კონტრაქტის შეთავაზება

The following text is a public offer (offer) (in accordance with Article 641 of the Civil Code of Ukraine) by "AVADA MEDIA" Limited Liability Company (EDRPOU code 42999635) (hereinafter referred to as the Company) to enter into a Service Agreement (hereinafter referred to as the Agreement) on the following terms and conditions.

This Agreement shall be deemed to be concluded in accordance with Article 642 of the Civil Code of Ukraine and shall enter into force upon compliance with the provisions of Clause 3.5 hereof, which means your full and unconditional acceptance of all terms and conditions of the Agreement without any exceptions and/or limitations (acceptance).

Definition of terms

1.1. The terms of the Agreement shall govern the legal relations of the Parties and contain the following definitions:

1.1.1. "Account" means an account contained on the Website and related to the Customer (and exclusively to the latter), containing data about the Customer and his/her actions on the Website, as well as an account for working with Electronic Cards and access to which requires a password and login;

1.1.2. "Website/Websites/Site/Sites" means online platforms (each separately) on the domains: https://efircards.com/, https://client.efir.org.ua/, https://app.efir.org.ua/;

1.1.3. "Messenger" – "Viber"/"Telegram"/"Whatsapp" account;

1.1.4. A "Bot-channel" is a separate account of the Customer in the Messenger, which is transferred to the Company's management by providing it with a token in the manner specified in the Account to provide the Customer with the Services, including for working with Electronic Cards. The Company manages the Bot-channel after receiving the token provided by the Customer in the Account.

1.1.5. The "Customer" means a business entity that has provided its Personal Data and other data for processing, has full civil capacity and has entered into the Agreement by Acceptance on the terms of the Offer, the right to which it has;

1.1.6. "User" means a natural person to whom the Electronic Cards/Electronic Card are provided;

1.1.7. "Company" means "AVADA MEDIA" Limited Liability Company (EDRPOU code: 42999635), registered at the following address: 7 Dvorianska Street, Odesa, 65023, Odesa oblast, Ukraine;

1.1.8. "Owner" means an individual who is the developer and owner of the Website;

1.1.9. "Owner's Licence" means a licence granted by the Owner of the Company;

1.1.10. "Parties" – the Company and the Customer;

1.1.11. "Acceptance" means full and unconditional acceptance of the Offer by performing the actions specified in the Offer;

1.1.12. "Offer" means a proposal of the Company addressed to any business entity in accordance with Article 633 of the Civil Code of Ukraine to conclude a public agreement with it for the provision of services on the terms and conditions posted on the Internet at https://efircards.com/contract-offer;

1.1.13. "Agreement" means a document concluded between the Company and the Customer upon receipt of the Offer Acceptance by the Company under the terms and conditions specified in the Offer;

1.1.14. "Services" means granting the Customer the right to use the Website, the Bot-channel and the Account to create, upload, store and use Electronic Cards under the terms and conditions stipulated by this Agreement and the Tariff selected by the Customer;

1.1.15. "Electronic Card" means files or part of the records in the database that are created using the Account or Bot-channel and are necessary for the Customer to provide services to the User;

1.1.16. "Company's Bank Account" means a bank account opened in the name of "AVADA MEDIA" LLC (EDRPOU code 42999635);

1.1.17. "Customer Registration" (hereinafter referred to as "Registration") means filling in the Registration Form by the Customer by providing personal data, other data and consent to their processing;

1.1.18. "Registration Form" means an electronic registration form or a paper registration form for ordering the Services to be filled in by the Customer electronically on the Website or in paper form in order to provide the Company with the information necessary for the Company to fulfil its obligations under the Agreement and to confirm the conclusion of the Agreement by the Customer;

1.1.19. "Completion of registration" - creation of an Account by confirming the phone number and e-mail of the potential customer;

1.1.20. "Personal data" means information or a set of information about an individual who is identified or can be specifically identified;

1.1.21. "Customer Data" means any data related to the Customer, including its name, EDRPOU code, bank details, registration address and address of actual business activity, data of the head and members of the legal entity, as well as other information provided by the Customer at the request of the Company;

1.1.22. "Privacy Policy" means a document posted on the Internet at the hyperlink https://efircards.com/privacy-policy, which is an integral part of the Agreement. The conclusion of the Agreement also entails the acceptance of the Privacy Policy;

