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Offer Agreement

PROVISION OF SERVICES FOR ACCESS AND USE OF THE ADS QUIZ SERVICE

GENERAL PROVISIONS

This Agreement is an official offer (proposal) by Sole Proprietor Paliy Oleksandr Vasylovych, TIN 337001092, registered under the laws of Ukraine, hereinafter referred to as the “Contractor,” to an unlimited number of persons—”Customers”—to conclude an Agreement for the provision of services for access and use of the ADS QUIZ service on the Internet and other related services.

In accordance with Articles 633, 641 of the Civil Code of Ukraine, the terms of the Agreement are public and identical for all Customers, regardless of their status (individual, legal entity, sole proprietor). By fully accepting the Agreement, the Customer agrees to the terms and procedure for ordering, paying for the Services, and assumes responsibility for non-compliance with the terms of this Agreement.

Any actions taken to fulfill the terms outlined in this Agreement, including payment for the Services, registration on the Contractor’s Website, and other actions confirming the intention to use the Service and/or Services, constitute full and unconditional acceptance of the offer.

This Agreement becomes effective upon its acceptance by the Customer.

TERMS AND DEFINITIONS

For the proper execution of this Agreement, the following terms are used with the following meanings:

  • Authorization: The process of analyzing the authentication data entered by the Customer on the Contractor’s server, determining whether the Customer is entitled to receive the Service.
  • Authentication Data: A unique login and password provided by the Customer during registration on the service, used to access the Service.
  • Customer: An individual and/or legal entity and/or sole proprietor who has accepted the terms of this offer and/or uses the Service.
  • Account Data: The Customer’s email address, password, last name, and first name.
  • Service: The provision of additional functionality of the Service for a specific period according to the Price List and the terms of this offer.
  • Price List: The current systematic list of the Contractor’s services with prices and tariffs, published on the Contractor’s Website.
  • Service/Quiz: The Contractor’s Website located on the Internet at https://adsquiz.io/, as well as any other websites of the Contractor.

SUBJECT OF THE AGREEMENT

The Contractor undertakes to provide the Customer with Services for access and use of the ADS QUIZ service on the Contractor’s Website on the Internet and other related services, and the Customer agrees to accept and pay for these Services (hereinafter referred to as the “Services”).

Information regarding the complete list and content of the Services is posted on the Contractor’s Service and is an integral part of this Agreement.

Services are provided under the terms specified in this Agreement, which the Contractor has the right to change or supplement at any time with or without notifying the Customers.

The current version of the Agreement is posted on the Contractor’s Website at https://adsquiz.io/.

RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

The Contractor undertakes to:

  • Ensure the operation of the Service according to this Agreement, 24 hours a day, 7 days a week, including weekends and holidays (the service must be available at least 90% of the time per month), except in cases stipulated by this Agreement.
  • Keep records of the Customer’s payment for the Services.
  • Maintain the confidentiality of the Customer’s account data. The Contractor has access to the Customer’s information for the technical maintenance of the Service and is entitled to access such information in cases of claims from third parties regarding illegal and/or harmful actions by the Customer that cause damage to the Contractor and/or third parties. The Contractor may disclose such data only to competent state authorities in cases provided by current Ukrainian legislation.
  • Backup the Customer’s data to prevent information loss does not violate the confidentiality of the Customer’s information.

The Contractor has the right to:

  • Suspend the operation of the Service to carry out necessary planned preventive and repair works on the Contractor’s technical resources, as well as unscheduled works in emergency situations.
  • Interrupt the operation of the Service if it is due to the impossibility of using information and transport channels that are not the Contractor’s resources, or the actions and/or inactions of third parties, directly affecting the operation of the Service, including emergency situations. The Contractor is not liable to the Customer and does not compensate the Customer for any losses and/or lost profits incurred by the Customer and/or third parties due to the disclosure, loss, or theft of the Customer’s account data, or any delays, interruptions, or inability to fully use the Contractor’s resources and Services arising from the reasons mentioned above.
  • Make changes and additions to the provisions of this Agreement and the Price List by publishing these changes and additions on the Service’s Website.
  • Update the content, functionality, and user interface of the Service at any time at its discretion.
  • After the expiration of one (1) calendar month from the date of termination or expiration of the Agreement, delete all Customer data from the Service without the possibility of recovery and be released from any obligations related to the Customer’s Data.
  • Refer to the Customer as a user of the Service and/or Services in any form and on any medium (including the Service’s website and any other websites and/or promotional materials of the Contractor).

