PUBLIC CONTRACT (OFFER)

LIMITED LIABILITY COMPANY "JASTTECH", USREOU 45418680 (hereinafter "Company" or "Rightholder") offers to an unlimited number of individuals (hereinafter – "Customer" and/or "User" and/or "Performer" ("Teacher") (collectively – "Parties", separately "Party") to join this Public Agreement (offer) (hereinafter – "Agreement" and/or "Offer") on the conditions defined therein and in accordance with the selected the list of services. The following conclusive actions will also be considered as joining this Agreement: registration on the Website and/or Mobile application, ticking the box opposite the "Acquainted with the Public Agreement (offer)" and/or signing the corresponding Addendum (Additional Agreement) to this A public contract (offer) containing details of the cooperation of the Parties. By accepting the contract, the "Customer" / "User" / "Performer" ("Teacher") fully accepts the terms and conditions of placing an order, the terms and conditions of the educational process, requirements for teachers, responsibility and all other conditions of this Agreement. If you do not agree with any point of this public offer, or if you do not understand any point of this offer, we suggest that you refuse to enter into this public contract. In case of disagreement with the terms of this Agreement, the conclusion of the accession agreement is not possible.

This Agreement is public in accordance with Art. Art. 633, 634, 641 and Chapter 63 of the Civil Code of Ukraine and its conditions are the same for all "Customers"/ "Users"/ "Performers" ("Teachers").

  1. DEFINITIONS OF TERMS


    For purposes of this Agreement, the following terms shall have the following meanings:
    1. “Agreement” – this public agreement (with all amendments and additions) published by made on the Website at the address https://justsmart.com.ua/en and/or in the Mobile application and addressed to any natural person wishing to place an order (purchase a service and/or provide a service ). According to this contract, the Company undertakes to sell the services listed on the website https://justsmart.com.ua/en and/or in the Mobile application to all who will apply for their purchase;
    2. "Appendix" / "Additional Agreement" - A document recording written agreements between the Company and the Customer and/or User and/or Performer (Teacher). Such agreements may include, but not exclusively, information on the details and cost of services, the procedure and terms of their provision, and other conditions, the need for detailing of which is determined by the Parties. Such a document can be concluded, including in electronic form, including with the use of the KEP and/or be a component of the User's account;
    3. "Offer" - a public offer of the Company, addressed to an unspecified circle of persons, to conclude a Public Contract with the Company in a remote manner on the terms contained in this Contract, including all Annexes, Additional Agreements, etc.;
    4. "Acceptance" is the unconditional acceptance of the terms of this Agreement between the "Customer" / "User" / "Performer" ("Teacher") and the Company. Acceptance certifies the fact of conclusion of the Agreement and can be carried out by placing an order, signing the relevant Addendum and/or Additional Agreement to this Public Agreement (offer) or performing other conclusive actions;
      If the "Customer" / "User" / "Executive" ("Teacher") does not agree with any of the terms of the Agreement, he has no right to place any orders with the Company. Full and unconditional acceptance by the "Customer" / "User" / "Performer" ("Teacher") of the terms of the Agreement is a necessary condition for placing an order for services.
      According to Article 642 of the Civil Code of the Ucountry's full and unconditional acceptance of the terms of this Agreement, which confirms the conclusion of the Agreement on the proposed terms, is the execution of conclusive actions.
    5. "Website" – the Company's website, which is located at the address https://justsmart.com.ua/en and all its subdomains, through which the Company's services are provided, as well as access to the information and analytical materials on it in accordance with the provisions and conditions specified in this Agreement;
    6. "Mobile application" is a copy of a computer program in the form of a mobile application (application) for mobile devices iOS, Android, which is provided by the Company to the Customer and/ or to the User and/or Performer (Teacher) for temporary use (during the term of this Agreement) for a functional purpose by the end consumer as a tool for obtaining access to the Company's services;
    7. "Platform" is a technological platform in the form of an interconnected set of computer programs and electronic data in the form of numbers, letters, symbols, images and their combinations (including graphic information, video information, etc.) intended for automated monitoring, provision and/or receipt of Services, collection, processing, distribution, storage, presentation of data on Orders placed on it by Users, and on Service offers, which have been posted by the Company, provide ratings, etc. The Platform is the result of computer programming belonging to software products;
    8. "Visitor" is a natural person who uses the Website and/or Mobile Application without registering an Account;
    9. "Order" - the decision of the Customer and/or the Performer (Teacher) to order and/or the service made on the Company's Website and/or in the Mobile application;
    10. "Freeze" - a function that allows returning to the Customer's balance a limited number of lessons that he missed (returned in the form of a bonus lesson);
    11. "Customer" – an adult natural person except for persons who: are in the temporarily occupied territory and/or in the territory of active hostilities and/or residents, or persons who are in the territory of the Russian Federation and/or are persons to whom personal special economic and other restrictive measures (sanctions); do not have the necessary legal capacity and legal capacity to enter into such transactions), the person who pays for the Company's services, the order can be placed by the Customer both in his own interests (then the Customer himself is a User) and in the interests of third parties (Users), in that including a minor or minor child (hereinafter referred to as the "Child") by the legal representative, guardian, whose custodian is the Customer;
    12. "User" is a party to the Agreement, an adult natural person who placed an order for services or a minor/minornatural person in whose interests the order for services presented on the Company's Website and/or Mobile Application was placed. A person who directly receives and/or provides services. All Users acquire equal rights and obligations under the Agreement. When the User is a child, the order of services is made in its interests by the Customer, who is obliged to monitor the implementation of this Agreement by the User and is responsible for such User;
    13. "Performer" ("Teacher") - a party to the Agreement, an adult natural person who fulfills the order of services (provided services) in the interests of the Customer of the services presented on the Company's Website and/or Mobile application. All Performer s (Teachers) under the Agreement acquire equal rights and obligations to the Customer and the Company;
    14. "Child" is a minor and/or minor natural person in whose interests the Customer has ordered the services presented on the Company's Website and/or Mobile Application;
    15. "Account" is a set of information about the User provided byor by the Customer and/or the Performer (Teacher) during registration, which contains information necessary to identify the User for further authorization on the Website and/or Mobile application, in particular: the User's last name, first name, phone number, e-mail and password;
    16. "Price" - the amount of money determined by the Company, paid for the services ordered/purchased/received from the Company by the Customer/Executive (Teacher);
    17. The Agreement may use terms not defined in Section 1 of the Agreement. In this case, the terms are interpreted in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of the term in the text of the Agreement, the interpretation of the term defined primarily by the legislation of Ukraine, and secondly by the website https://justsmart.com.ua/en, should be used. then the generally accepted interpretation of the provision.

  2. GENERAL PROVISIONS

    1. By concluding the Agreement (i.e. accepting its terms), the Customer/User/Performer (Teacher) confirms the following:
      The Customer/User/Performer (Teacher) is fully and completely familiar with and agrees with the terms of this Agreement and he gives permission for the collection, processing and transfer of personal data under the terms of the Policy confidentiality;
      The Customer/User/Executive (Teacher) is informed (without additional notice) of the rights established by the Law of Ukraine "On the Protection of Personal Data", about the purposes of data collection, as well as the fact that his personal data is transferred to the Company for the purpose of the possibility of performance terms of this Agreement;
    2. Customer/User/Executive (Teacher) has the necessary legal capacity and authority to join this Agreement, is able to fulfill the terms of this Agreement and bear responsibility for violating its terms, has familiarized himself with the terms of this Agreement, the Privacy Policy, the Consent to the Collection and Processing of Personal Data data in full and accepts their terms in full without any restrictions, agrees and under takes to comply withI agree to the terms of these documents and consent to the collection and processing of personal information provided to the Company under the conditions and in the manner provided by the current legislation of Ukraine and these documents.
    3. Customer/User/Executive (Teacher) is fully and completely familiar with and agrees with the terms of this Agreement regarding the possibility of video recording (video recording) by the Company of the process of providing and/or receiving educational services within the scope of obtaining access and/or using the Website and/ or Mobile application and it gives permission for the collection, processing of use, including, but not limited to, such video recording by the Company and transfer of personal data to Terms, Privacy Policy;
    4. All relations arising in connection with this Agreement are governed by the current legislation of Ukraine, unless otherwise expressly stated in the Agreement itself.