1.1.23. "User Agreement" means the rules that define the procedure, methods and limits of using the Website and which are available at the hyperlink: https://efircards.com/terms-of-use, and which are an integral part of the Agreement. The conclusion of the Agreement also entails the acceptance of the User Agreement;

1.1.24. "Tariff" means a document in the form of a page of the Website regulating the Company's tariff policy, cost, term and other terms of the Services available at https://efircards.com/tariff/, which is an integral part of the Agreement. The conclusion of the Agreement also entails the acceptance of the Company's Tariffs in the manner prescribed by the Agreement.

1.2. Other terms used in the Agreement are defined by the current legislation of Ukraine.

Subject of the Agreement

2.1. The Company grants (transfers) to the Customer the right to use the Account, the Bot-channel and the Website to create, upload, store and use Electronic Cards, the characteristics of which are specified on the Website, and the Customer shall acquire the right to use the Account, the Bot-channel and the Website in the manner and on the terms and conditions stipulated by the Agreement, and shall pay the cost of the Services in the manner and in the manner specified in the Agreement.

2.2. The procedure for providing additional services, concluding additional terms and conditions not provided for in the Agreement shall be agreed upon by the Parties by concluding a separate agreement.

2.3. The commencement of the Services shall be deemed to be the creation of an Account, selection and payment of the Tariff, except as provided for in this Agreement.

2.4. The termination of the Services shall be deemed to be the deletion of the Account/termination of the Agreement.

Conclusion of the Agreement with the Customer

3.1. Posting the text of this Agreement on the Website is a proposal (offer) of the Company to business entities (potential customers) who wish to purchase the Company's Services and enter into this Agreement on the terms and conditions specified herein.

3.2. The Offer may be accepted by any person who meets the requirements of this Agreement and wishes to purchase the Company's Services.

3.3. Each Party warrants to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient to enter into and perform this Agreement in accordance with its terms.

3.4. The Company shall not be obliged to verify the Customer's compliance with the Agreement requirements and shall not be liable in case of the Customer's non-compliance with these requirements.

3.5. The Offer shall be deemed accepted by the Customer and the Agreement, respectively, concluded if the Customer has performed the following actions in their entirety:

3.5.1. Duly registered by ticking the box "I have read and agree to the terms of the Public Offer".

3.5.2. Selected a Tariff;

3.5.3. Duly paid for the Company's Services in accordance with the terms of the Agreement (except in cases of choosing a free Tariff).

3.6. A person who has not fulfilled the conditions of clause 3.5. of the Agreement shall not be considered the Customer.

3.7. By accepting the Offer, the Customer warrants that he/she has read, agreed, fully and unconditionally accepts all the terms and conditions (in general and without exceptions) of the Agreement and its integral annexes, which are the Privacy Policy and the User Agreement.

3.8. The Offer (the Agreement, including the Privacy Policy, the User Agreement) may be accepted by the Customer only as a whole, and the Customer confirms that Acceptance of the Offer is tantamount to entering into the Agreement on the terms and conditions set forth in the Offer.

3.9. The Acceptance period is valid for the entire period of posting this Offer on the website https://efircards.com/public-offer/.

Account (credential)

4.1. The Customer is granted access to use the Account to the extent and in the manner prescribed by the Agreement.

4.2. After entering the required data in the Registration Form and putting a mark the box
"I have read and agree to the terms of the Public Offer", the request for opening an Account is sent to the Company.

4.3. Access to the Account is granted upon completion of the Registration.

4.4. The User shall create a login and password for the Account independently.

4.5. The Company shall not be liable for failure to receive a login and password or for their loss.

4.6. The Company is not obliged to send the Customer the information necessary to complete the registration and provide the Customer with access to the Account upon acceptance of the Offer, in case of violation of the provisions of the applicable law and/or this Agreement by a person.

4.7. The Company has the full right to refuse to provide the Customer with access to the Account without stating the reasons for the refusal. In the event of such refusal, the Agreement shall be deemed unilaterally terminated.

4.8. The right to use the credential (Account) is granted on an unlimited basis.

4.9. By creating an Account and not choosing a paid Tariff during registration, the Customer is deemed to have chosen a free Tariff (the charge for which is not provided for by the Tariff).

