Public Offer for the Provision of Access Services to the drivingrules.com.ua Service
This document is a public proposal (offer) by the Contractor to conclude a contract for the provision of access to the Service on the terms set out below. In accordance with Articles 633 and 641 of the Civil Code of Ukraine, this Contract is a public contract, the terms of which are the same for all Customers, except for persons who are granted respective benefits under the law.
Pursuant to Part 2 of Article 642 of the Civil Code of Ukraine, the Customer's registration on the website kavapp.com, the creation of an account, payment for the Services, or the performance of any other actions provided for by this offer constitutes full and unconditional acceptance of this offer. From the moment this offer is accepted, the Contract between the Contractor and the Customer is deemed concluded on the terms set out in this document.
The Contractor's Privacy Policy governs the procedure for processing the Customers' personal data during the use of the Service and is an integral part of this Contract. Acceptance of this offer confirms that the Customer has read the Privacy Policy and agrees to its terms. The Privacy Policy can be reviewed via the link.
This public offer is addressed to all natural and legal persons who wish to use the service and have the technical ability to receive the service.
Individual Entrepreneur Krasnoholovets Yevhen Pavlovych (entry in the Unified State Register dated 21.07.2023 No. 2010350000000357286, hereinafter referred to as the Contractor), on the one hand, acting in accordance with the current legislation of Ukraine, offers a natural person (hereinafter referred to as the Customer, jointly – the Parties, and each separately – a Party) to conclude a public contract for the provision of services (hereinafter referred to as the Contract) on the following terms.
1. Terms and Definitions
1.1. Public offer (contract) – a proposal by the Contractor, addressed to any natural and/or legal person, in accordance with Article 633 of the Civil Code of Ukraine, to conclude a public contract for the provision of access services to the drivingrules.com.ua service.
1.2. Acceptance – the full and unconditional consent of the Customer to conclude this Contract on the terms defined by this Contract.
1.3. Contractor – Individual Entrepreneur Krasnoholovets Yevhen Pavlovych.
1.4. Service – the analytical and legal search system drivingrules.com.ua.
1.5. Customer – a natural person who has agreed to the Terms and the Contractor's Privacy Policy and has registered in the manner established on the drivingrules.com.ua service, to whom the Contractor provides services in accordance with the terms of this Contract.
1.6. Service (provision) – the provision by the Contractor to the Customer of access to the drivingrules.com.ua service on a paid basis, after the Customer completes registration in the manner established by this Contract.
1.7. Paid services – the provision by the Contractor to the Customer, for a certain fee expressed in monetary terms, of services in the scope provided for by this Contract.
1.8. Cost of services (tariff) – a payment for access to the drivingrules.com.ua service and for the provision to the Customer of a certain scope of services, the amount of which is set by the Contractor.
1.9. Scope of services – the capabilities, functionality, and content available to the Customer that define the scope of the Customer's rights to use the Service.
1.10. Tariff plan (subscription or lifetime access) – the terms that define the scope of services available to the Customer for 1 month or forever, as well as the amount of payment the Customer must make to obtain access to such Resources.
1.11. Subscription – paid fixed-term access of the Customer to the Service or to a separate feature of the Service on the terms of the selected Tariff for a defined period of use.
1.12. Subscription renewal – the Customer's purchase of a new period of access to the Service on the terms of the respective Tariff. Subscription renewal does not change the terms of previously granted access and constitutes a separate payment for a new period of use of the Service. Automatic subscription renewal is also possible – renewal of the Subscription for the next period of use by automatically debiting the payment from the Customer's payment instrument, if such a capability is technically implemented in the Service, is expressly provided for by the terms of the respective Tariff, and is separately agreed by the Customer when arranging the Subscription. The Customer has the right to cancel the automatic renewal of the Subscription in the manner defined by the Service interface.
1.13. Lifetime access – paid access of the Customer to the Service or to a separate feature of the Service, provided without setting a fixed calendar term for the end of use, for the duration of the operation of the respective feature of the Service and subject to the Customer's compliance with this Offer. Lifetime access does not constitute a transfer to the Customer of ownership rights to the Service, its software, databases, training materials, or other intellectual property objects.
1.14. One-time payment for Lifetime access – a single payment, after which the Customer obtains Lifetime access to the Service or to a separate feature of the Service in the scope defined by the respective Tariff. Such payment does not require monthly renewal of access.
1.15. Payment period – a calendar period (1 month, forever) for which the Customer makes payment and receives the selected scope of services. A 1-month payment period includes 30 calendar days.
1.16. Personal data – information or a set of information about a natural person who is identified or can be specifically identified.