  3. SUBJECT OF THE AGREEMENT

    1. The Company undertakes to provide services (by accessing the internal functionality of the Website and/or the Mobile Application) using the technical capabilities of the Website and/or the Mobile Application at the order of the Customer and/or the Contractor (Teacher ), and the Customer and/or Performer (Teacher) – to accept and/or provide and pay for the services on the terms, defined in this Agreement.
    2. Any information on the Website and/or Mobile Application is provided to the User on an “as is and as available” basis and should not be construed as an inducement to take action.
    3. Company provides the User with access to the Website: https://justsmart.com.ua/en and/or the Mobile Application to use the following functionality of the Platform in accordance with these Rules:
      Services for providing access to virtual classes, educational resources, educational services in the field of information technologies, including by providing access to public educational, scientific and informational resources on the Internet, teaching computer literacy (digital literacy).
    4. Access to the internal functionality of the Website and/or Mobile Application is provided on a paid and/or free basis. All information about the functionality of the Website and/or Mobile Application and the terms of its use are available to the User on the Website and/or Mobile Application. The Customer/User/Performer (Teacher) agrees that he is solely responsible for familiarizing himself with the conditions of access to the functionality of the Website and/or the Mobile Application. The User consumes services by participating in individual or group classes, by viewing or teaching educational materials, including online courses, which were accessed after ordering services on the Website and/or Mobile Application.
    5. Company, at its discretion, may from time to time make changes to this Agreement, the Privacy Policy, and other documents that are an integral part of this Agreement (hereinafter referred to as "Documents"). The Company will post changes on the Website indicating the date the documents were last revised.
    6. This Agreement may be amended and/or supplemented by the Company unilaterally without any special notification to, the Company reserves the right to notify Users of changes to the Agreement and other Documents by sending a notification to the User's e-mail. This Agreement is an open and publicly available document. The Company recommends that Users regularly check the terms of the Agreement for changes and/or additions. The changes take effect from the date of publication of the documents in the new version.
    7. If the User does not agree with the changed terms, he should stop using the Website and/or Mobile Application and not use the Company's services.
    8. Further use of the services or other use of the technical capabilities of the Website and/or Mobile application by the User after the publication of the new version of the Agreement will be considered as the consent of the Customer/User/Executive (Teacher) regarding the new conditions of the offer and the new version of the Agreement. If the Company does not receive an electronic refusal from the User within one calendar day from the moment of publication of changes to the Agreement, the proposed changes/additions to the Agreement and/or Documents will be considered accepted and agreed upon by the User in accordance with Part 3 of Art. 205 of the Civil Code of Ukraine.
    9. The main language of the Agreement and the Website is the Ukrainian language, which prevails over other editions available on the Website (documents may also be presented in other languages).

  4. ACCOUNT REGISTRATION. PROCEDURE FOR ORDERING SERVICES

    1. The condition for providing services is registration (when registering, it is necessary to mark your agreement with this Agreement and other documents posted on the Website and/or Mobile Application) and authorization on the Website and/or Mobile Application. By registering an Account, the Customer and/or the Performer (Teacher) guarantees that the information provided by him is true, up-to-date, accurate and complete. The Customer and/or the Performer (Teacher) guarantees and confirms that he is a legal adult, and that he has the rights and authority to enter into this Agreement.
    2. In the event that the User does not reach the age of majority, one of the parents or a legal guardian will act as the Customer and bear full responsibility for the registration and access to the Account of the minor or minor User, as well as for the use of the services by such User. The Customer and the User must comply with the terms of this Agreement and other documents published on the Website and/or Mobile Application.
    3. The e-mail address provided during registration is sent with login details for the Account on the Website and/or Mobile Application. Also, during registration, you may be asked to confirm your mobile phone number by entering the confirmation code sent to the mobile phone specified during registration. After passing all levels of authorization User gets access to the Account.
    4. In the future, access to the Account is carried out by entering the User's login and password.
    5. User/Customer/Executive (Teacher) is solely responsible for maintaining the confidentiality of the Account login and password. All actions performed on the Website and/or Mobile Application using the login and/or password of a particular User's Account are considered to be his actions "by default" and do not require additional verification (check) by the Company.
    6. From the moment of registration of the Account, the User acquires the right to obtain, using the technical capabilities of the Website and/or Mobile Application, access to a set of data of an informational and reference nature, including the receipt of services provided by the Company:
      after the User's registration service on the Website and/or Mobile application (maintenance of the created Account with the possibility of filling it independently by the User with his/her own information personal data);
      by deleting the User's Account at his request;
      providing the User with the opportunity to select services in order to further create online orders for access to them under certain conditions;
      creation of online orders by the User on the Website and/or Mobile Application;
      organization of the User's access to information materials that can be obtained (purchased) using the technical capabilities of the Website and/or Mobile application;
      organization with the help of the Website and/or Mobile application of communication between the User and the Company by exchanging messages in text and other form to provide the necessary information.
    7. In case of unauthorized access to the Account, the User must immediately notify the Company. In the absence of notification, the User (if the User is a minor, then the Customer) and/or Performer (Teacher) is responsible for all actions performed on behalf of such Account.
    8. Company reserves the right to block the account or limit (terminate) the provision of rights to use the services in case of violations of this Agreement, the User Agreement and/or the requirements of the current legislation of Ukraine.
    9. All information about services (price of services, terms of provision, other information) is available on the relevant page of the Website and/or Mobile application, where the User can familiarize himself with the terms of service provision, in case the User, after having familiarized himself with the terms of provision services, questions remain, he can contact the Company by text messaging, or by calling 0800335481 to Website https://justsmart.com.ua/en (calls from landlines phones within Ukraine are free. Calls from mobile phones telephones according to the tariffs of mobile operators).
      Orders are made from your personal Account.
      The order is confirmed after confirmation of payment, namely from the moment funds are credited to the Company's account.
      Company provides the User with access to paid materials of the Website and/or Mobile Application after payment, access to free materials is available from the moment of registration.
      Services are provided online.
      The term of providing the service depends on the type and price of the service chosen by the Customer during the Order.

