Offer contract

Last updated May 3, 2024

This Contract defines the rights and obligations of the Client and the Contractor when using the service "https://www.dataisland.com.ua/".

This contract is addressed to an unspecified group of persons and constitutes a public offer. The Client's unconditional acceptance of this Contract is the registration of the Service by filling out the Registration Form or checking the "I have read and agree to the terms of the offer" box, followed by the payment of the corresponding tariff by the person who received the offer.

TERMS

The parties use the following terms with these meanings:

Legislation — current legislation of Ukraine. Information service "https://www.dataisland.com.ua/" (Service) — a set of tools accessible at https://www.dataisland.com.ua/, depending on the tariff chosen by the Client. A description of the Service's properties is available to the Client at the Contractor's Service website at https://www.dataisland.com.ua/. All rights to the Service (and its components) belong fully to the Contractor. None of the provisions of this Contract may be interpreted as a transfer of exclusive intellectual property rights to the Service (or its individual elements) to the Client.

Contractor — a party to this Contract, providing the Client access to the Service. Client — a party to this Contract, who has accepted the Contract. Authorization data — data used by the Client to log into the Service and access the Personal Account.

Client's Personal Account (Personal Account) — a private part of the Service, consisting of secured pages created during the Client's registration, through which the use of the Service and the interaction of the parties is carried out. Access to the Personal Account is made by the Client through authorization using the Authorization Data. Registration Form — an electronic form located on the Site, into which the Client must enter Authorization Data.

Registration — the act of the Client filling out the Registration Form located in the Service, by specifying necessary information and an email address. Client's Site — an internet resource created using the functional capabilities of the Service.

Recurring Payments — ongoing payments made by the Client as a subscription fee (on a 100% prepaid basis) in accordance with the terms of the selected Tariff, or certain Client services that are realized over a specified period (week or month). Recurring Payments are automatically deducted from the bank (credit) card, the details of which are provided by the Client upon activating the selected Tariff.

Subscription — the Client's consent to extend the terms of the Tariff for the next period, in the volume of paid services and period of the Tariff, including the Client's consent to make Recurring Payments for access to paid services of the Service.

Contract — this Contract, including all appendices and rules specified in this Contract or explicitly named as appendices to this Contract.

Tariff — a set of Service capabilities that have a description and a specified cost. Contractor's Price List — a set of Tariffs and paid services of the Service, located in the Service at https://www.dataisland.com.ua/. Blocking — a technical measure used to restrict access to the Personal Account or the Client's Site.

Payment Operator — LiqPay, a payment service that provides Internet acquiring features - accepting payments on websites, in mobile applications connected to the Internet, serving the Contractor.

Client's Email — the email address of the Client, which the Client specifies when filling out the Registration Form. The parties agree that the email address specified at registration is the official means of communication, and messages sent to this email address are recognized as proper notification of the Client regarding all matters related to the execution of this Contract.

CONTRACT SUBJECT. GENERAL REQUIREMENTS

2.1. The subject of this Contract is the transfer by the Contractor to the Client of the right to access the Personal Account for the use of the Service under the terms and conditions stipulated by this Contract.

2.2. All conditions mentioned hereafter apply both to the Service as a whole and to each of its components separately.

2.3. The territory of this Contract's applicability is worldwide.

2.4. In accordance with the functional capabilities of the Service, the Client may create one or several accounts. Each account is administered by the Client independently through the Client’s Personal Account. The terms for creating, managing, editing, and operating each account are governed by the tariff applicable to the site.

2.5. The term of access to the free features of the Service is limited to the duration of this Contract.

2.6. The duration of this Contract is from the moment the Contractor receives the offer's acceptance until its termination for any reasons listed in the contract.

2.7. The Contractor has the right to amend this Contract and all its appendices (in whole or in part) unilaterally, without prior agreement with the Client. All amendments to this Contract become effective on the calendar day following their posting on the Service.

2.7.1. The Client is obligated to independently monitor changes to this Contract and its appendices by periodically reviewing the current version at least once a month. The Client is solely responsible for any consequences arising from not reviewing this Contract and its appendices.

2.7.2. If the Client disagrees with any provision of the Contract and/or its appendices, they must immediately cease using the Service.

2.8. This Contract consists of:

2.8.1. "Service Agreement" — constantly available in public access on the website at https://www.dataisland.com.ua/offer

2.8.2. "Tariffs" — constantly available in public access on the website at https://www.dataisland.com.ua/ua/prices. The Contractor has the right to send the Client a special offer describing a tariff specifically designed for the Client.