COST OF SERVICES AND PAYMENT PROCEDURE

The cost of the Services and their price are determined unilaterally by the Contractor and posted on the Contractor’s Service as tariffs, providing various volumes and content of the Services.

The Contractor may change the Price List at any time unilaterally.

Services are paid for by the Customer on a prepayment basis, with the method of prepayment for Services chosen by the Customer from the options offered on the Service’s website.

If, while using the Service, the Customer exceeds the volume of Services under the selected and paid tariff, the cost of Services received beyond the paid tariff is payable additionally by debiting funds from the Customer’s account if this function is available and activated by the Customer. Otherwise, access to the Service may be restricted until payment is made or disconnected according to clause 6.4 of the Agreement. The Customer is notified of exceeding the volume of Services under the selected tariff in their personal account.

When choosing the automatic payment function, the payment is debited from the Customer’s account in the amount and after the period specified by the selected tariff. The automatic payment function (automatic payment extension) remains active until the Customer disables it in their personal account. Failure to disable the automatic payment function promptly does not entitle the Customer to a refund of the debited funds.

The date of service provision by the Contractor is the date of connection (extension) for a specific period of additional functionality of the Service.

SERVICE PROVISION PROCEDURE

The Contractor grants the Customer a non-exclusive, non-transferable right to access the Service for the duration of the Agreement, with a limited term of use exclusively for the Customer’s business operations, which do not include renting out the Service.

The Customer accesses the Service via the Internet by entering their authentication data at the Service’s address.

Services are provided after the funds are credited to the Contractor’s bank account.

Upon expiration of the period for which the additional functionality of the Service was connected, the Contractor disconnects the additional functionality of the Service.

The reporting period for providing Services is set in the Price List.

Acceptance of Services is carried out as follows:

  • Within five working days from the date of providing the Services (connection for a specific period of additional functionality of the Service according to the price list and Agreement terms), the Contractor unilaterally forms an Act of rendered services according to the cost of the provided Services.
  • The Services are considered to have been duly rendered by the Contractor and accepted by the Customer in the volume specified in the Act if, within five working days from the date of issuance of the Act, the Contractor does not receive motivated written objections from the Customer.
  • After the above period (five working days), the Customer’s claims regarding the deficiencies of the Services, including quantity, cost, and quality, are not accepted.
  • The Customer bears the costs, including bank fees, for transferring funds under this Agreement.

SERVICE USAGE RULES

The Customer independently registers on the service by providing their Account Data. The elements that identify the Customer in the Service are the email address and password specified during registration (account data).

The email address and password used by the Customer to access the Service are not recoverable by the Contractor. The password recovery is performed by the Customer independently.

The Customer is fully responsible for actions and/or inactions that lead to the disclosure, loss, theft, etc., of their account data and other information that individualizes the Customer, as well as for any actions and/or inactions of third parties using the Customer’s account data. The Contractor is not liable for the above actions of the Customer and/or third parties using their account data.

The use of the Service in any way aimed at gaining unauthorized access to the Contractor’s server resources, personal account data, and other data of other clients, as well as any other data available via the Internet, is prohibited.

The Customer is prohibited from sending mass emails of commercial, advertising, and other content that the recipient has not agreed to (not requested) via email or group conferences using the Contractor’s technical resources (“spam”). Sending information with the recipient’s consent, with the option to unsubscribe, is not considered “spam.” Emails are understood to be electronic messages, ICQ, and other similar personal information exchange means.

Mass “spam” distribution using resources not owned by the Contractor is prohibited if the message contains contact details (website address, email address, etc.) supported by the Contractor.