  5. FUNCTIONAL CAPABILITIES OF THE SITE AND/OR MOBILE APPLICATION

    1. Distance learning services listed on the Website (https://justsmart.com.ua/en).
      1. The company selects a teacher for lessons in consultation with the User, taking into account their requirements and preferences.
      2. The User has the right to change the current teacher at their request.
      3. The company reserves the right to replace the User’s teacher for valid reasons, with mandatory prior notification to the User.
      4. The lesson schedule is agreed upon with the User.
      5. The duration of one lesson is as follows:
        • 40 minutes for individual lessons for Users under 10 years old;
        • 50 minutes for individual lessons for Users aged 10 and above;
        • 50 minutes for individual lessons regardless of the User's age;
        • 60 minutes for group lessons in Scratch programming, Roblox, Game Design, and Minecraft;
        • 90 minutes for group lessons in Python programming and Website Development.
      6. Rescheduling or cancellation of lessons by the User must be made no later than 1 hour before the lesson's start time. Failure to comply with this deadline is considered a no-show by the User.
      7. If the User fails to notify or notifies late about rescheduling or canceling a lesson, or exceeds the allowed limit of rescheduling/cancelations, the lesson is considered conducted and is subject to 100% payment.
      8. The User can notify the Company of their absence from a group lesson. Since such a lesson cannot be canceled or rescheduled, the manager offers the student to freeze the lesson and records the freeze. Freezing applies only to children’s packages; adult group lessons cannot be frozen. The User may freeze lessons at any time for a set number of weeks while the packages are valid. Once all available freeze weeks are used, missed lessons will expire and be deducted from the balance. This freezing condition applies exclusively to the updated group format with six Users per lesson.
      9. The number of freezes allowed depends on the most recent paid package:
        8 lessons – 2 freezes;
        16 lessons – 4 freezes;
        32 lessons – 8 freezes;
        64 lessons – 16 freezes.
        1. Freezing online group lessons in programming:
          For groups of 8-12 students, freezing is available for packages of 16 and 32 lessons. If the User cannot study for a specific period, the Company removes the User from the group to prevent lessons from being deducted.
      10. Number of freezes for the updated group format (6 simultaneous Users):
        A 64-lesson package allows a maximum of 2 weeks of freezing per package period. The client can freeze lessons for at least one week. After freezing for 2 weeks, no further freezes are possible.
        A 96-lesson package allows a maximum of 4 weeks of freezing. Similarly, lessons can only be frozen for at least one week. After 4 weeks of freezing, lessons will expire.
      11. Notifications about lesson cancellations or rescheduling can be sent via the User’s account, if such functionality is available, and/or via text messages to agreed communication channels of the User, Company, or teacher.
      12. Cancellations or rescheduling do not apply to introductory lessons, which are always free for the User. However, the Company reserves the right to refuse a repeat introductory lesson.
      13. Teachers may reschedule lessons (due to illness or other valid reasons), notifying the User at least 24 hours in advance. If the User feels that the teacher reschedules lessons too often, they may request a teacher change from the Company.
      14. If the User is unavailable at the scheduled lesson time, the Company will send an SMS reminder to the User’s contact number. The scheduled start time is still considered the lesson’s beginning. If the User does not respond or attend, the lesson is considered conducted and charged at 100%.
      15. Lessons missed due to the teacher’s or Company’s fault are fully rescheduled at a convenient time for the User.
      16. If the User’s balance reaches zero, they must top it up within seven business days to continue lessons with the current schedule and teacher. If the balance is not replenished within this time, the Company stops reserving lessons in the teacher’s schedule for the User. The Company cannot guarantee the same schedule and teacher, even if the payment is made within seven days after the balance expires.
      17. Price recalculations: If the User decides to resume lessons after a prolonged inactivity (90 calendar days or more), the Company may adjust the lesson prices according to the current rates.
      18. If the User switches between group and individual lessons or vice versa, the lesson count will be recalculated based on the average package price, which may result in a different number of lessons.
      19. Package validity periods:
        1. 4 lessons – valid for 30 days from the first lesson;
        2. 8 lessons – valid for 60 days from the first lesson;
        3. 16 lessons – valid for 120 days from the first lesson;
        4. 32 lessons – valid for 240 days from the first lesson;
        5. 50 lessons – valid for 300 days from the first lesson;
        6. 100 lessons – valid for 540 days from the first lesson.
        Once the package validity period expires, all unused lessons are deducted from the balance, regardless of usage.
    2. Online Course:
      1. Access to online courses is provided to the User via the Internet through the Website and/or Mobile Application.
      2. The User independently plans the schedule for the Online Course at their convenience.
    3. Updated group lesson format for adults and children aged 9+. Duration: 60 minutes; Group size: up to 6 participants;
      Conducted on the Website and/or Mobile App with audio and video;
      Lessons are recorded and uploaded to Google Drive for viewing or downloading; Schedule: twice a week. Weekend groups consist of two consecutive lessons. Rescheduling or canceling group lessons is not allowed.
    4. Minimum PC system requirements:
      • OS: Windows 7/8/8.1/10, macOS 10.9, 10.10, 10.11;
      • Browser: Latest stable version of Google Chrome with auto-updates enabled;
      • RAM: 2 GB or higher; Processor: Dual-core, 1.8 GHz;
      • Microphone;
      • Internet: 1 Mbps or higher.
    5. Recommended PC system requirements:
      • OS: Windows 8 / 8.1 / 10+ , macOS X 10.10, 10.11+;
      • Browser: Latest Google Chrome with auto-updates;
      • RAM: 4 GB or higher;
      • Processor: Dual-core, 2.2 GHz or higher;
      • Microphone and webcam;
      • Internet: 35 Mbps or higher.
    6. Minimum mobile requirements:
      • Android Chrome, Samsung Internet Browser (modern versions);
      • iOS Safari, Chrome (modern versions).
    7. Workspace setup:
      • Close programs consuming internet bandwidth (e.g., file-sharing apps).
      • At the start of the lesson, the student must enable microphone and camera access.
    8. The Company is not responsible and does not warrant that in the course of providing the services there will be no technical or any other problems, including failures in the operation of the Website and/or the Mobile Application and/or third-party services that may be used in the course of providing the services; that access to the services will be provided continuously, quickly, reliably and without errors; that all errors in the operation of the Website and/or the Mobile Application, third-party services will be corrected.
    9. The User understands and agrees that the Company does not guarantee specific outcomes, service quality, or content reliability.
    10. The Company is not responsible for and does not guarantee that the User will receive any results from using the services; completeness, reliability and quality of services, content; compliance of services, content with expectations and/or other requirements.