2.9. Seller - TIMUR RAFIEV, individual entrepreneur (identification code 3250020179), registered and operating in accordance with the current legislation of Ukraine, located at: 04073, Kyiv, Podilskyi district, Bondarska Street, building 3, apartment 104.

REGISTRATION, MOMENT OF CONTRACT CONCLUSION

3.1. To use the functional capabilities of the Service, the Client must complete the Registration process. Registration is done by entering Authorization Data into the system.

3.2. The moment of contract conclusion is the successful registration of the Client in the special section https://academy.dataisland.com.ua/ in the Service.

3.3. Registration is deemed successful, and the Contract considered concluded, at the moment the Client is redirected to the Client’s Personal Account.

3.4. The Client guarantees that the data provided during Registration are current and accurate and do not belong to third parties.

3.5. If the Client acts on behalf of a legal entity (sole proprietor) during Registration, they guarantee that they have the appropriate authority to accept this Contract.

USAGE OF THE SERVICE. ACCESS PROVISION. RESTRICTIONS

4.1. Within the scope of this Contract, the Client is entitled to use the Service in the following ways:

4.1.1. Отримання доступу до Особистого Кабінету Клієнта, розташованого в Сервісі;

4.2. When using the Service, the Client is prohibited from:

4.2.1. Modifying the software included in the Service, including altering, decompiling, disassembling, decrypting, and performing other actions with the object code of the software;

4.2.2. Using the Service in a way not explicitly provided for by this Contract;

4.2.3. Distributing, copying, or otherwise publicizing the software included in the Service;

4.2.4. Attempting to circumvent technical restrictions in the software included in the Service;

4.2.5. Using the Service or its parts beyond the term of this Contract.

4.3. Access to the Service is provided round the clock (except when technical maintenance is being performed). The Contractor is not liable if access to the Service is restricted due to the Client's lack of Internet access.

4.4. When using the Service, the Client gains access to all reference materials placed in the Service, as well as the opportunity to receive technical support from the Contractor on issues that arise during the use of the Service. Technical support is provided within the existing functional capabilities of the Service. Technical support for the Client is not an obligation of the Contractor.

4.5. Access to the paid features of the Tariff is provided to the Client within five (5) working days from the payment of the Tariff.

4.6. Through the Service, it is prohibited to use (post) materials and links containing:

4.6.1. Obscene or vulgar words or phrases, pornographic images and texts or scenes of a sexual nature involving minors;

4.6.2. Threats, calls for violence, and the commission of unlawful acts, violation of the law;

4.6.3. Elements of violence, cruelty, racial, national, or religious discord, as well as links to such materials;

4.6.4. Nazi attributes or symbols;

4.6.5. Propaganda of criminal activity, guides for committing unlawful acts;

4.6.6. Material containing threats, which discredits, insults, defames the honor and dignity or business reputation, or violates the privacy of other Users or third parties;

4.7. The Client guarantees that through the Service, they post (use) materials (information), the exclusive rights to which belong to the Client.

Rights and Obligations of the Parties

5.1. The Contractor is obligated to:

5.1.1. Provide the Client with access to the Service.

5.1.2. Rectify any malfunctions in the operation of the Service that are due to the fault of the Contractor within reasonable timeframes.

5.2. The Client is obligated to:

5.2.1. Use the Service within the scope provided by Section 4 of this Contract.

5.2.2. Make payments for the services provided by the Contractor in accordance with the terms and conditions of this Contract and the selected Tariff.

5.2.3. Immediately notify the Contractor in the event of the loss of Authorization Data.

5.3. The Contractor has the right to:

5.3.1. Unilaterally terminate the Contract and/or block the Client's access to the Client’s Personal Account in cases of the Client's violation of the Legislation and/or the terms of the Contract (and its appendices). The Contractor is not liable for any losses (damages) incurred by the Client due to the termination of the Contract and/or Blocking. The Contractor is not required to inform the Client of the reasons for the termination of the Contract and/or Blocking.

5.3.2. Conduct maintenance on the server, temporarily suspending access to the Service. The Contractor will notify the Client of maintenance activities via notification on the Site or by e-mail distribution.

5.3.3. Use the Client's name, as well as its trademarks (service marks) and logos for the purpose of advertising the Contractor’s services.

5.3.4. Modify or release updates to the software and the Service, adding new properties or functionalities to the Service software that enhance its performance or otherwise improve its characteristics.

5.3.5. Delete information uploaded by the Client to the Service during the use of a paid Tariff, after 30 (thirty) days from the expiration date of the Tariff.