Services.

5.1. The list, quantity, components, cost, term and other terms of the Services are determined by the Tariff and this Agreement.

5.2. The current terms and conditions of the Services are available at the hyperlink: https://efircards.com/tariff/;

5.3. The list, quantity, components, cost, term and other terms of the Services may be changed by the Company unilaterally at any time and for any reason.

5.3.1. The relevant changes to the paid Services shall enter into force upon the occurrence of the following circumstances: their publication at the hyperlink: https://efircards.com/tariff/ and the due date of the next payment for the Tariff (Service).

5.3.2. The relevant changes to the free Services shall take effect from the moment they are published via the hyperlink: https://efircards.com/tariff/

5.4. In case the Customer does not agree to change the Services, the Customer has the right to terminate the Agreement and send a request to the Company to delete the Account.

5.5. The Company has the full right to refuse to provide the Services to the Customer in case of violation of the terms of this Agreement and its appendices, applicable law. In the event of such refusal, the Agreement shall be deemed unilaterally terminated.

5.6. The cost of the Services is set in the national currency of Ukraine;

5.7. The current information on discounts on the cost of a particular Tariff is available at the hyperlink: https://efircards.com/tariff/.

5.8. The same discounts cannot be combined or summed up by adding the face value of the discounts together. One person can use only one discount certificate to pay for the selected Tariff.

Payment procedure

6.1. The procedure, method and other terms of payment are determined by this Agreement.

6.2. Payment for the order (Tariff) shall be made monthly by auto-payment in non-cash form using the payment system provided by the Website and on the terms of this payment system, except as provided for in the Agreement.

6.3. Payment for the order (Tariff) may also be made in another manner, at the request of the Customer.

6.4. Payment for the Company's Services under this Agreement shall be made in the form of:

full 100% (one hundred per cent) prepayment.

6.5. The funds transferred by the Customer for the Company's Services shall be credited to the Company's Bank account exclusively in the national currency of Ukraine.

6.6. The cost of the Services does not include any fees charged by banks or payment systems for making a payment and/or for currency conversion. The Customer shall pay additional commission expenses for making payments under this Agreement. The Customer shall also bear all of the above costs in case the Company refunds full or partial payment for the Company's Services.

6.7. The Services shall be deemed paid when the due payment under the Tariff is credited to the Company's account.

6.8. In case of non-payment of the next payment under the Tariff, the Company may provide the Customer with the Services at a free Tariff or terminate this Agreement.

Refund of paid funds

7.1. Refund of the funds paid under this Agreement is possible in cases stipulated by law.

7.2. If a refund is required, the Customer shall contact the Company by the contact phone number or e-mail specified on the Website and issue a refund request. Thereafter, the Customer shall duly execute and send to the Company an electronically signed refund application from the registered e-mail address, indicating the following data: surname, name, patronymic; name of the Tariff; date of order; information on payments (amount, date of transfer); reasons for cancellation of the Services; grounds for refund, etc.

7.3. In case of improper execution of the request for refund and/or absence of the necessary information in the Customer's refund application and/or absence of grounds for refund, the Company has the right not to consider such Customer's application and shall not be liable for it.

7.4. When refunding funds, the Company shall use the means of payment used by the Customer. If the Customer has used several different payment methods, the Company may use any of them at its discretion. All additional services and fees of banks and payment systems related to the refund will be deducted from the refund amount.

7.5. The term for consideration by the Company of any applications of the Customer for a refund of funds paid under the Tariff shall be 30 (thirty) calendar days from the date of receipt of a duly executed application of the Customer.

Rights and obligations of the Parties

8.1. The Customer has the right to:

Receive information about the Services, Tariffs;
To use the Account, the Bot-channel and the Website within the functionality available under the selected Tariff;
After logging in to the Account, in accordance with the terms of the Agreement, use the Account and the Website to the extent and in the manner specified in the Agreement and the User Agreement;
Request support from a Company's specialist;
To use the functionality of the Website/Account/Bot-channel to provide Users with Electronic Cards;
Use the template provided by the Owner to develop products intended for Users;
To modify the Account in whole or in part within the limits of the functionality available on the Website, as well as to create derivative objects on the basis of the Website/Account/Bot-channel, while retaining all exclusive rights to the Website, Bot-channel, certificate templates and other technologies used to provide the Services;
Select any Tariff in accordance with the Company's tariff policy;
To return the paid funds in the way and manner prescribed by the Agreement;
To perform other rights provided for by the Agreement, its annexes and applicable law.