  6. PRICE OF SERVICES AND BILLING PROCEDURE

    1. For access to certain functionalities of the Website and/or Mobile Application the User may be charged a fee in accordance with the Company's Tariffs. Information about the price of services (Tariffs) can be found in the Account. The user confirms that he is familiar with the Tariffs.
    2. Payment for services is made in the User's Account. Payment for services is made by 100% (one hundred) prepayment to in accordance with the selected Tariff. The moment of payment is considered the receipt of funds to the Company's account. The company may not provide paid services until payment is made. The price is determined and applied according to the Tariff chosen by the User.
    3. In addition to 100% advance payment, the Customer has the option of paying in installments. The installment terms may change, the current information about the installment terms can be found in the Account.
    4. Payments for services are made by transferring funds to the Company's current bank account or through online payment services used by the Company. Payment is made in accordance with the Tariffs in effect at the time of ordering services.
    5. Payment for services is made in hryvnia or hryvnia equivalent according to the exchange rate set by the Company as of the day of payment.
    6. Company undertakes to provide services only after receiving confirmation of payment from the User.
    7. The company unilaterally sets the prices and terms of service provision. In the event of a change in the cost of services, the User shall be provided with services at the prices valid at the time of ordering the service. The set price and terms of service provision are valid until the next change in the price of services, as well as during the entire period prepaid by the User.
    8. The user pays all commission costs and other payments provided by the bank or payment system, which may be added to the cost of services.
    9. Services are provided subject to payment of 100% upon receipt of payment to the Company's current bank account no later than specified on the Website and/or Mobile Application and/or according to information letters and/or invoices sent to the User's e-mail address or placed in the Account.
    10. The moment of fulfillment of the monetary obligation is the date of crediting of funds to the Company's account.
    11. The customer is solely responsible for the correctness of the payments made by him.
    12. Company reserves the right to provide Users with access to certain functionality of the Website and/or Mobile Application free of charge or for a reduced fee under special conditions. Information about special conditions is available in the Account. It is your own responsibility to familiarize yourself with the special conditions.
    13. The Company specifically provides the following special terms:
      1. Promo Codes may be valid on the first payment, except for exceptions notified by the Company through official communication channels. To use the promotional code, you must activate the promotional code in the Account before paying. The promo code is considered invalid if it is activated after payment;
      2. Bonus classes provided during promotions can be credited to the User, provided that the User has paid for at least 8 (eight) individual classes or at least 2 (two) months of group classes.
      3. The Company has a referral program. To use it, the User must send the referral link, which is in the User's Account, to the new User. Provided that the new User follows the referral link provided by the existing User and pays for 8 (eight) individual classes and more or 2 months of group classes and more - the new User receives 1 class as a gift, and the current User through whose link the new User came 3 (three) lessons as a gift.
      4. If the User is provided with additional training sessions as a bonus or incentive, the User may not claim monetary compensation if such additional training session was not held for any reason or if the User refuses to attend such training session. Such additional bonus lessons shall be held after completion of all lessons paid by the User.
    14. At the Customer's request, a refund for a specific payment may be processed within 28 (twenty-eight) calendar days from the date of the first completed lesson paid for with that amount. The User's rights to access paid and free services are annulled upon refund.
      If the Customer/User has made two or more payments simultaneously:
      • A refund for the first payment may be processed within 28 (twenty-eight) calendar days from the date of the first completed lesson paid for with that payment.
      • A refund for the second payment may be processed within 28 (twenty-eight) calendar days from the date of the first completed lesson paid for with the second payment, and so on, following the same logic for each subsequent payment.
      If the Customer/User has made two payments and has bonus lessons accrued from the first payment, the first lesson considered completed for the second payment will occur after all bonus lessons from the first payment have been used.
      In cases where the Customer/User has utilized the "Freeze" function and/or received bonus lessons, refunds for such lessons are not available.
      Refunds will only be issued upon receiving a formal written request from the Customer. This request must include the following mandatory information:
      • Full name;
      • Taxpayer Identification Number (TIN);
      • IBAN account number.
      If the required information is not provided with the refund request, the funds are considered a charitable contribution to the Company and are non-refundable.
      The Company undertakes to refund the amount corresponding to the value of paid but unused services, subject to the conditions outlined in this clause and the Agreement, within 30 (thirty) business days from the date the refund request is received. All fees and charges associated with the refund process are to be covered by the Customer.
      These conditions apply to all learning formats (individual, group, etc.).
    15. The Company’s obligations are considered fully fulfilled once the funds are credited to its account, confirming the Customer's payment. In this case, no additional documents, including Acts of Acceptance for rendered services, are required to confirm the Company’s fulfillment of its obligations.

  7. RIGHTS AND OBLIGATIONS OF THE PARTIES

    1. Customer/User/Performer (Teacher) undertakes:
      1. Independently and knowingly chooses services and is responsible for all its actions and inactions based on information posted on the Web - website and/or Mobile application;
      2. To comply with the terms of this Agreement and other documents posted on the Website and/or Mobile Application, to monitor changes and updates thereof;
      3. To comply with the legislation of Ukraine, the norms of international law, to respect other Users of the Website and/or Mobile application;
      4. Make payment for the ordered services on time and in full;
      5. To take all necessary actions to obtain services;
      6. Not to disclose the information he received from the Company during the execution of this contract, the disclosure of which may lead to losses and/or negative consequences for the Company;
      7. Not to disclose to third parties information about the technologies and algorithms used by the Company during the provision of services;
      8. Users undertake to use access to services and information they receive as a result of providing services, only for personal purposes, not to transfer for useaccess to the Account by third parties;
      9. Provide the Company and its authorized persons with true, complete, reliable and up-to-date information, monitor its updates and notify about changes in such information;
      10. Not to infringe the Company's intellectual property rights;
      11. Not to harm the Company's reputation;
      12. Store information about registration data, including login and password, in closed access from third parties, control it, take measures necessary to prevent unauthorized access by third parties, and bear full responsibility for any use of such data by the User and/or a third person;
      13. To comply with other terms of this Agreement.
    2. The User has the right to:
      1. Receive from the Company all the necessary information on issues related to the provision of services;
      2. To receive services in accordance with the terms of this Agreement;
      3. Terminate the use of the Website and/or Mobile Application in the manner specified in this Agreement;
      4. Submit your requests and suggestions for improving the Website and/or Mobile Application to the Company for consideration;
      5. Leave feedback, comments about the services provided.
      6. If desired, the User can receive a detailed training report from the teacher.
    3. Customer/User The Contractor (Teacher) guarantees that:
      1. has familiarized himself with the procedure for payment and provision of services, he understands these conditions and has no objections or comments . The user also agrees that the procedure for providing services and the terms of this Agreement do not limit his rights as a consumer in accordance with the legislation of Ukraine;
      2. All information posted by it on the Website and/or Mobile Application, in the process of obtaining services, including the information specified during registration, is reliable, accurate and up-to-date.
    4. User is prohibited from:
      1. Download, store, publish, distribute and make available or otherwise use any software that intended to damage the infrastructure of the Website and/or Mobile application, disrupt its timely and correct functioning; making attempts to intercept any data and personal information processed by the Website and/or Mobile Application; performing actions that cause an excessive load on the infrastructure of the Website and/or Mobile Application, or otherwise interfere with the operation of the Website and/or Mobile Application by any means and for any purpose;
      2. Attempt to gain access to the data of other Users by hacking, substituting data in the relevant fields of the Website and/or Mobile Application or by other illegal means;
      3. Enter erroneous, irrelevant or information (data) that does not meet the terms of this Agreement;
      4. Copy, upload, forward, transmit or in any other way post and/or distribute any information in the absence of rights to such actions in accordance with the current legislation of Ukraine or the Agreement, create information products based on them for the purpose of obtaining profit, and also use this information in any way other than for personal use;
      5. Make unauthorized access to the Website and/or Mobile application, accounts of other Users;
      6. Reverse engineer, trace or attempt to trace any information about any User of the Website and/or Mobile Application;
      7. Use screen recording programs while using the Website and/or Mobile Application;
      8. Place (publish) on the Internet or otherwise distribute without the consent of the Company the content of services (courses), including, but not limited to: information content, tasks, information from closed chats, educational materials of services (courses) in any form.
      9. Collaborate with teachers (employees/contractors) Companies bypassing Companieseat In case of violation of this clause, the Company has the right to unilaterally terminate the Agreement without refunding the funds paid by the User.
    5. The Company undertakes to:
      1. Provide access to the Website and/or Mobile Application around the clock and during the term of this Agreement, while access to the Website and/or Mobile Application may be limited in the case of:
        • Server crashes;
        • Service modification work;
        • In the event of force majeure;
        • Other events beyond the control of the Company;
      2. Make efforts to modify the Website and/or Mobile Application during night hours, on weekends and/or after hours;
      3. Provide services under the conditions stipulated in this Agreement;
      4. Not to disclose the information it received from the User and not to use it for selfish purposes;
      5. To take measures to ensure the confidentiality of information transmitted by the User in accordance with the current legislation of Ukraine and the norms of international law;
      6. Not to disclose information received from the User to third parties without his written consent, except for the cases stipulated by the current legislation of Ukraine and this Agreement;
      7. By all possible means to maintain the constant functionality and availability of the Website and/or Mobile application for Users;
      8. Provide Users with reliable information regarding the provision of services under this Agreement by publishing on the Website and/or Mobile Application.
    6. Company has the right:
      1. Company reserves the right to reject a person's request for registration without warning and explaining the reasons;
      2. To timely receive payment from the Customer/User;
      3. Company has the right to engage third parties (employees, contractors, other authorized persons, etc.) to fulfill their obligations under this Agreement, as well as to use the services/works of third parties that provide the possibility of providing services,covered by this Agreement;
      4. To take into account the User's wishes to improve the Service, but does not guarantee their fulfillment;
      5. At its discretion, at any moment, make any changes to the Website and/or Mobile Application, add new or reduce existing services, their content, services and functionality, change the design of the Website and/or Mobile Application , modify, add and/or remove functions of the Website and/or Mobile Application, add and/or remove information posted on Website and/or Mobile application without agreement with the User;
      6. To receive from the User all the necessary information, documents for the proper fulfillment of obligations under this Agreement;
      7. Change the terms of service provision with mandatory notification of the User;
      8. Carry out preventive work to maintain and improve the Website and/or Mobile Application;
      9. Send messages containing information about services, additional services, goods to the User's e-mail;
      10. To monitor (control) and record telephone calls received by the Company and to carry out a selective audit of electronic correspondence to ensure the proper level of service and the fulfillment of the obligations provided for in this Agreement, as well as the use, exercise and protection of their rights and legitimate interests, related to legal relations arising from this Agreement;
      11. Temporarily suspend the provision of services to the User under the Agreement for technical or other reasons that prevent the provision of services while such reasons are eliminated, without compensation for any damage for the temporary suspension of services;
      12. Terminate this Agreement unilaterally and stop providing services to the User in the event that the User has violated his obligations under this Agreement, which has resulted in the impossibility of providing services in full.
      13. Company has the right to unilaterally delete the User Accountthe User without his notice, if the User has not ordered services or has not used the Account for more than 12 consecutive calendar months.
    7. Company guarantees to the User that:
      1. Uses generally accepted standards of technological and operational protection of the User's information and personal data from loss, misuse, alteration or destruction, and also takes measures for the proper operation of the Website and/or Mobile Application. However, despite all efforts and precautions, the Company cannot guarantee the continuous, error-free, accurate operation of the Website and/or Mobile Application, absolute security of information from any threats arising outside its control, including but not limited to exclusively, if such threats arose as a result of illegal/negligent actions of the User, his representatives, employees, authorized persons;
      2. Will make every effort to eliminate any malfunctions and errors in the functioning of the Website and/or Mobile Application that may make it difficult to provide or receive services. However, the Company does not guarantee the complete absence of errors and failures during the use of the Website and/or the Mobile Application and reserves the right to suspend the Website and/or the Mobile Application during the elimination of technical malfunctions;
    8. Provides access to the User's information and personal data only to authorized employees/persons who have given consent to ensure the confidentiality of such information and data in accordance with the Company's requirements.

