INDIVIDUAL ENTREPRENEUR Zalihovska Yulia Pavlovna, a registered individual entrepreneur under the laws of Ukraine, hereinafter referred to as the "Contractor", on the one hand, and the person who joined this Agreement by accepting the proposal to conclude this Agreement on the terms defined by the Contractor, hereinafter referred to as the "Customer", on the other hand, have entered into this service agreement as follows.
1Definitions
In this Agreement, the terms below have the following meanings:
1.1.1. "Offer" means a public proposal by an individual entrepreneur to enter into an agreement for access to an online service on the terms set out in this document, addressed to an indefinite number of persons.
1.1.2. "Acceptance" means the User's full and unconditional acceptance of the terms of this Offer by taking actions that indicate joining the Agreement, including registration on the Website and/or payment.
1.1.3. "Contractor" means an individual entrepreneur, a single-tax payer of group 3, who lawfully provides access to the online service under this Agreement.
1.1.4. "User" means any individual or individual entrepreneur who has accepted this Offer and received the right to access the Service.
1.1.5. "Website" means the web resource located on the Internet at https://vydai.inweb.ua/, including all its pages, subdomains, and functional modules.
1.1.6. "Service (Vydai)" means a software product (online platform) that provides the User with functional capabilities according to the selected tariff, accessed through the Internet.
1.1.7. "Access" means a limited, non-exclusive, revocable right to use the Service functionality during the defined paid period without transfer of intellectual property rights.
1.1.8. "Tariff" means the scope of Service functionality, usage period, and access price established by the Contractor.
1.1.9. "One-time payment" means a single payment by the User for the selected Tariff (the scope of the Service's paid features) without any automatic repeat (recurring) debiting of funds.
1.1.10. "Payment service" means a third-party payment processor integrated on the Website through which Tariffs are paid for. For the international market, this service is Paddle.
1.1.11. "Settlement document" means the electronic receipt or invoice issued for a payment by the payment service (Paddle) acting as the merchant of record.
1.1.12. "Account" means a personalized section of the Service created after User registration, containing the User's data and providing access to the functionality.
1.1.13. "Personal data" means any information that directly or indirectly relates to an identified or identifiable individual and is processed by the Contractor within the performance of this Agreement.
Other terms are interpreted in accordance with the laws of Ukraine and generally accepted business practice. Section titles in this Agreement are used solely for convenience and do not affect interpretation of its provisions.
2General provisions
2.1. This document is a public proposal (offer) of individual entrepreneur Zalihovska Yulia Pavlovna, taxpayer registration number (RNOKPP) 3461306745, a single-tax payer of group 3 registered under the laws of Ukraine (the "Contractor"), to enter into an agreement for access to the Vydai online service on the terms set out below.
2.2. The Agreement is an adhesion agreement (Article 634 of the Civil Code of Ukraine) and is concluded by the User's acceptance.
2.3. Acceptance of the Offer is made by clicking the "I agree", "Pay", or "Register" button on the Website (https://vydai.inweb.ua/) or by making payment through the Paddle payment service.
2.4. By entering into the Agreement, the Customer confirms full and exhaustive familiarization with the terms of this Public Offer, unconditional and unreserved acceptance of them, and complete understanding of the content of their obligations under the Agreement and the legal consequences of entering into it.
2.5. The Agreement is an electronic agreement within the meaning of Article 3 of the Law of Ukraine "On Electronic Commerce", is concluded using available information and telecommunication systems, and may not be declared invalid due to being made in electronic form.
2.6. This Agreement may be provided in paper form upon the Customer's request and may also be printed by the Customer independently from the Contractor's website: https://vydai.inweb.ua/.
3Subject of the Agreement
3.1. Under this Agreement, the Contractor undertakes to provide the User, for a fee, with a limited, non-exclusive, non-transferable, revocable right of access to the Vydai online service, and the User undertakes to accept and pay for such access under this Offer.
3.2. The subject of this Agreement is the provision of access to the functional capabilities of the software product, without transferring to the User:
- intellectual property rights;
- ownership rights to the software code;
- rights to modify or distribute the Service;
- the right to create derivative products.
3.3. Access to the Service is provided remotely through the Internet by creating a User Account.
3.4. The scope of Service functionality is determined by the selected Tariff and described on the Website. The Contractor has the right to change the functionality, structure, interface, and algorithms of the Service to improve it without prior approval from the User.
3.5. The Contractor is not obliged to provide individual consulting, marketing, technical, or other additional services unless expressly provided by a separate written agreement.