8.2. The Customer shall be obliged to:

When using the Services, timely pay for the Company's services in the amount, procedure and terms stipulated by this Agreement;
Use the Website, Account and Bot-channel only within the rights and in the ways provided for in the Agreement and granted to it, taking into account the rules set forth in the User Agreement;
To comply with all the Company's requirements set forth in the Agreement, on the Website and in the Bot-channel;
Provide the Company with the personal data of the Users, the Customer, as well as other data necessary for the performance of the Agreement – at the request of the Company and within the time limits specified in the request;
Have all permissions and consents for the dissemination of personal data of third parties;
Within 5 working days, notify the Company of any changes in the data (including personal data) provided earlier;
Strictly comply with and not violate the terms of the Agreement, as well as ensure the confidentiality of commercial and technical information obtained in cooperation with the Company;
Not to use independently and/or with the involvement of third parties the capabilities of the Website, Account and Bot-channel for purposes that may be qualified as infringement of third parties' rights to intellectual property, unfair competition, other violations of the legislation of Ukraine; to achieve unlawful purposes, including for advertising products whose circulation is prohibited or restricted or whose advertising is not allowed, for propaganda of violence, war, racial, national or religious hatred, overthrow of the government, for the dissemination of pornographic materials; not to take actions that affect the normal operation of the Website, Account and Bot-channel;
Not to use any technical devices or computer programs, maintenance to interfere or attempt to interfere with the normal functioning of the Website, Account and Bot-channel;
Immediately inform the Company of all known facts of unlawful use by third parties, including Users of the Website, Account and Bot-channel;
Notify and familiarise the User with the terms of the Agreement, the Privacy Policy and the User Agreement;
Agree to place the following inscription on the back of the Electronic Cards by the Holder: "The services of issuing and servicing electronic cards are provided by "AVADA MEDIA" LLC, in order to ensure that the Company receives suggestions and comments from Users regarding the provision of the Services;
Perform other duties stipulated by the Agreement, its annexes and applicable law.

8.3. The Company shall have the right to:

Terminate the provision of the Services upon expiry of the term of their provision;
Change the procedure for providing the Services and their cost without renegotiating this Agreement by publishing changes on the Website;
Suspend or terminate the Customer's registration or access to the Website, Account,
Bot-channel if the Company reasonably believes that the Customer is carrying out illegal activities, and the latter's actions pose a threat to the security of Electronic Card Users and/or the security of the Company's service, and/or violate the rights and legitimate interests of third parties, the requirements of the current legislation of Ukraine and/or the terms of the Agreement;
In case of violation by the Customer of the terms (method) of using the rights to the Website, the Bot-channel and/or the Account under the Agreement, – to deprive the Customer of the right to use them further. Violation of copyright regulations may also result in civil, administrative and criminal liability under Ukrainian law;
To summarise and analyse the data received on the work with the programme/database, Account, Bot-channel and/or Website, and on the specific actions of the Customer on the terms of confidentiality and anonymity for statistical and marketing purposes. When preparing any statistical or marketing reports, publishing any statistical or marketing data obtained through such generalisation and analysis;
To temporarily suspend the provision of the Services for technical, technological or other reasons that prevent the provision of the Services until such reasons are eliminated;
To check the information distributed by means of Electronic Cards for compliance with applicable law;
To unilaterally amend the Offer and/or the Agreement by issuing new versions of the Offer and/or the Agreement or amending their specific terms;
Exercise other rights provided for by the Agreement, its annexes and applicable law.

8.4. The Company undertakes to:

Provide the Services to the Customer in accordance with the procedure and on the terms and conditions specified in the Agreement;
Provide information about updating the Website, the Bot-channel and/or the Account made during the term of the Agreement;
If technically possible, eliminate possible software malfunctions in the operation of the Website, the Bot-channel and/or the Account caused by the Company, except in cases of violation of the rules of use of the Website, the Bot-channel and/or the Account by the Customer;
To use all personal data of the Customer, Users and other confidential information in accordance with the terms of the Agreement, the Privacy Policy and compliance with the requirements of the legislation of Ukraine;
Perform other duties stipulated by the Agreement, its annexes and applicable law.