  8. REQUIREMENTS AND OBLIGATIONS FOR PERFORMERS (TEACHERS)

    1. Performer (Teacher) must be ready for the class and make sure there is an Internet connection for 15 minutes before the start of the class;
    2. Performer (Teacher) must conduct the class while sitting at a desk in a quiet room. It is not allowed to conduct the class:
      • sitting on the couch with a laptop on your lap;
      • supine / semi-recumbent;
      • in a public place (cafe/station/etc.);
      • in the car interior;
      • outdoor.
    3. The background outside of the Performer (Teacher) should be neat (a wall is best). The following are not allowed in the background:
      • logos of other schools;
      • bed / kitchen set;
      • people or animals moving around the room.
    4. The performer (Teacher) must be clearly visible and audible:
      Conducting the class with the camera off is not allowed.
      The lighting in the room should fall on the Teacher's face (not outside the Teacher, obscuring the picture).
      The webcam must be located in front of the teacher, at eye level (not to the side).
      Extraneous noises should be absent, it is preferable to use a headset with headphones and a microphone with a noise canceling function.
    5. Eating and drinking during the class is not allowed, with the exception of a glass of water (not tea/coffee/juice, etc.).
    6. Hygienic needs of the Performer (Teacher) must be performed during the break between lessons. It is not allowed to interrupt the lesson to fulfill the specified needs.
    7. Performer (Teacher) must adhere to established professional dress code:
      • clothing covers the shoulders;
      • modest cut line;
      • clothing is opaque;
      • tattoos covered by clothing;
      • facial piercing to be removed;
      • day makeup, natural;
      • hairstyle is neat.
    8. The Performer (Teacher) must conduct classes in a sober focused state. НClass not allowed:
      • under the influence of alcohol/toxic substances;
      • is in a state of overfatigue where the Performer (Teacher) cannot stay focused;
    9. The Performer (Teacher) must adhere to courtesy rules and create a positive class atmosphere under all circumstances:
      • The Performer (Teacher) must be smiling and in a friendly mood.
      • The performer (Teacher) must control his own emotions, even in bad situationsstudent's behavior.
      • The use of obscene language or insults is not allowed.
    10. Executive (Teacher) has no right to make contacts with the student or his parents outside the school. All communication regarding the student is carried out through managers.
    11. The Performer (Teacher) must comply with the Lesson Cancellation Policy.
    12. The Performer (Teacher) must be available for communication to the Company during its business hours every day (by default 10:00 a.m. to 7:00 p.m. (UTC+2 Winter Time / UTC +3 Summer Time) at messengers for Slack communication.
    13. The Performer (Teacher) should respect Companies. All disputed issues must be resolved in professional tone in order to find a compromise.
    14. The Performer (Teacher) is obliged to press the "student is not in class" button if he does not see the User in the lesson for 5 minutes from its beginning.
    15. If there are problems in the lesson the Performer (Teacher) has must immediately call the technical support of the Company.
    16. In the event that the Performer (Teacher) does not fulfill his obligations under this Offer, the following system of penalties may be applied to him by the Company for each established fact of such violation, namely:
      Penalty System
      Payment for lessons is subject to conditions full timely implementation with the following filling in comments by the Performer (Teacher) within 24 hours from the start of the lesson.
      ReasonPenalty for each violationComments
      Not filled in Performer’s (Teacher’s) commentThe lesson is not paid The comment to the lesson must be filled within 24 hours from the beginning of the lesson. Timely submission of comments allows the Customer/User to complete homework and parents to monitor progress
      Lateness to the lessonThe lesson is not paid The performer (Teacher) was late for 1-5 minutes, but continued the lesson for the time of his lateness.
      The lesson is not paid The performer (Teacher) was late for 1-5 minutes, but did not extend the lesson for the time of his lateness.
      The lesson is not paid The performer (Teacher) was late for 5-10 minutes and spent the rest of the lesson.
      UAH 150 The performer (Teacher) was 5-10 minutes late and did not conduct the lesson (the Customer/User did not wait for the Teacher and left). In this case, serious tardiness is equated to failure to attend class; The Customer/User receives 1 free lesson as compensation.
      UAH 150 The performer (Teacher) was 10+ minutes late. The lesson is automatically considered not completed; serious tardiness is equated to failure to attend class; The Customer/User receives 1 free lesson as compensation.
      Failure to attend a lessonUAH 150 If the Performer (Teacher) teacher does not come to the lesson without notice, the Customer/User receives 1 free lesson as compensation.
      Lesson cancellation on the day of the lessonUAH 75 Support service for the Performer (Teacher) is open until 21:00. If you cancel the lesson the next day at 21:00 or later - the cancellation of the lesson will be considered a cancellation on the day of the lesson.
      Not pressing the button "the student did not come to the lesson" The lesson is not paid When the Performer (Teacher) presses the button "the student did not come to the lesson", the Customer/User receives an automatic call with a reminder that the teacher is waiting for him in the classroom After pressing the button, the Teacher must wait in the classroom for the entire lesson. If the Customer/User still does not show up, the lesson will be paid in full. If the Performer (Teacher) did not press the button, the lesson will not be paid.
      Not pressing the "technical problems in the lesson" button The lesson is not paid When the Performer (Teacher) clicks the "technical problems in the lesson" button, technical support specialists connect to the lesson and help solve the problem. After pressing the button, the Teacher must wait in the classroom for the entire time about the lesson If the Customer/User still does not show up, the lesson will be paid in full. If the Performer (Teacher) did not press the button, the lesson will not be paid.
      Communication with a student outside of schoolTermination of cooperation Communication with Customers/Users and their parents outside of the lesson is prohibited. If the Performer (Teacher) needs to clarify or ask something, he/she can always contact the managers. In case of confirmation of a case of communication between the Performer (Teacher) and the Customer/User outside the school, the school reserves the right to immediately terminate cooperation with the Performer (Teacher)
      Failure to provide a certificate from a doctorNon-payment for absence from a specific lesson The certificate is confirmation of a good reason for canceling lessons. If the Teacher cannot provide a certificate, the lessons for which he was absent are not paid
      Notification of not being able to teach on the Platform less than 14 calendar days in advance Non-payment for absence from a specific lesson Managers need time to warn all Customers/Users and find a decent replacement for them
      Non-observance of school rulesUAH 75 For non-observance of the rules and requirements regarding the order of conducting lessons, defined by Section 8 of this Offer, the Company reserves the right to fine the Performer (Teacher) if the student's parents demand compensation for this lesson