5.3.6. Make changes to the Tariffs, including changes to the cost of services provided and the functional capabilities of the Service for the respective Tariff.

5.3.7. Access the Client’s Personal Account for monitoring the operation of the Service.

5.3.8. At its own discretion, the Contractor may (but is not obligated to) at any time and for any reason review, monitor, and/or edit the Client’s account, with or without sending a notification to the Client.

5.3.9. Delete the Client's account upon the Client's request, or in case of the Client's violation of the terms of this Contract.

5.4. The Client has the right to:

5.4.1. Access the Service in accordance with the terms of this Contract and the Tariff.

5.4.2. Use the Service in accordance with the terms of this Contract.

PERSONAL DATA. CONFIDENTIALITY ASSURANCE

6.1. By accepting this offer, the Client consents to the processing of personal data.

6.2. The procedure for processing, storing, and using the Client's personal data is carried out by the Contractor in accordance with the "Privacy Policy," located on the site at https://www.dataisland.com.ua/privacy, which is an integral part of this Contract at https://www.dataisland.com.ua/offer.

PAYMENT PROCEDURE

7.1. Payment for services provided under the Tariff is made based on an Advance Payment for the period of use of the Tariff. The amount of payment for the services provided by the Contractor is determined by the Tariff selected by the Client. Payment is made in Ukrainian hryvnia through payment systems MasterCard, Maestro, Visa, via the Payment Operator system, based on the price listed in the Tariff. The Client's obligation to pay is considered fulfilled at the moment the funds are credited to the account of the Payment Operator. The time for crediting funds to the Contractor's account may take up to 3 (three) banking days and does not depend on the Contractor.

7.2. When paying for the Contractor's services, the Client purchases a Subscription, which includes Recurrent Payments. Tracking the validity period of the Subscription is carried out by the Client independently in the personal account. The termination of the Subscription is performed in the Client's personal account. The deduction of funds will be stopped in the next calendar period following the date of disconnection. If the User does not unsubscribe for any reason, funds are automatically debited from the Client's bank card and are non-refundable. The cancellation of the Subscription and, consequently, the termination of Recurrent Payments are regulated by section 7.8 of the Contract. Upon automatic renewal of the Subscription, on the day of its expiration, the cost of services chosen by the User and included in this Tariff at the time of debiting will be deducted from the bank card specified by the Client.

7.3 The Client guarantees that they are the holder of the bank card and that they enter all required bank card details accurately and completely during payment.

7.4 In the event there are insufficient funds on the Client's bank card on the day of deduction necessary for payment of services included in the Tariff for the next period, or if the deduction fails for any other reason, an attempt to rededuct will be made within 5 (five) calendar days (every 24 hours until successful payment). If, after 5 (five) calendar days, the funds cannot be deducted, the term of the Tariff will not be extended for a new period.

7.5 If the Client terminates the Subscription after the prepaid period has ended, according to the current Tariff, access to the paid features of the Personal Account will be terminated, but the Client retains the right to use the free features of the Service.

7.6 The Client has the right to change the Tariff used through the Personal Account at any time at their discretion.

7.6.1 In the case of transitioning the Client's Site to a Tariff with a higher price than the current Tariff, the transition to the new Tariff will be made after payment of an amount calculated automatically.

7.6.2 In the case of transitioning the Client's Site to a Tariff with a lower price than the current Tariff, the transition is possible after the Client disables Recurrent Payments, and after the end of the paid period, according to clause 7.8 of this Contract, followed by the payment for the selected Tariff.

7.6.3 When purchasing a new Tariff, unused credits of the current Tariff expire and do not carry over to the new Tariff.

7.7 The Contractor has the right to offer discounts on Tariffs. The amount and duration of the discount are established by the Contractor independently and communicated to the Client by posting information on the Service and/or via email distribution to the Client.

7.8 During the period of a paid Subscription, the Client has the right to unilaterally terminate the Contract, and the paid funds are non-refundable.

7.8.1 Refunds for payments made by the Client are not issued. The Client retains the right to use the paid features of the Service for the paid period, in accordance with the Tariff.

7.8.2 Disabling Recurrent Payments is carried out independently by the Client, using the appropriate function in the Personal Account or by contacting technical support. Actual deactivation occurs within 3 (three) working days. If a payment for the respective period according to the Tariff falls within this three-day period, the payment is considered fulfilled by the Client. The Client will be granted access to the paid features of the Personal Account, in accordance with the Tariff.