3.6. Access is considered properly provided from the moment the User is given the technical ability to use the Service functionality, regardless of actual use of such functionality.
3.7. The Service is provided in its current functional state. The Contractor does not guarantee that the Service will fully meet the User's individual expectations, that its use will lead to a specific commercial result, that operation will be uninterrupted, or that all technical defects will be eliminated immediately. The Contractor ensures proper operation of the Service within ordinary technical conditions and takes reasonable measures to eliminate identified failures.
3.8. The User independently ensures the availability of a device that meets technical requirements, Internet access, and an appropriate level of cybersecurity for their equipment.
3.9. Under this Agreement, the Contractor does not store the User's critical information as a warranty obligation and is not liable for data loss if such loss occurs for reasons beyond the Contractor's control.
3.10. The Contractor has the right to engage third parties (contractors, hosting providers, payment services, fiscalization services, etc.) to ensure operation of the Service without obtaining additional consent from the User.
3.11. This Agreement is not a software purchase agreement, a license agreement in the sense of a full transfer of rights, a data storage agreement, a joint activity agreement, or a partnership agreement.
3.12. All intellectual property rights to the Service, its design, structure, software code, databases, trade designations, and other objects belong to the Contractor or are used by the Contractor on lawful grounds.
4Procedure for concluding the Agreement and providing services
4.1. The Agreement is considered concluded from the moment the User takes actions indicating acceptance of this Offer, including payment for the selected Tariff or completion of the registration procedure on the Website.
4.2. From the moment the Agreement is concluded, mutual rights and obligations arise between the Parties in accordance with its terms.
4.3. The services under this Agreement consist of providing the User with the technical possibility to access the Service functionality during the paid period.
4.4. Access to the Service is provided after confirmation that funds have been credited to the Contractor's account and after technical activation of the relevant functionality.
4.5. The scope of access and functional capabilities are determined by the selected Tariff in effect at the time of payment.
4.6. The service is considered duly provided from the moment the User is given the technical possibility to use the Service.
4.7. Non-use of the provided access by the User for reasons beyond the Contractor's control does not affect the fact of proper service provision and is not grounds for a refund or recalculation of the price.
4.8. All payments for Tariffs are one-time. The Contractor does not perform any automatic repeat (recurring) debiting of funds. Purchased limits have no expiry date (they do not expire) and remain available to the User until actually used.
4.9. The Contractor's obligations are considered fully performed once the possibility of access to the paid features of the Service is provided to the User.
4.10. Separate service acceptance certificates are not issued.
4.11. Temporary technical interruptions related to updates, modernization, or technical maintenance of the Service are not considered a breach of the Contractor's obligations.
5Price and payment procedure
5.1. The price of access to the Service is determined according to the Tariff selected by the User and is stated on the Website at the time of payment.
5.2. The Contractor has the right to change Tariff prices. A new price applies to new payments and does not apply to an already paid access period.
5.3. Payment is made in non-cash form by transferring funds through payment systems integrated on the Website, including the Paddle service.
5.4. The payment obligation is considered fulfilled from the moment funds are credited to the Contractor's account.
5.5. All payments are one-time and are made by the User individually for each separate order. The Contractor does not store payment details for automatic repeat charges and does not perform recurring payments.
5.6. The User independently ensures that sufficient funds are available on their payment instrument to make payments.
5.7. When purchased limits are exhausted, the related paid actions are paused until the limit balance is topped up with a new one-time payment.
5.8. An electronic receipt or invoice for the payment is issued and provided to the User by Paddle, acting as the merchant of record for the transaction.
5.9. All fees of banks, payment systems, or financial institutions are paid by the User unless expressly stated otherwise on the Website.
5.10. Paid funds are not refundable after access to the Service has been provided, except in cases expressly provided by this Agreement or by the laws of Ukraine.
5.11. Initiating an unfounded chargeback procedure by the User without first contacting the Contractor to resolve the issue is considered a breach of the Agreement.
5.12. If a chargeback is satisfied by the payment system, the Contractor has the right to suspend or terminate access to the Service until financial obligations are settled.
5.13. Payments are processed through the Paddle payment service in the currency shown at checkout.
6Rights and obligations of the Parties
6.1. The Contractor has the right to:
- receive from the Customer information necessary to provide the services;
- independently set the price of services and other conditions for their provision by posting the relevant information on the website;
- amend the Agreement by posting amendments on the website without special notice to the Customer;
- store and process personal data received in the course of providing services in accordance with the requirements of the current laws of Ukraine;
- suspend the provision of services if the Customer fails to perform monetary obligations on time;
- fully or partially suspend the provision of services if services cannot be provided due to technical or other objective reasons.