      Important! If the lesson cancellation / absence from the lesson was due to a valid reason, we are always ready to meet the teacher halfway and correct the situation. The teacher can file an appeal if they do not agree with the fine. To do this, you need to fill out the Google form.

    17. The Contractor (Teacher) is obliged to resolve organizational issues related to the performance of his/her duties under this Offer through the relevant technical support department of the Company.

  9. RESPONSIBILITY OF THE PARTIES

    1. The Parties shall be liable in accordance with this Agreement, the Privacy Policy, as well as in cases and to the extent established by the current legislation of Ukraine and international law.
    2. A Party will be deemed innocent and shall not be liable for breach of the Agreement if it proves that it has taken all measures in its power to properly fulfill this Agreement.
    3. In case of violation by the User of the Company's intellectual property rights, the User shall pay compensation to the Company at his request, the hryvnia equivalent of 1000 (one thousand) US dollars. The parties agreed that this term of the Agreement is provided for the purpose of protecting the Company's intellectual property rights and fair compensation for the Company in case of violation of the Company's intellectual property rights by the User. User agrees that such compensation will be fair.
    4. In the event that the User fails to fulfill the obligation provided for in clause 7.1.8 of the Agreement, in the event that the Company discovers the fact of third-party access to the course content, the User is obliged to pay a fine in the amount of the hryvnia equivalent of 1,000 (one thousand) US dollars at the request of the Company for each case of unauthorized access to third parties.
    5. Company is not responsible for the consequences of the User's use of the information received under the terms of this Agreement, its compliance with the User's expectations.
    6. Company is not responsible and does not provide guarantees for the actual application by the User of acquired knowledge and skills obtained as a result of consuming the Company's services, - the correct application of acquired knowledge and skills is the full responsibility of the User
    7. The Company is not liable for:
      1. Delays or failures in the provision of services caused by force majeure, as well as any malfunctions in telecommunications, computer, electrical, or other related systems.
      2. The operation of transfer systems, banks, or payment services (systems), and any delays associated with their functioning.
      3. The proper functioning of the Website and/or Mobile Application if the User lacks the necessary technical resources to use it. The Company has no obligation to provide such resources to the User.
      4. Any losses incurred by the User (including but not limited to direct or indirect losses, material damage, moral harm, or other negative consequences of a material or other nature) resulting from amendments to or termination of this Agreement or cessation of services.
      5. Failure by the User to receive services or their unsatisfactory provision (in the User’s opinion). The Company is not obligated to provide any compensation or reimbursement to the User in any form.
      6. Consequences of actions taken by the User using the technical capabilities of the Website and/or Mobile Application.
      7. Loss of the User’s login and/or password required to access their Account on the Website and/or Mobile Application, regardless of whether the loss occurred due to negligence or unlawful actions by third parties. Any actions performed using the technical capabilities of the Website and/or Mobile Application with the User’s login and password are considered the actions of the User.
      8. Violations of the rights and lawful interests of third parties resulting from the User's actions, including the dissemination of any information by the User via the technical capabilities of the Website and/or Mobile Application.
      9. The User's failure to achieve their desired outcome or expectations from using the services.
      10. Error-free and uninterrupted operation of the Website and/or Mobile Application, or interruptions in the User’s access to the Website and/or Mobile Application due to technical issues in hardware or software functionality.
      11. The User’s negligence regarding security measures and protection of their personal, payment, or other data.
      12. The inability to fulfill obligations due to the inaccuracy, insufficiency, or untimely provision of information by the User, or violation of this Agreement by the User.
    8. The User is fully responsible for:
      1. Providing accurate contact information (email address, phone number, etc.) and any risks associated with the use of an incorrect email address or phone number.
      2. The accuracy, relevance, and completeness of the information provided.
      3. Any other cases stipulated in this Agreement, the current legislation of Ukraine, and international law.
    9. The Company is only liable if its actions are proven to be at fault and solely within the limits of the amount paid by the User.
    10. Both parties acknowledge that violations of confidentiality provisions may result in liability in accordance with the current legislation of Ukraine.