Guarantees

9.1. The Customer agrees that he/she uses the Company's Services solely at his/her own discretion and is solely responsible for this.

9.2. The Company shall not be liable for any results, achievements, acquisitions, revenues, reputational and other risks, etc. that may not be received by the Customer, which may arise when using the Services.

9.3. The Company does not guarantee the operability of the Website, the Bot-channel and/or the Account in case of violation of the terms of use by the Customer, as well as in case of violation of the Agreement by the Customer.

9.4. The Customer agrees that the Website and the Bot-channel are not the Company's own development, and the Company shall not be liable for the revocation of the Owner's Licence.

9.5. All exclusive rights to the Website, the Bot-channel, certificate templates and other technologies used by the Company to provide services are inalienable and belong to the right holders in full, and the Company has obtained the right to use them.

9.6. The Customer agrees that the Account is provided with standard settings that are applied by default, and the Customer is responsible for the changes made by him/her to the settings.

9.7. The Company guarantees that:

Upon request for support from a technical specialist, the Company shall contact the Customer within one month and make every effort to eliminate any failures and errors, if any, as soon as possible. At the same time, the Company does not guarantee the absence of errors and failures, including those related to the operation of the Website, the Bot-channel and/or the Account. The Company is not obliged to provide feedback from a technical specialist in case of failures and errors in the operation of the Website, the Bot-channel or products developed by the Customer;
Upon request for support of a technical specialist, the Customer shall provide information on possible means of communication with him/her;
Has all permits and licences of the Owner to provide the Services;
Ensure the safety and storage of the Customer's and Users' data on the Website,
Bot-channel, including in accordance with the Privacy Policy.

9.8. The Customer guarantees that he/she:

Has all rights and powers necessary for the conclusion and performance of the Agreement;
Has all the permits/decisions of the authorised bodies of the Board to enter into the Agreement;
Has received and has all legal grounds (necessary permissions and consents) to process personal data and other information constituting the content of personal data regarding third parties using the Website, the Bot-channel, and guarantees the full and unconditional consent of these persons to all provisions of the Privacy Policy;
Acts of his/her own free will and in his/her own interest;
Provided reliable, up-to-date and accurate data of the Customer, third parties;
The Customer enters into the Agreement voluntarily, and the Customer has fully read the terms of this Offer, the Privacy Policy, the User Agreement, fully understands the subject matter of the Agreement, fully understands the meaning and consequences of their actions regarding the conclusion and execution of the Agreement.

Acceptance and transfer of the Services provided

10.1. Payment of the next payment under the Tariff indicates acceptance of the Services provided by the Company to the Customer in full and without any reservations, comments and claims.

10.2. In case of non-payment of the next payment under the Tariff, the Customer's failure to send a claim for the Services to the Company within three days from the date of completion of the Services shall indicate full and unconditional acceptance of the Services provided and the Customer's absence of any comments on the Services provided.

Term of the Agreement

11.1. The Agreement shall be deemed concluded and shall enter into force from the moment of Acceptance and shall be valid for the entire period of receipt of the Services by the Customer under the selected Tariff or until the Agreement is terminated on the grounds specified in the terms of the Agreement and/or the norms of the current legislation of Ukraine.

11.2. After the expiration of the Agreement, if the Customer purchases the Service under the selected Tariff after the end of the previous Services, this Agreement shall be deemed concluded for the period of receipt of the Services by the Customer under the selected Tariff.

Deletion of the Account, blocking the functions of the Website/Account/Bot-channel, termination and amendment of the Agreement

12.1. The Company may block the Customer's access to the Website, Account, Bot-channel in case of violation of the terms of the Agreement and/or the User Agreement and/or applicable law.

12.2. The Company has the right to terminate the Agreement and delete the Account if the Customer violates any terms of the Agreement and/or the User Agreement and/or applicable law. The Account is blocked without prior notice to the Customer.

