking or competitive research for the purpose of creating a competing product.

9.3. We have the right, but not the obligation, to change, update, modify, edit, narrow and/or expand the functionality of the Platform and Published!, their elements, button labels, links, interface elements and/or parts thereof at our discretion. The Customer understands and agrees that we may make all such changes without the Customer's prior consent.

10. Confidential Information

10.1. The Parties undertake to maintain the confidentiality of information obtained in the course of performing this Agreement and not to disclose it to third parties without the other Party's written consent. The use of information in accordance with clause 5.5 of this Agreement does not constitute a breach of confidentiality.

10.2. Each Party undertakes to apply measures to protect confidential information from unauthorized access, use or disclosure similar to those it applies to protect its own confidential information.

10.3. Each Party shall immediately notify the other Party if it becomes aware of any breach of the confidentiality obligations set out in this Agreement.

11. Personal Data

11.1. The Parties shall comply with applicable data protection law. In the course of performing this Agreement, the Customer provides its personal data or the personal data of its authorized person and Team Members (including but not limited to last name, first name, company name, position, email address and mobile phone number) and, by this Agreement, gives us its voluntary and unconditional consent to perform actions with the personal data that constitute processing of personal data under applicable law for any lawful purposes, including for the provision of the Services and Paid Services under this Agreement.

11.2. If the personal data provided upon conclusion of this Agreement or in the course of its performance changes, including the personal data of an authorized representative, the Customer shall notify us of such change to ensure its accuracy, relevance and completeness.

11.3. By entering into this Agreement, the Customer is deemed to have unconditionally accepted the provisions of the Privacy Policy regarding personal data (regardless of its title). The Privacy Policy (regardless of its title) posted on the Platform forms an integral part of this Agreement.

12. Miscellaneous

12.1. This Agreement enters into force for each individual Customer at the moment the Customer ticks the relevant checkbox on the Platform (for example, ✔) and submits the registration form, or at the moment of payment for the Services or Paid Services (whichever occurs first), and remains in force until the Parties have fully performed their obligations under the Agreement, unless the Agreement is terminated early.

12.2. This Agreement may be amended and/or supplemented by us at any time unilaterally without prior and/or subsequent notice to the Customer. Amendments to the Agreement will be published with the date of the last update indicated. The Customer is deemed notified of amendments and/or supplements to the Agreement from the moment such amendments are published on the Platform. Amendments and/or supplements to this Agreement do not apply to an already paid Subscription Term and take effect for the Customer from the beginning of the next Subscription Term, unless expressly provided otherwise by such amendments.

12.3. The invalidity of any provision of the Agreement on grounds provided by applicable law does not render the entire Agreement invalid. If any provision of the Agreement becomes invalid on grounds provided by applicable law, the Parties shall negotiate in good faith to replace the invalid provisions as soon as possible with provisions that achieve a similar result. Such replacement of invalid provisions shall be documented as an addendum to the Agreement.

12.4. We may, without any reservation or notice and at any time, transfer or assign our rights and obligations under this Agreement in whole or in part to third parties of our choice, provided that this does not affect the manner in which the Services and Paid Services are provided to the Customer.

12.5. By this Agreement, the Customer gives us its free consent to receive messages (including via messengers) at its phone number, emails at its email address and/or calls from us for the purpose of informing the Customer about the Services and Paid Services and/or providing other information not related to a specific Service, including for marketing purposes. The Customer has the right to withdraw consent to receive marketing information by contacting us at the email address specified on the Platform or in this Agreement.

12.6. For the purpose of indicating that the Customer uses Published!, the Customer consents to the placement in the footer of the Customer Website of a designation, mention, logo(s) or other notices of the use of Published! (regardless of their form, content, etc.). The Customer has no right to remove, hide, modify, interfere with or in any other way obstruct the placement of the designation, mention, logo(s) or other notices of the use of Published!.

12.7. This Agreement is governed by the laws of the State of Delaware, USA.

12.8. This Agreement has been translated into Ukrainian. In the event of any conflict between the translated version and the English version of this Agreement, the English version shall prevail.

12.9. Any explanation or summary in the margins of this document, including those labeled "In plain words", is provided solely for your convenience, does not in any way interpret or explain any section or provision of this Agreement and has no legally binding effect.

13. Contact

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

Document version: v. 1.0.1

Effective date: 07.04.2026