  10. FORCE MAJEURE CIRCUMSTANCES

    1. The Parties are released from liability for breach of obligations under this Agreement, if such breach is the result of force majeure circumstances or an event, provided that the Party that violated the obligations proves the existence of such circumstances.
    2. Force majeure in this Agreement is considered to be any extraordinary events external to the Parties that occur through no fault of the Parties, beyond their will, or contrary to the will or wishes of the Parties, and which cannot, subject to taking the usual measures for this, be foreseen , and also cannot be averted (avoided) with all care and prudence, including (but not limited to) natural phenomena (earthquakes, occupation, fires, storms, freezing of snow or ice, floods, hurricanes, destruction by lightning, etc.), disasters of biological, technogenic and anthropogenic origin (explosions, failure of machinery and equipment, epidemics, pandemics, epizootics, etc.).
    3. Any adverse circumstances of public life (declared and undeclared war, revolution, mutiny, insurrection, hostilities, blockade, public disturbances, manifestations of terrorism, strikes, boycotts, etc.) are considered as an event in this Agreement, as well as the issuance of prohibitory or restrictive acts of state authorities or local self-government bodies, other actions (including illegal ones) of said bodies that make it impossible to implement Parties to this Agreement, or temporarily prevent such performance.
    4. In the event of force majeure circumstances or an event, the term of performance of obligations is postponed for the period of validity of such circumstances or event and their consequences, and the Party affected by them is released from responsibility for non-fulfillment of obligations for the period of validity of such circumstances or event and their consequences.
    5. The Party unable to fulfill its obligations under the Agreement due to circumstances of force majeure or an event must immediately, but no later than 5 (five) working days from the date of occurrence of such circumstances, notify the other Party in writing. A document of the Chamber of Commerce and Industry of Ukraine or an authorized body of state power is provided to confirm the circumstances of force majeure no later than 30 (thirty) calendar days from the date of occurrence of such circumstances. Failure to fulfill at least one of these conditions deprives the Party of the right to refer to circumstances of force majeure or event as a reason for non-fulfillment of obligations.
    6. If force majeure circumstances/their consequences or event continue for more than 60 (sixty) calendar days, any of the Parties has the right to terminate the Agreement, provided that the other Party is notified in writing at least 30 (thirty) calendar days before the date termination.
    7. Circumstances of force majeure in this Agreement are considered special event or circumstance that simultaneously corresponds to a combination of the following signs: (a) the event or circumstance is beyond the control of any of the Parties; (b) such an event or circumstance, which the Party referring to it, could reasonably not foresee before concluding the Agreement; (c) upon the occurrence of such an event or circumstance, the Party relying on it cannot avoid or overcome it; (d) such event or circumstance did not exist on the date of signing the contract.
    8. The non-fulfilment of its obligations by the Party that refers to force majeure, the Party's lack of necessary funds, currency exchange rate fluctuations is not a circumstance of force majeure.
    9. The Party cannot refer to circumstances of force majeure as a reason for exemption from fulfilling its obligations, if although circumstances of force majeure have arisen and objectively exist, they do not prevent the Party from fulfilling its obligations. The onus of proving the impossibility of fulfilling the obligations under this Agreement due to force majeure is placed on the Party that invokes such circumstances.

  11. PROTECTION OF PERSONAL DATA (PRIVACY POLICY)

    1. Collection and use by the Company of Users' personal information is carried out in accordance with Privacy Policy.

  12. TERM OF THE AGREEMENT AND ITS TERMINATION

    1. This Agreement enters into force for each individual Customer/User/Performer (Teacher) at the time such User commits conclusive actions and is valid until the Parties finally fulfill their obligations under the Agreement.
    2. The Agreement may be terminated/terminated in the event of:
      1. Full performance by the Parties of their obligations under this Agreement;
      2. Termination of relations with the User due to his violation of the terms of this Agreement;
      3. At the initiative of one of the Parties (the Parties have the right to terminate the contract by notifying the other Party in writing at least 30 (thirty) calendar days before the desired date of termination conclusion of the contract);
      4. In other cases provided for by the legislation of Ukraine and this Agreement.
    3. Company may unilaterally terminate this Agreement and, as a result, block access to services in case of discovery of public distribution of materials or information obtained in the process of providing services and/or transferring access to services to third parties who are not a Party to the Agreement. Violations may be captured by screenshots, software or Account access by third parties or by any other reasonable means.
    4. In the event of termination/termination of the Agreement, including the User's request, the Company deletes all Account data without the possibility of restoration. The termination of this Agreement is the deletion of the User's Account.
    5. The moment of termination of validity of the offer is considered the moment of its withdrawal by the Company in any way or the moment of complete cessation of the functioning of the Website and / or Mobile application.
    6. The User has the right to withdraw from this Agreement or initiate its termination by notifying the Company in writing.
    7. If the Customer/User refuses to use the services, he/she has the right to apply for a refund for a specific payment within 28 (twenty-eight) calendar days from the date of the first lesson paid for by this amount.
      If the Customer/User has made two or more payments at the same time:
      • A refund for the first payment can be issued within 28 (twenty-eight) calendar days from the date of the first lesson covered by this payment.
      • A refund for the second payment can be issued within 28 (twenty-eight) calendar days from the date of the first lesson covered by the second payment, and so on for each subsequent payment.
      If the Customer/User has made two payments and has bonus lessons credited for the first payment, the first lesson that will be considered completed for the second payment occurs after all bonus lessons credited for the second payment have been used.
      If the Customer/User has used the Freeze function or received bonus lessons, no refunds for such lessons shall be made.
      In this case, the funds shall be refunded upon receipt of a written request for a refund from the Customer. In the request for a refund, the Customer must provide the following mandatory information :
      • last name, first name, patronymic
      • registration number of the taxpayer's account card;
      • IBAN account number;
      If the said data is not provided together with the request for a refund, such funds shall be considered a charitable contribution in favor of the Company and shall not be refunded.
      The Company undertakes to refund the funds in the amount of the cost of paid but not rendered services, subject to the terms of this clause and the Agreement, within thirty (30) business days from the date of receipt of the request for a refund. All commissions and fees shall be paid by the Customer at its expense.
      These terms and conditions apply to all training formats (individual, group, etc.).
    8. Termination of this Agreement shall not relieve the Parties from liability for violations that occurred during the term of this Agreement.

  13. DISPUTE RESOLUTION PROCEDURE

    1. Any disputed issues that may arise in relation to this Agreement or in connection with its implementation shall be resolved by the Parties through negotiations and only in the presence of a written statement from one of the Parties sent by postal means or electronic communication. Pretrial consideration of disputes is mandatory for the Parties.
    2. In the event that the Parties do not reach an agreement on disputed issues through negotiations, these issues are subject to judicial resolution in accordance with the current legislation of Ukraine.