6.2. The Contractor is obliged to:
- provide services in accordance with this Agreement;
- provide explanations on issues arising for the Customer in connection with the provision of services;
- ensure that the Customer can view online events in the manner provided by the Agreement;
- provide services personally and/or with the involvement of third parties, while remaining fully responsible to the Customer for service provision;
- ensure protection of personal data received from the Customer.
6.3. The Customer has the right to:
- receive services provided by the Contractor in accordance with the Agreement;
- receive complete and reliable information about the scope of services provided, as well as explanations on issues arising in connection with their provision.
6.4. The Customer is obliged to:
- independently review the terms of the Agreement posted on the Contractor's website;
- provide accurate and complete information necessary to conclude and perform the Agreement;
- pay for the provided services in accordance with the Agreement;
- immediately notify the Contractor of changes to their details, circumstances, and facts important for the provision of services;
- not copy or distribute, without the Contractor's written consent, consultations, materials, presentations, explanations, or other information received in the course of performance of the Agreement.
7Refunds
7.1. All payments made by the User for the selected Tariff are final after access to the Service has been provided, except in cases expressly provided by this Agreement or the laws of Ukraine.
7.2. If access to the Service was not provided due to a technical malfunction on the Contractor's side, the User has the right to a refund for the unused period or to an extension of access for the corresponding period without additional payment.
7.3. If the Contractor fully discontinues provision of the Service before the end of the paid period, the User has the right to a proportional refund for unused time.
7.4. Inability to use the Service for reasons beyond the Contractor's control is not grounds for a refund. The detailed terms and procedure for refunds are set out in the Refund Policy.
7.5. A partial refund is possible only with the Contractor's written consent or in cases expressly provided by the laws of Ukraine.
7.6. All fees of banks, payment systems, or financial institutions are not refundable unless otherwise provided by the Contractor.
7.7. Refunds are made to the same payment instrument from which payment was made or by another method agreed by the Parties. The refund period is up to 10 (ten) business days from the moment the refund is approved. The Contractor reserves the right to verify the grounds for a refund before making it.
8Liability of the Parties
8.1. Contractor's liability
The Contractor is liable only for the proper provision of access to the Service in accordance with the selected Tariff and this Agreement. The Contractor is not liable for: loss of User data; results achieved or not achieved by the User while using the Service; interruptions in Service operation for reasons beyond the Contractor's control (actions of third parties, Internet outages, power outages, payment system failures); consequences of unlawful use of the Service by the User. The Contractor is not liable for indirect, incidental, punitive, reputational, or other indirect damages of the User.
8.2. User's liability
The User must not take actions that may disrupt the Service or violate the rights of third parties. The User is responsible for keeping their credentials and passwords secure, as well as for actions of third parties to whom the User has granted access.
8.3. Mutual liability
The Parties are liable for violations of the laws of Ukraine and this Agreement. The Parties are released from liability if performance of obligations becomes impossible due to force majeure circumstances that arose after the Agreement was concluded.
8.4. Limitation of liability
The Contractor's maximum liability under this Agreement may not exceed the amount paid by the User for the relevant Tariff for the last paid period. Neither Party is liable for loss of profit, reputation, or other indirect damages.
9Personal data
9.1. The Contractor collects and processes the User's personal data solely to provide the Service, arrange and process payments, and perform this Agreement. Personal data includes surname, first name, email address, contact phone number, payment details, and account data on the Website.
9.2. Personal data is processed exclusively for: providing access to the Service; issuing invoices and generating fiscal receipts; communicating with the User regarding the Service, updates, and support; complying with legal and fiscal requirements.
9.3. By registering or making payment, the User gives the Contractor individual, informed, and confirmed consent to process personal data for the stated purposes.
9.4. Personal data is stored for the duration of the Agreement and for the period necessary for the Contractor to fulfill obligations under Ukrainian law, including tax obligations.
9.5. The User has the right to: receive confirmation of processing of their data; request clarification, correction, or deletion of personal data; withdraw consent to processing if this does not contradict the law or the need to perform the Agreement; restrict personal data processing.
9.6. The Contractor may transfer personal data to third parties only to perform Service functions (payment systems, fiscal services, technical partners), as required by law, or if the User provides written consent.
