Text of the agreement provided below is addressed to all and any natural and/or legal entities (hereinafter – the Customer) and is an official public offer (under Article 641 of the Civil Code of Ukraine) of an Ltd. PRORAPP, who acts on the basis of the Excerpt from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations No. 1004151020000056157 dated 5/26/2022 (hereinafter – the Contractor), to conclude this Public Offer Agreement (hereinafter – the Agreement) on the following conditions.Terms and conditions of this Agreement shall govern mutual relations between the Contractor and Customer and shall be determined by the Civil Code of Ukraine and other regulatory acts.The Agreement shall be deemed concluded in accordance with the procedure stipulated by Art. 642 of the Civil Code of Ukraine and shall enter into force as the adhesion agreement under Article 634 from the moment the Customer has accepted this public offer pursuant to the procedure determined by this Agreement, which means complete and unconditional acceptance of all the terms and conditions of the Agreement and Policy of Confidentiality, which is an integral part hereof, by the Customer without any exceptions and/or restrictions. The Customer and Contractor shall both hereunder referred to as the Parties and each separately as a Party.
1. TERMINOLOGY USED IN THE AGREEMENT1.1. Acceptance – complete and unconditional acceptance of the terms and conditions of the public offer and this Agreement by the Customer. The Acceptance may be carried out in one of the following ways: ● filling out the form available in the Application;● marking (ticking) opposite the appropriate box in the course of the Customer registration in the Application;● carrying out other actions that testify to the acceptance of the Public Offer conditions by the Customer, including transfer of documents, provision of information, and granting consent (including by means of consent confirmation) for the performance of actions by the Contractor in favor of the Customer.1.2. Application — aggregate information integrated in the software shell and intended for the installation (download) on the Customer’s mobile device, which allows searching for and communication between service customers and contractors by means of the Internet.1.3. Customer — a natural or legal entity that orders or intends to use Contractor’s services provided in the Application.1.4. Services – a list of the Contractor’s services provided in the Application.1.5. Public Offer – the Contractor’s offer (provided in the Application or on the website of the Contractor) addressed to an unlimited number of natural or legal entities to enter into this Agreement under certain conditions.
2. GENERAL PROVISIONS2.1. Each Party shall guarantee to another Party that they have the necessary legal capacity as well as rights and powers required and sufficient for entering into and effecting the Agreement in accordance with its terms and conditions.2.1.2. If the Customer is less than 18 (eighteen) years old, the Customer shall read this Agreement together with a parent or legal representative in order to understand the conditions hereof. 2.2. Current wording of this Agreement shall be always in the Contractor’s Application and shall be available for the Customer until acceptance of the conditions hereof by the Customer.2.3. This Agreement shall govern the provision of services in the Application, in particular:- voluntary choice of Services by the Customer;- self-completion of the form in the Application by the Customer;- payment for the Contractor’s services in the Application;- provision of services hereunder by the Customer.3.2. The Agreement is concluded between the Contractor and Customer in the form of the adhesion agreement.
3. SUBJECT MATTER OF THE AGREEMENT AND PROCEDURE FOR CONCLUSION OF THE AGREEMENT3.1. The subject matter of this Agreement shall be granting of the right by the Contractor to the Customer to use the Application in order to receive Services by means of the Application functionality on conditions determined by this Agreement.3.2. The Agreement shall be deemed concluded and shall enter into force from the moment of acceptance and shall be valid during the whole period of rendering Services or until termination for reasons set out by the conditions hereof and/or the rules of the current legislation of Ukraine.3.3. Entering into the Agreement means that the Customer:1) has got acquainted to the extent required with works performance/services provision rules;2) has accepted all conditions of the mentioned Agreement without comment;3) has read and agrees to the Policy of Confidentiality.3.4. The Application is provided on as is conditions. The Contractor can provide no guarantees with regard to uninterrupted and flawless functioning of the Application and/or functions on the Contractor’s mobile device; however, we strive for the improvement of the quality of our Applications. The Contractor can provide no guarantees regarding the consistency with the Customer’s objectives, does not guarantee accuracy, completeness, and timeliness of information received by the Customer, and provides no other guarantees not explicitly stated herein.3.5. The Customer shall be solely liable to the third parties for the Customer’s actions while using the Application, including the fact that such actions shall comply with requirements of the current legislation of Ukraine and violate no rights and legal interests of the third parties. The Customer shall independently and at own expense settle all claims of the third parties connected with the Customer’s actions while using the Application.3.6. The use of the Application functions shall not be possible in the absence of access to the Internet.1. The Contractor shall not be liable in the event of failures while loading the Application to the Customer’s mobile device.
4. SETTLEMENTS PROCEDURE4.1. Services may be rendered to the Customer on conditions of an initial payment by the Customer for the services according to the prices specified in the Application.4.2. The cost of Services shall be indicated in US dollars.4.3. In case of unilateral termination of the Agreement by the Customer, payment shall not be returned.4.4. Payment for the Contractor’s Services, and other financial liabilities of the Contractor to the Customer that may arise in accordance with requirements hereof, shall be made by means of funds transfer to the Customer’s settlement account using the Application or immediately through the bank.4.5. In case of ordering paid Services, the Customer shall pay for the Services on the condition of 100% preliminary payment by a bank transfer of funds to the current account of the Contractor specified in an invoice, including by means of the Internet-banking.
5. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR5.1. The Contractor shall:5.1.1. make this Agreement available for the Customer by publishing it in the Application;5.1.2. render Services listed in the Application to the Customer.5.2. The Contractor shall have the right:5.2.1. not to render Services until payment has been made by the Customer;5.2.2. to unilaterally make amendments to this Agreements, in particular, to the current prices for the Services, and pre-publication thereof in the Application;5.2.3. to completely or partially suspend the provision of services in the event of impossibility to render services due to circumstances that are beyond the Contractor’s control, or due to any other circumstances.5.3. The Customer shall not reproduce or distribute the Application for commercial purposes (including on a paid basis), including as a component of software products collections, without the Contractor’s written consent.5.3.1. The Customer shall not distribute the Application in a form different from that in which the Application was received, without the Contractor’s written consent.
6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER6.1. The Customer shall:6.1.1. get acquainted with information about Services available in the Application;6.1.2. independently fill out the form in the Application;6.1.3. comply with the conditions hereof;6.1.4. while filling out the form, notify (personally fill in) authentic personal information and data.6.2. The Customer shall have the right:6.2.1. to use Services under the conditions of this Agreement;6.2.2. to demand the fulfillment of the conditions hereof from the Contractor.
7. LIABILITY OF THE PARTIES7.1. The Customer shall be completely liable for the authenticity of data provided in the form. 7.2. If the Customer fails to indicate, or incorrectly indicates personal data, the Contractor shall not be liable for the Customer’s losses resulting from the refusal to return the preliminary payment, rendering services, and/or performance of other actions due to the impossibility of correct identification of the Customer.7.3. In other cases of non-fulfillment or improper fulfillment of obligations under the Agreement, the Parties shall be liable according to the legislation of Ukraine, taking into consideration the terms and conditions hereof. 7.4. In the event of a violation of this Agreement by the Customer, the Contractor shall be liable for the obligations specified in the Agreement.7.5. The Contractor shall not be liable for the actions of the third parties (including contractors) and shall not control the quality of services rendered by the third parties.7.6. The Contractor shall not be liable for the actions of the Customer and the Customer shall not be liable for the actions of the Contractor.7.7. The Contractor shall not be liable for the consequences of unauthorized use of the Application by the third parties; for direct or indirect losses borne by the Customer as a result of use/disuse of the Application.
8. FORCE-MAJEURE8.1. Each Party shall not be responsible for non-fulfillment, untimely or unsatisfactory fulfillment of any obligation hereunder, provided that such non-fulfillment, untimely or unsatisfactory fulfillment of any obligation hereunder results from the circumstances that are beyond reasonable control and will of the Parties (force-majeure). Force-majeure shall be circumstances specified in Art. 14-1 of the Law of Ukraine On Chambers of Commerce in Ukraine.1. A Party suffering from the force-majeure circumstances shall immediately, but not later than in three business days, notify another Party in a written form concerning the suspension of the mentioned circumstances.2. The result of force-majeure circumstances shall be the extension of the term for obligations fulfillment or duration of this Agreement for the period of extension thereof unless the Parties determine otherwise.3. If force-majeure circumstances last more than two months in a row, a Party shall have the right to withdraw from this Agreement by means of sending a written notice to another Party.
9. INTRODUCTION OF AMENDMENTS AND TERMINATION OF THE AGREEMENT9.1. The Contractor shall have the right to unilaterally introduce amendments to the Agreement by publishing the amendments in the Application. The amendments introduced shall enter into force from the moment of updating the Application, unless another procedure for entry into force thereof is determined.9.2. The Agreement may be terminated in the following cases:9.2.1. unilaterally by the Contractor, including, but not limited to, if the Customer by its actions violates rights of the third parties, leaves insulting comments or insulting with regard to the Customer or the third parties in the Application;9.2.2. for other reasons provided by this Agreement and/or current legislation of Ukraine.
10. DISPUTES RESOLUTION10.1. All disputes and discrepancies that occurred or could occur due to the inappropriate compliance with requirements hereof shall be resolved by means of negotiations between the Parties through a claim procedure.10.2. The Contractor shall, after a claim has been received from the Customer, have the right to consider the claim within 30 (thirty) business days and send a substantiated response in written form to the Customer.10.3. If the Parties fail to reach an agreement, the dispute or controversy arising from the Agreement or in relation herewith shall be referred to the court in accordance with the current legislation of Ukraine.