  14. INTELLECTUAL PROPERTY

    1. The object of intellectual property is all materials posted on the Website and/or Mobile application and materials of classes, open lessons, webinars, trainings, in the form of performances, lectures, speeches; audio and video lessons (classes), recordings of online broadcasts in the form of audiovisual works, phonograms and videograms, photographic works, images, design elements, graphic images, illustrations, text, articles, informational, educational and any other materials (in written or in electronic form), presentations, results of tasks, as well as any other objects of copyright, inventions, utility models, designs, marks for goods and services (trade brands), logos, know-how and other objects of intellectual property provided for by the current legislation of Ukraine.
    2. Company is the sole owner of all intellectual property rights related to the Services, Website and/or Mobile Application, its content (including messages, images, designs, logos, videos, sound recordings, texts, data and graphics) and software and databases that ensure their functioning. The Company also uses Objects of intellectual property rights that may belong to other persons on the basis of a corresponding license, contract or other legal basis.
    3. If at any time while receiving services, fulfilling obligations under this Agreement, the User will create any Intellectual Property Objects, then, by concluding this Agreement, he confirms that from the moment of their creation, he transfers to the User all property intellectual property rights provided for in p. 14.7. of the Agreement, such Intellectual Property Objects and the Company may freely use, alienate or transfer them to any third parties at its discretion at any time from the moment of creation of the Intellectual Property Objects by the User during the performance of obligations under the Agreement, unless otherwise established by the current legislation of Ukraine.
    4. The User has no right, without the written consent of the Company, to transfer access to the received recordings of classes, educational, informational and other materials, other intellectual property objects provided by the Company to the User or created by the User (independently or in collaboration with other persons) in order to fulfill the conditions of this Agreement, as well as to transfer the Intellectual Property Objects themselves and property rights to these Intellectual Property Objects, provided for in Clause 14.7. of the Agreement to third parties, publish, publicly reproduce in any way and in any form, repeat, copy, as well as use for commercial purposes, except for the fulfillment of the terms of this Agreement. The User has the right to use Intellectual Property Objects exclusively for the purpose of fulfilling the terms of this Agreement.
    5. Company grants Users a non-exclusive, personal and non-alienable right to use the Website in accordance with the purposes of the Website and/or the Mobile Application and the terms of this Agreement.
    6. Any other use or exploitation of the Website and/or Mobile Application, its content without the prior written permission of the Company is prohibited, namely:
      1. reproduction, modification, adaptation, distribution, public presentation and distribution of the Website and /or the Mobile Application, services and content, except as expressly permitted by the Company;
      2. decompiling and reverse engineering the Website and/or Mobile Application or Services;
      3. extract or attempt to extract (including using programs/robots that extract data or other similar data collection tools) a substantial part of the data of the Service.
    7. Intellectual Property Rights
      1. The User transfers all intellectual property rights to the Company's Intellectual Property Objects from the moment the User creates such Intellectual Property Objects when receiving services and fulfilling obligations under the Agreement. If established by current legislationrequirements to perform certain (additional) mandatory actions for the transfer of property rights to the Intellectual Property Object, the property rights are transferred to the Company from the moment these actions are taken, and the User undertakes to perform all necessary actions to ensure the transfer of property rights to the Company, in including, but not limited to: sign a separate agreement with the Company on the transfer of intellectual property rights, facilitate state registration of such an agreement, if required by the Company or applicable legislation, not to register for yourself or third parties intellectual property created during the receipt of services, fulfillment of obligations under the Agreement, and not to transfer them to third parties.
      2. Intellectual property rights under this Agreement include, in particular, but are not limited to:
        1. the right to use intellectual property objects;
        2. the exclusive right to allow third parties to use the intellectual property objects and any derivative works created on their basis;
        3. exclusive right to prevent and/or prohibit the illegal use of intellectual property objects by third parties;
        4. the right to distribute the Intellectual Property Objects through the first sale, alienation in another way, including leasing, rental, by other transfer before the first sale of copies of the Intellectual Property Objects;
        5. the right to provide access to the Intellectual Property Objects reproduced in any material form to an unlimited number of persons, including by providing network access, including the Internet and other means;
        6. the right to modify, translate, adapt and otherwise create derivative works based on or using the intellectual property objects;
        7. the right to improve, process, use in parts and in any other way change the Intellectual Property Objects created by the User or with his participation during the performance of obligations under this Agreement, with out prior agreement with him;
        8. the right to copy, manufacture, distribute, sell, lease, transfer, assign, license and sublicense Intellectual Property Objects;
        9. the right to submit applications for registration of copyrights, inventions, utility models, industrial designs, marks for goods and services and other types of intellectual property objects in Ukraine and around the world based on intellectual property objects;
        10. the right to import and export intellectual property objects;
        11. the right to keep confidential any information related to the Intellectual Property Objects;
        12. the right to advertise Intellectual Property Objects in any form, by any means, via the Internet, on radio, television, in print and other mass media, in any other way;
        13. any other intellectual property rights that may be provided by applicable law depending on the type of Intellectual Property Object.
      3. All property rights of intellectual property, specified in clause 14.7.2 of this Agreement, are transferred to the Company for the entire territory of such rights (the territory of all countries of the world, unless otherwise provided for by the title documents for the Object of intellectual property or the current legislation of Ukraine) without limitation and for the entire duration of such rights.
      4. The User is obliged to perform all necessary actions that may be required or desirable to obtain appropriate forms of protection for intellectual property objects and grant all rights of the Company to such objects. The User transfers to the Company all property rights to the Intellectual Property Objects created by him during the receipt of services and fulfillment of obligations under this Agreement.
      5. All rights and obligations under this section shall survive the termination of this Agreement until the expiry of the statutory period of validity of the Company's proprietary rights at Object of intellectual property, created by the User during the receipt of services, fulfillment of obligations under this Agreement.
    8. Personal non-property intellectual property rights
      1. Personal non-property intellectual property rights to Intellectual Property Objects belong to the User to the extent determined by the legislation of Ukraine.
      2. The User grants the Company the right to refine, process, adapt, use in parts and otherwise change the Intellectual Property Objects without prior agreement with the User. The user agrees that such changes will not be considered a violation of his exclusive non-property right to the integrity of intellectual property objects.
      3. The User who has gained access to any intellectual property objects of the Company, as well as to other intellectual property objects that are in the possession, use and disposal of the Company, is obliged not to violate such rights, as well as any - by what means to prevent possible violations of such rights.

  15. OTHER TERMS

    1. Agreement may be changed and/or supplemented by the Company unilaterally at any time without prior and/or further notice to the User. Changes to the Agreement will be published by with the date of the last update. The user is considered notified of changes and/or additions made to the Agreement from the moment these changes are published on the Website at the address: https://justsmart.com.ua/en and/or in the Mobile application.
    2. Changes or additions made by the Company to the contract do not apply to the User who, at the time of making changes, is provided with already paid services under the previous version of the contract, unless these changes are caused by changes in legislation or other regulatory legal acts. If, after making changes and/or additions, the User pays for new/other services, it is considered that he has accepted such changes and/or additions.
    3. Parties assert that in the event that any provision of this Agreement becomes or is declared invalid due to non-compliance with the law, such a provision does not entail the invalidity of any other provision of this Agreement or the Agreement as a whole. In such a case, the Company must take measures as soon as possible to amend the contract to the extent necessary to replace the invalid provision, so that in the amended form it is legal and essentially preserves the original intentions of the Parties as much as possible.
    4. Documents and information sent by e-mail by one Party are considered received by the other Party on the day they are sent, and the terms, the course of which depends on the time of receipt of the document by the Party, begin to be calculated from the next day.
    5. Contact e-mail addresses are considered by the User: the address specified by him during registration (or another e-mail address that he will provide to the Company in the process of cooperation) from the Company support@justsmart.com.ua. Letters sent from these e-mail addresses are considered sent by authorized representatives of the parties and can be used as evidence during negotiations and/or during court proceedings.
    6. The Website and/or Mobile Application may contain links to other Websites and/or Mobile Applications. These Websites and/or Mobile Applications are not under the control of the Company and the Company is not responsible for the content of these Websites and/or Mobile Applications and the content of Websites and/or Mobile Applications linked on these Websites and/or Mobile applications. Links to other Websites and/or Mobile Applications that may be included in the Website and/or Mobile Application are added only for the convenience of Users and do not imply the Company's agreement with the content of these Websites and/or Mobile Applications.
    7. The Teacher is solely responsible for compliance with all relevant tax rules and regulations that may be applicable in connection with the provision or use of services under the public offer agreement. The Teacher undertakes to compensate the Company for all government fees, claims, payments, fines, and other tax liabilities that may arise as a result of non-compliance with applicable tax or other laws.
    8. The User doesn’t have the right to assign all or part of his rights under this Agreement to third parties without the prior written consent of the Company.
    9. Company may, without any reservations/warnings and at any time, transfer or assign the rights and obligations under this Agreement in whole or in part to third parties at its sole discretion.
    10. This Agreement, the Privacy Policy, and any other Company policies, rules, agreements, terms, and notices that relate to and may arise under the terms of this Agreement are available on the Website and/or Mobile Application and may be sent in electronic messages and constitute a complete agreement between the User and the Company.

  16. LOCATION AND BANK DETAILS OF THE COMPANY

    LIMITED LIABILITY COMPANY «JUSTTECH»
    USREOU 45418680, Kyiv region, Boryspil district, Hnidyn village,Central str./45-А








Edition dated December 01, 2024.