The service must be used by the Customer exclusively for legal purposes and by lawful means considering Ukrainian legislation.

The Customer is directly responsible for the content of the information nodes created and maintained by the Customer. The Contractor does not pre-control the content placed and/or distributed by the Customer. However, if the placement and distribution of such information contradicts the law, the Contractor has the right to block or delete the corresponding resources without prior notice (in case of serious violations).

It is prohibited to post and distribute pornographic, vulgar, violent photo and video materials, as well as any materials violating copyright or legislation, including calls for violence, the overthrow of the existing government, discrimination based on gender, race, religion, nationality, etc.

It is prohibited to post and distribute any information or software that may be used solely for hacking computer systems or contains computer viruses or other components equated to them.

It is prohibited to register more than one account in order to receive the privileges and bonuses provided to the user upon registration. In case of registration of the second and subsequent accounts, the user undertakes to purchase any paid plan before any quiz is created. Otherwise, the account and/or plan may be terminated without any additional notice.

It is prohibited to post so-called “doorways” and other forms of search spam.

The Customer is obliged not to harm the software shell, technical and software tools, node machines of the Contractor, and third parties.

The Customer is obliged to respect the copyright on the software and documentation provided by the Contractor and/or third parties.

LIABILITY OF THE PARTIES

The parties shall be guided by the current legislation of Ukraine in all matters not regulated by this Agreement, as well as in resolving disputes arising in the process of its execution.

The Customer is responsible for any of their actions and/or inactions, both intentional and unintentional, as well as for any actions and/or inactions of persons using their account data related to the placement and/or distribution of information on the Internet, accessing third-party resources using the Contractor’s resources, which have caused and/or may cause a violation of any Ukrainian legislation, as well as for any damages caused by the above-mentioned actions and/or inactions to the Contractor, third parties, and the moral principles of society. The Contractor is not liable for such actions and/or inactions of the Customer or persons using their account data, as well as the consequences of such actions and/or inactions.

The Customer is responsible for any unlawful actions and/or inactions of the Customer and/or persons using their account data that have caused any damage to the Contractor, including loss of business reputation, and compensates the Contractor for damages.

The Contractor is only liable to the Customer within the limits of the Services paid for but not provided. The Contractor is not financially responsible to the Customer and does not refund the Customer any funds paid under this Agreement if the Services were provided due to the Customer’s fault due to a violation of the Agreement.

If proper performance by the Parties of this Agreement is impossible due to objective reasons that the Parties could not foresee or prevent (natural disasters, changes in current Ukrainian legislation, actions of state authorities, military actions of all kinds, etc.), neither party is entitled to demand compensation for damages caused by improper performance or non-performance of this Agreement (including lost profits).

TERMINATION OF THE AGREEMENT

The Agreement may be terminated:

  • By the Customer at any time with prior notice to the Contractor at least ten (10) working days before termination.
  • By the Contractor at any time with prior notice to the Customer at least ten (10) working days before termination.
  • By mutual agreement of the Parties at any time.
  • At the initiative of one of the Parties in case of violation of the terms of the Agreement by the other Party with written notice to the other Party at least ten (10) working days before the termination of the Agreement.

FINAL CONDITIONS

The Contractor has the right, if necessary, to involve third parties with the appropriate licenses to provide the Services and ensure the operation of the Service.

If the Customer’s actions lead to claims, lawsuits from third parties, and/or orders to pay penalties from state authorities in connection with the violation of third-party rights and/or legislation, the Customer is obliged to immediately, at the Contractor’s request, provide all the requested information regarding the placement and content of materials used in the service, assist the Contractor in resolving such claims and lawsuits, and compensate for all damages incurred by the Contractor as a result of such claims, lawsuits, and orders.

Disputes and disagreements not resolved out of court shall be resolved in court at the location of the Contractor, according to the information contained in the Unified State Register (USR).

Sole Proprietor Paliy Oleksandr Vasylovych, TIN 337001092

Ukraine, Poltava region, Kremenchuk city, Shyshkina St.

Email – info@adsquiz.io