11. FINAL PROVISIONS11.1. The Customer shall guarantee that all conditions of this Agreement and Policy of Confidentiality are clear and that the Customer accepts them unconditionally and in full.11.2. As far as issues not governed by the Agreement are concerned, the Parties shall follow the rules of the current legislation of Ukraine.11.3. In the event of invalidation of a separate clause of the Agreement, the other clauses hereof shall remain valid.11.4. This Agreement shall apply to all further updates / new versions (next releases) of the Application. Agreeing to the installation of the update / new version of the Application, the Customer shall also accept conditions of the Agreement for the appropriate updates / new versions of the Application, unless another agreement applies to the updates (installation of the new version) of the Application.11.5. All copyrights to the Application and materials contained therein (including, but not limited to, any graphic images, pictures, texts, additional software, accompanying printed materials, and any copies of the Application) shall belong to the Contractor and/or the third parties that put such materials as their portfolio. This Application shall be protected by the international rules and rules of the national legislation of Ukraine with respect to intellectual property.11.6. Property and non-property intellectual property rights to all software products and services used within this Agreement shall be owned by the Contractor and shall pass to the Customer exclusively to the extent and on conditions stipulated by this Agreement. 11.7. By signing this Agreement, each Party shall, under the Law of Ukraine On Protection of Personal Data, give unambiguous and unconditional consent (permission) to processing of personal data provided in a written or electronic form to the extent stipulated by this Agreement, invoices, acts, bills and other documents related hereto in order to ensure the implementation of civil, economic, administrative and tax relations, including relations referred to accounting, and shall acknowledge the receipt of a notice on the inclusion of personal data to the other Party’s personal database and the fact of being aware of its rights as a personal data subject that is determined by Art. 8 of the Law of Ukraine On Protection of Personal Data, and the purpose of data collection and persons these data are transferred to. The Parties shall ensure the compliance with requirements of the Law of Ukraine On Protection of Personal Data, in particular, protection of personal data from unauthorized processing and access thereto, and ensure personal data subject’s rights in accordance with requirements of the Law of Ukraine On Protection of Personal Data.
12. CONTRACTOR’S DETAILSPOLICY OF CONFIDENTIALITYApplication «ProRapp» (hereinafter – the Application) pays considerable attention to the protection of users’ personal data. Application users may browse pages of the Application without disclosing any personal information. However, in order to render the Services listed in the Application, we need your contact details so that we can contact you and render the services. Your personal details shall not be transferred to third parties and confidentiality thereof shall be protected.1. General provisions1.1 This Policy of Confidentiality establishes a procedure for the receipt, storage, processing, use, and disclosure of users’ personal data. User’s personal data shall be received immediately from a user in the course of filling out the form in the Application when making orders via the phone numbers indicated in the Application and upon registration by the Customer (creation of Personal Account). Information required for rendering service shall be specifically marked. Other information shall be provided by the user at own discretion.1.2 Confidentiality of personal data shall be the compulsory condition for a store to obtain access to the user’s personal data, including the requirement not to allow disclosure thereof without the user’s consent or the availability of other legal grounds.1.3 The use of the Application shall mean the user’s consent to the Policy of Confidentiality and conditions of the user’s personal data processing.1.4 In case of disagreement with the conditions of the Policy of Confidentiality, the user may stop using the Application.1.5 This Policy shall be applied to the Application only. The Application does not control or is not liable for actions of the third parties the user may go to using the links available in the Application.1.6 Application administration does not verify the authenticity of personal data submitted by the Application user.1.7 The Customer acknowledges that, in case of negligent attitude towards secure storage of user’s login and password, the third parties may gain unauthorized access to the Customer’s personal account, personal and other data. The Application shall not be liable for any losses incurred due to such access.2. Personal data2.1 The Application collects personal data, in particular: given name, last name, contact phone number, e-mail address, postal address, etc. Also, we may specify and receive this information from you through a phone call.2.2 Other information is provided by the user at own discretion.2.3 The Application does not collect users’ IP addresses.3. Purposes of users’ personal data collection and processing3.1 The Application collects and stores the data required for the provision of services by you.3.2 The Application collects data for the purposes of communication with the user, including submission of appropriate notification on rendering a service, informing the user concerning the service period, and for the purposes of processing the user’s inquiries and requests.3.3 User’s personal data processing is carried out for an indefinite period of time and in any legal way.4. Conditions of granting database access4.1 We do not transfer users’ personal data to third parties, except for cases provided by the legislation of Ukraine.4.2 User’s personal data are disclosed upon ordering services in the Application. 4.3 In the event of loss or disclosure of personal data, the Application notifies the Customer of such loss or disclosure of personal data.4.4 The Application takes all the necessary organizational and technical measures for the protection of the user’s personal information from unauthorized or accidental access, destruction, distortion, blocking, copying, and distribution and from other illegal actions of the third parties.5. Change of personal data by the Customer5.1 The Customer may change (update, supplement, delete) personal data or a part thereof provided to them at any time using the function of entry to the Personal Account.6. Change of the Policy of Confidentiality6.1 We have the right to change the conditions of the Policy of Confidentiality. 7. Feedback. Questions and offers7.1 All offers and questions with respect to the Policy of Confidentiality should be sent to the Application user's support at the following e-mail address .moc.pparorp%40troppus