1.17. Personal data subject – a natural person in respect of whom, in accordance with the current legislation, the processing of their personal data is carried out.
1.18. Consent of the personal data subject – any voluntary expression of the will of a natural person to grant permission to process their personal data in accordance with the formulated purpose of their processing. Registration on the drivingrules.com.ua service constitutes the granting of consent by the personal data subject to the processing of their data.
1.19. Account – a set of information about the Customer provided by them.
2. General Provisions
2.1. On the basis of and under the terms defined by this Contract, the Contractor provides the Customer, and the Customer accepts, the services of access to the drivingrules.com.ua service only after the Customer completes registration on the drivingrules.com.ua website and creates an account.
2.2. All amendments and additions to this Contract are published on the Contractor's website.
2.3. All terms of this Contract are binding on both the Customer and the Contractor. Before starting to use the Service, the Customer is obliged to familiarize themselves with the terms of this Contract. If the Customer does not agree with the terms of this Contract, they are not entitled to use the services.
2.4. In case of the Customer's disagreement with the changes made by the Contractor to this Contract, or with the new tariffs for the Service, the Customer must stop using the service.
2.5. The Customer is a personal data subject who has completed registration on the service and gives consent to the processing of their personal data in the Contractor's personal data database, and also agrees to receive regular emails and other notifications from the service.
3. Procedure for the Provision of Services
3.1. The Customer independently registers in the Service on the app.drivingrules.com.ua website and, within 24 hours, obtains access to the services of the drivingrules.com.ua service.
3.2. The Cost of Services is determined taking into account the tax status of the Contractor and the requirements of the current tax legislation of Ukraine. Value added tax is charged in the cases and in the manner provided for by the Tax Code of Ukraine.
3.3. The Contractor reserves the right, at its own discretion and at any time, to change the terms of the Tariff plans. At the same time, the Customer may, at any time, replace their Tariff plan with another among those offered by the Contractor at the relevant time. Changes to the Tariff plans do not apply to periods that have been paid for by the Customer, but take effect after the expiry of the paid period of use of the service.
3.4. The terms of the Tariff plans and the terms of the Scope of services constitute an integral part of these Terms and are binding on all Customers. In addition, additional provisions relating to access to the Service may be posted in the Service. Such provisions are also an integral part of these Terms.
4. Account
4.1. To use the functionality of the Service, the Customer must register an Account. To register an Account, the Customer must provide their own name, email address, and also create a strong password.
4.2. By registering in the Service, You confirm that You are a legally capable natural person acting on Your own behalf or on lawful grounds on behalf of a legal entity. You also confirm that all information provided during the registration process is reliable, accurate, and up to date.
4.3. The procedure for storing and processing the personal data of natural persons by the Customer is established in the Privacy Policy.
5. Rights and Obligations of the Parties
5.1. The Contractor undertakes:
5.1.1. To provide the Customer with services in accordance with the paid scope of services.
5.1.2. To maintain the confidentiality of the Customer's personal data obtained during the registration of the Account and/or the use of the Service.
5.2. The Contractor has the right:
5.2.1. To stop the provision of paid services from the moment of the expiry of their provision term.
5.2.2. To change the procedure for the provision of services and their cost without re-concluding this Contract, by publishing the changes on its drivingrules.com.ua website.
5.2.3. To disclose any information, if necessary, in accordance with the legislation of Ukraine, at the request of authorized state institutions, as well as to ensure the normal functioning of the drivingrules.com.ua service or to protect the Contractor and the Customer(s), if this does not contradict the relevant constitutional rights of citizens and the current legislation of Ukraine.
5.3. The Customer undertakes:
5.3.1. To pay for the Contractor's services on time, in the scope, order, and terms provided for by this Contract.
5.3.2. To comply with the terms of this Contract.
5.3.3. Not to resell or provide the results of the services under this Contract to third parties.
5.3.4. To familiarize themselves with the Contract, the terms of the provision of the selected services, and to comply with and fulfill their requirements.
5.3.5. To keep secret all network credentials (logins, passwords).
5.3.6. The Customer undertakes not to collect, copy, or process the personal data of other persons, as well as any other information posted in the Service, in particular by means of parsing, i.e., the collection, analysis, processing, and storage of information posted on the web pages of the Service through the use of parser programs ("spiders") and their analogues.
5.4. The Customer has the right:
5.4.1. To receive information about services and tariffs.
5.4.2. To use the Service within the limits of the functionality available under the selected Tariff plan in accordance with these Terms.
5.4.3. In the event of any questions, complaints, or suggestions regarding the use of the Service, or the need to obtain other information within the competence of the Contractor, to contact the technical support service using the relevant functionality of the Service or by sending a message to the Contractor's email.