9.7. The Contractor applies technical and organizational measures to protect personal data against unauthorized access, loss, damage, or disclosure.
9.8. The Contractor is liable for violation of personal data processing conditions in accordance with Ukrainian law, including the Law of Ukraine "On Personal Data Protection".
10Blocking and termination of access
10.1. The Contractor has the right to temporarily suspend the User's access to the Service in the following cases:
- late payment or inability to make payment for the Tariff;
- the User's violation of this Agreement;
- suspicion of fraudulent actions or an attempt at an unfounded chargeback;
- technical maintenance, updates, or elimination of Service failures.
10.2. The Contractor has the right to fully block the User's access in case of: systematic violations of Service terms; repeated unfounded attempts to dispute payments; actions that violate Ukrainian law or the rights of third parties.
10.3. The User is notified of suspension or blocking of access at the email address provided during registration, with the grounds and possible ways to restore access specified.
10.4. Access may be restored after the causes of suspension are eliminated and/or the User confirms fulfillment of financial and technical obligations. If access is blocked for violation of the Agreement, the Contractor may refuse to restore access without additional explanation.
10.5. Suspension of access in force majeure cases is not considered a breach of the Agreement and does not give the User the right to damages.
10.6. The Contractor is not liable for any consequences of suspension or blocking of access, including data loss or temporary unavailability of the Service, except in cases provided by Ukrainian law.
11Term of the Agreement
11.1. This Agreement enters into force from the moment the User accepts the Offer terms and/or makes the first payment for the selected Tariff.
11.2. For Tariffs with one-time payment, the Agreement remains valid for the period for which access to the Service is provided, as stated on the Website.
11.3. Purchased limits have no expiry date and remain available to the User until actually used, regardless of the term of the Agreement.
11.4. The Agreement terminates in case of: the Contractor ceasing to provide the Service; the User's initiative to stop using the Service; the User's violation of this Agreement; other grounds provided by Ukrainian law.
11.5. After the Agreement ends, the User loses access to the Service. The Contractor reserves the right to store the User's data for the period necessary to comply with legal or fiscal requirements. All payments for the usage period that occurred before the end of the Agreement are non-refundable, except in cases provided by Section 7.
11.6. All payments under this Agreement are one-time; no automatic renewal of access and no repeat (recurring) debiting of funds is carried out.
12Force majeure
12.1. Force majeure circumstances are events that occurred after the Agreement was concluded and that could not be foreseen or prevented by reasonable measures. These include natural disasters, fires, floods, earthquakes, war, terrorist acts, pandemics, power or Internet outages, actions of authorities or third parties that make performance of the Agreement impossible.
12.2. The Parties are released from liability for non-performance or improper performance of obligations if it resulted from force majeure circumstances.
12.3. The Party relying on force majeure must notify the other Party in writing within 5 (five) business days from the occurrence of the event and provide evidence of its existence.
12.4. If force majeure lasts more than 30 calendar days and operation of the Service is impossible, the Parties have the right to terminate the Agreement without mutual claims for penalties or compensation.
13Changes to the Agreement terms
13.1. The Contractor has the right to amend the Offer at any time by publishing a new version on the Website.
13.2. Changes take effect 7 calendar days after publication unless otherwise stated in the new version of the Offer.
13.3. The Contractor may notify the User of changes by email or through the Website functionality. Continued use of the Service after changes take effect means the User accepts the new terms.
13.4. If the User does not accept the changes, the User has the right to stop using the Service, after which the Agreement is considered terminated.
14Applicable law and dispute resolution
14.1. This Agreement is governed by and interpreted in accordance with the laws of Ukraine.
14.2. The Parties undertake first to attempt to resolve all disputes and disagreements through written negotiations within 10 (ten) calendar days from receipt of written notice of the dispute.
14.3. If pre-trial settlement is impossible, the dispute is subject to consideration by the courts of Ukraine in accordance with current law. Jurisdiction is determined by the Contractor's location as the owner of the Service and service provider.
14.4. The losing Party in a dispute reimburses the other Party for all costs related to the court process, including court costs and legal assistance costs.
14.5. Court proceedings are conducted in Ukrainian in accordance with the laws of Ukraine.
15Contractor details
Individual entrepreneur Zalihovska Yulia Pavlovna
Taxpayer registration number (RNOKPP): 3461306745
Legal address: Ukraine, Zhytomyr region, Zhytomyr, Alexandr Klosovsky Street, 3
Email: vydai@inweb.ua