12.3. The Agreement may be terminated and the Account may be deleted unilaterally at the request/actions of the Customer. The Agreement is considered terminated from the moment the Account is deleted.

12.4. If the Customer wishes to delete his/her Account, he/she can do so using the Website functionality by clicking the "Delete Account" button in the Account settings.

12.5. Upon termination of the Agreement, all rights to use the Services will be cancelled. The Customer undertakes to immediately stop using the Account.

12.6. Upon termination of the Agreement, the service of the Electronic User Cards created by the Customer, as well as other products developed using the Website and/or the Bot-channel, shall also be terminated.

12.7. In case of termination of the Agreement and blocking of the Customer's Account, the provision of Services to the Users involved by the Customer shall be terminated.

12.8. The Company shall not be liable for any adverse consequences, including any damage caused to the Users due to deletion of the Customer's credential (Account).

12.9. The Agreement may be terminated at the initiative of the Company in case of violation by the Customer of the terms of this Agreement and/or the User Agreement and/or applicable law. The Company may notify the Customer of the termination of the Agreement by sending a message to the Customer's email address specified during the Registration. In the event of such termination, the funds paid by the Customer shall not be refunded.

12.10. This Agreement may also be terminated by agreement of the Parties.

12.11. This Agreement may be amended by the Company unilaterally without prior and further notice to the Customer. The amendments shall come into force upon publication of the new version of the Agreement on the Website. The version of this Agreement under the Offer is available (published) on the Internet at https://efircards.com/contract-offer/.

12.12. The Customer understands and confirms that its acceptance of the terms of this Agreement and/or use of the Website after the publication of the new version of the Agreement means the Customer's acceptance of the updated terms of the Agreement. If the Customer does not agree with the new terms and conditions of the Agreement, he/she shall terminate the use of the Company's Services within a reasonable period of time.

12.3. If necessary, the Customer shall notify the Users involved by him/her of the amendments to the Agreement.

Responsibility

13.1. The Parties shall be liable for non-fulfilment or improper fulfilment of their obligations specified in the Agreement in accordance with the current legislation of Ukraine and the Agreement.

13.2. In case the Customer has made payment for the Services untimely and/or not in full, or has not made it in general within the terms stipulated by the Tariff, the Company shall have the right to terminate the Agreement and refuse the Customer access to the Account.

13.3. In case of violation by the Customer of the intellectual property rights of the Company, other Customers, including in case of transfer by the Customer of any information, materials received during the use of the Services/Account to third parties in case of revealing the facts of the Customer's use of these materials, information for commercial purposes, the Customer shall bear the following liability:

termination of the Agreement unilaterally without refund of the Tariff payment;
and reimbursement to the Company of direct and indirect losses caused by such violation.

13.4. Any actions of the Customer aimed at preventing the Company from providing services to other Customers, or which resulted in failure to provide, improper provision of services by the Company under this Agreement, shall entail termination of this Agreement without refunding the amount of payment for the Services to the Customer, with the Customer reimbursing the Company for the losses incurred.

13.5. The Company is not responsible for:

inability to provide the Services for reasons beyond the Company's control, including force majeure, disruption of communication lines, absence or malfunction of equipment not owned by the Company, lack of and/or deterioration in the quality of communication and data transmission provided by mobile operators and Internet providers;
violation of equipment safety or malfunction of equipment used by the Customer to receive services;
any losses arising in connection with the use or inability to use the Website, the Bot-channel and/or the Account, including in case of blocking or deletion of the Customer's Account, even if the Company has been notified of the possible occurrence of such losses;
any losses of the Customers or third parties that have arisen through no fault of the Company;
content of information created, used and posted by the Customer;
any action or inaction that is a direct or indirect result of the action or inaction of the Customer and/or third parties;
the operation or functioning of the Website, Account and/or Bot-channel, as well as products for Users developed by the Customer or third parties or modifications made by them;
provision of services by the Customer to the Users;
impossibility of using Electronic Cards by Users, including for lost/unused bonuses or other adverse consequences in case of deletion of the Account and termination of the Services/termination of the Agreement;
loss of information, leakage of personal data of Users or any other adverse consequences;

13.6. If any third party makes a claim against the Company in connection with the violation of the terms of the Agreement or applicable laws by the Customer, the User, or their violation of the rights of third parties (including intellectual property rights), the Customer undertakes to indemnify the Company against all costs, including any compensation and other expenses, incurred in connection with such claim. At the same time, the Company shall notify the Customer of the need to file such a claim within 10 business days from the date of its receipt, and the Customer shall take all reasonable steps to satisfy the claim and/or amicably resolve the disagreement/dispute.