6. Cost of Services and Payment Procedure
6.1. The Cost of Services under this Contract is determined in accordance with the current tariff plans and payment periods published on the app.drivingrules.com.ua website.
6.2. Payment for the Services is made by the Customer by arranging a payment through payment services.
6.3. Services are provided subject to payment in the amount of 100% upon the receipt of the payment to the Contractor's settlement account. The date of the commencement of the provision of Services by the Contractor is the day the funds from the Customer are received into the Contractor's settlement account.
6.4. The Customer is solely responsible for the correctness of the payments they make.
6.5. In the event of a refusal of further use of the Service or a unilateral withdrawal from the contract on the Customer's initiative, the prepayment for the scope of services that has been duly provided is non-refundable.
7. Service Information
7.1. The Service collects data entered by the Customer using the methods implemented by the Service and stores them in a secure environment for the period of time necessary to enable their analysis by the Customer.
7.2. The compliance and correctness of the data in the Service depends on the correctness of the entry of such data by the Customer. The Contractor bears no responsibility for the content of such data, as well as for the consequences of their use.
7.3. The Service may contain links to third-party websites, web pages, and applications. The Customer is solely responsible for familiarizing themselves with the Terms of Use of the relevant websites and agrees that they use such websites at their own risk and bear full responsibility for the relevant actions.
8. Liability of the Parties
8.1. The Contractor bears no responsibility for the completeness and reliability of any information, including summarized and analytical data based on the machine analysis of the data entered by the Customer.
8.2. Summarized data, connections, and analytical information in the Service are of an exclusively informational nature. The Customer uses the summarized data and analytical information to make any decisions solely at their own discretion, and the Contractor bears no responsibility for the consequences of the use of this data and analytical information.
8.3. If the Customer is not satisfied with the terms and/or the quality of the operation of the Service, it is advisable to stop using it.
8.4. The Contractor bears no responsibility for any damages (direct, indirect, and incidental), including lost profits, arising as a result of a disruption in the operation of the Service, as a result of its use or the impossibility of its use. The Contractor bears no responsibility for any actions or inaction of a person and their consequences related to the use of the information obtained from the Service, unless otherwise established by law.
8.5. For the failure to fulfill or the improper fulfillment of their obligations under these Terms, the Parties bear responsibility in accordance with the current legislation of Ukraine.
8.6. The Customer undertakes not to violate and not to attempt to violate the provisions of these Terms. If the Contractor, at its own discretion, determines that the Customer has violated or attempted to violate these Terms, the Customer's access to the Service may be terminated. The Contractor may restrict the Customer's access to the Service, block, or delete the Account in connection with a violation of this Contract.
9. Dispute Resolution Procedure
9.1. These Terms and the relations between the Parties are governed by the legislation of Ukraine.
9.2. All disputes that may arise in connection with these Terms, including any questions regarding their fulfillment, conclusion, validity, or termination, the Parties will try to resolve through negotiations.
9.3. The Customer agrees that, for the purposes of resolving disputes between the Parties, an effective and mandatory means of communication is correspondence with the Customer by email and/or telephone.
9.4. In the event that the Parties do not reach an agreement regarding a dispute within 30 (thirty) calendar days, the dispute is referred for consideration to the competent court in accordance with the legislation of Ukraine.
10. Intellectual Property Rights
10.1. All components of the Service as a whole belong to the Contractor and are protected by legislation in the field of the protection of intellectual property rights.
10.2. The use for commercial purposes of any materials or elements of the Service without the written permission of the Contractor is strictly prohibited.
11. Final Provisions
11.1. The Customer has the right to terminate these Terms unilaterally at any time by deleting their Account. To delete the Account, the Customer must send a letter with a corresponding request to the Contractor's email.
11.2. The Contractor has the right to terminate these Terms unilaterally at any time. In the event of a unilateral withdrawal from the contract on the Contractor's initiative on grounds other than the Customer's violation of the terms of this Contract, the payments made by the Customer as prepayment are subject to refund to the account specified by the Customer.
11.3. The Contractor has the right to make changes or additions to these Terms at any time without any special notice, by posting a new version of the Terms in the relevant section of the Service. The new version of the Terms takes effect from the moment of its publication in the Service, unless otherwise provided for by the new version of the Terms. The Customer must periodically review the current Terms. If, after the expiry of 5 (five) calendar days after the changes are made, the Customer continues to use the Service, this means that the Customer fully and unconditionally agrees to such changes.
11.4. All requests regarding the use of the Service, in particular those provided for by these Terms, must be sent to the Company at the following address: info@drivingrules.com.ua.