7.9 If, within 3 (three) working days after the end of the paid period, the Contractor receives no claims from the Client related to the volume of rights provided under the Tariff, it is considered that the Contract has been fully executed by the Contractor. Subsequent claims are not accepted.

7.10 The parties have agreed that Acts of work performed by the Contractor are not provided. Access to the Client's Personal Account serves as proof of the service provided.

LIABILITY. DISPUTE RESOLUTION

8.1. The Service is provided to the Client "as is," in accordance with the generally accepted principle in international practice. This means that the Contractor is not responsible for any problems that may arise during the installation, update, support, and operation of the Service (including compatibility issues with other software products (packages, drivers, etc.), discrepancies between the results of using the Service and the Client's expectations, etc.). The Client must understand that they are fully responsible for any negative consequences caused by incompatibility or conflicts of the Service with other software products installed on the Client’s computer or other devices. The Service is not intended and cannot be used in information systems operating in hazardous environments or servicing life-support systems, where failure of the Service could pose a threat to human life or cause significant material damage.

8.2. The Contractor is not responsible for the inability to use the Service due to reasons dependent on the Client or third parties.

8.3. The Contractor makes all possible efforts to ensure the normal functioning of the Service, however, it is not liable for the non-performance or improper performance of obligations under this Contract, nor for direct or indirect losses to the Client, including lost profits and possible damage, including as a result of:

8.3.1. Unlawful actions of Internet users aimed at violating information security or the normal functioning of the Service;

8.3.2. Absence (impossibility of establishment, termination, etc.) of Internet connections between the Client's device and the Contractor's server;

8.3.3. Actions conducted by state and municipal authorities, as well as other organizations as part of operational-search measures;

8.3.4. Establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or establishment by these entities of one-time restrictions that complicate or make it impossible to perform the Contract;

8.3.5. Other cases related to actions (inaction) of Internet users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment, existing at the time of the conclusion of the Contract;

8.4. The Contractor reserves the right to suspend the operation of the Service for maintenance (preferably at night or on weekends).

8.5. When using the Service, the Client undertakes not to violate the Legislation, the interests of third parties, or the provision of services (sale of goods) to third parties. The Contractor is not responsible for the actions of the Client performed using the Service, nor for the Client's failure to fulfill obligations to third parties.

8.6. The Client is solely responsible for the security of their Authorization Data and for losses that may arise due to their unauthorized use.

8.7. Under any circumstances, the Contractor's liability is limited to the amount of the last payment made by the Client.

8.8. In the event of disputes or disagreements arising from or related to this Contract between the Client and the Contractor, the parties shall take all measures to resolve them through negotiations between themselves. The parties have established that the response time to a pre-trial claim is 10 working days.

8.9. If it is not possible to resolve disputes and/or disagreements between the parties through negotiations, such disputes shall be resolved in the Arbitration court or in the court of general jurisdiction at the location of the Contractor.

DURATION OF THE CONTRACT, TERMINATION PROCEDURE

9.1. This Contract enters into force from the moment of the offer's acceptance and remains in effect until terminated by the parties.

9.2. This Contract is a public offer. Should the Contract be rescinded by the Contractor during its term, the Contract shall be considered terminated from the moment of rescission. The rescission is carried out by unsubscribing in the personal account on the website https://www.liqpay.ua/.

9.3. This Contract may be terminated early:

9.3.1. by mutual agreement of the Client and the Contractor, taking into account the provisions of clause 7.8 of the Contract.

9.3.2. After the termination of this Contract, access to the Client’s Personal Account is blocked, and the Client's Site(s) are subject to deletion or blocking.

9.4. To regain access to the Personal Account after the termination of this Contract, the Client must undergo the Registration process again, which will constitute a new acceptance of the offer and, consequently, a new conclusion of the Contract.

OTHER CONDITIONS

10.1. By accepting the terms of this Contract, the Client confirms that they have lawful grounds for processing the information they own using the Service.

10.2. All matters not settled by this Agreement are to be resolved in accordance with the Legislation.

SELLER`S ADDRESS AND DETAILS:

Individual Entrepreneur RAFIIEV TYMUR
Identification Code: 3250020179
Identification Code: 3250020179 Address: 04073, Ukraine, Kyiv, Podilskyi District, Bondarska Street, Building 3, Apartment 104
Taxpayer Number: 3250020179
Bank Name: JSC CB "PRIVATBANK"
Bank ID Code (EDRPOU): 14360570
Bank Code: 305299
Recipient's Account Number:No. UA693052990000026009025008069 (Current Account)
E-mail: info@ni.solutions