13.7. The Company shall not be liable for the Customer's failure to fulfil the obligations stipulated in this Agreement, including the Customer's failure to pay taxes and other mandatory payments stipulated by the applicable law.

13.8. Use of the Website, the Bot-channel and/or the Account by a person in a manner not provided for by the Agreement, the User Agreement or after termination of the Agreement or after blocking the Account, or otherwise in violation of the rights and powers granted to the Customer under the Agreement, provision of inaccurate or incorrect information by the Customer, User, or infringement of the intellectual property rights of the Company, the Owner, which caused losses to the Company, the Customer shall reimburse the Company for the amount of losses incurred;

13.9. The Parties shall also be liable for violation of the terms and conditions of this Agreement, unless otherwise provided by the Agreement.

Force majeure circumstances

14.1. A Party shall not be liable to the other Party for any damages or losses resulting from untimely performance or non-performance of this Agreement, in whole or in part, if it is caused, in whole or in part, by force majeure beyond the control of the Parties and without negligence of the Parties.

14.2. Such circumstances, events or reasons include (but are not limited to) the following: threat of war, armed conflict or serious threat of such conflict, hostile attacks, blockades, embargoes, actions of a foreign enemy, general military mobilisation, military operations, declared and undeclared war, actions of a public enemy, outrage, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, rebellion, insurrection, mass disorder, curfew, expropriation, compulsory acquisition, seizure of enterprises, requisitioning, public demonstration, blockades, unlawful actions of third parties, fire, explosion, long interruptions in transport operations regulated by the terms of relevant decisions and acts of state authorities, closure of sea straits, export/import bans (restrictions), etc., as well as those caused by exceptional weather conditions and natural disasters, namely: epidemics, epizootics, pandemics, severe storms, cyclones, hurricanes, tornadoes, floods, snow accumulation, ice, hail, frost, freezing of the sea, port straits, passes, earthquake, lightning, fire, drought, landslides, other natural disasters, etc.

14.3. The fact of occurrence and duration of force majeure shall be documented by the competent state authority in accordance with the current legislation of Ukraine. In the event of force majeure, the Party whose obligations are impeded by such circumstances shall notify the other Party in writing within ten (10) calendar days from the date of their occurrence.

14.4. The Company shall have the right to notify the Customers of the occurrence of force majeure circumstances by posting the relevant information on the Website. The Customers shall be deemed to be notified from the moment the information on force majeure circumstances is posted on the Website.

Receiving information and advertising materials

15.1. The Customer agrees to receive informational and advertising messages from the Company displayed on the Website, the Bot-channel and/or in the Account.

Intellectual property

16.1. The Customer agrees that the Website, the Bot-channel, documentation, as well as all other copyrighted works, as well as systems, ideas and methods, algorithms, other information contained on the Website, the Bot-channel and/or the Account, trademarks are the intellectual property of the Owner. This Agreement does not grant the Customer any rights to use intellectual property, including trademarks, except for the rights granted by the Agreement.

Final provisions

17.1. All suggestions or issues regarding the Offer and this Agreement shall be sent in the form of feedback in accordance with Section 18 of the Agreement.

17.2. The Customer agrees to use the laws of Ukraine as the applicable law/acting legislation.

17.3. With regard to any issue that directly or indirectly relates to the Offer/Agreement, the User agrees that the dispute shall be settled in the competent Ukrainian courts, in accordance with the procedure and in the manner prescribed by the current legislation of Ukraine.

17.4. The invalidity of a separate part of the Agreement shall not entail the invalidity of other parts of the Agreement as a whole. If certain provisions of the Agreement are amended, cancelled or invalidated by the Parties, the remaining provisions shall remain in force and binding on the Parties to the Agreement.

17.5. In the event that certain provisions, rights and obligations are not regulated by this Agreement, they shall be regulated and established by the current legislation of Ukraine.