Public contract (offer to conclude a contract)

The text below is a public offer (in accordance with Article 641 of the Civil Code of Ukraine) of the limited liability company “AVADA MEDIA” (EDRPOU code 42999635) (hereinafter referred to as the Contractor), addressed to an unlimited number of persons for the conclusion of an Agreement on the provision of information services (hereinafter referred to as the Agreement) on the terms set out below. 

This Agreement is an adhesion contract with all the consequences specified in Articles 634, 641, and 642 of the Civil Code of Ukraine.

This Agreement shall be deemed concluded in accordance with Article 642 of the Civil Code of Ukraine and shall become legally binding upon compliance with the provisions of this Agreement, which means your full and unconditional acceptance of all terms and conditions of the Agreement without any exceptions and/or restrictions (acceptance).

1. Definitions of Terms

1.1 The terms of the Agreement regulate the legal relations between the Parties and include the following definitions:
1.1.1 “Website/Site” – an online platform on the domain: https://spacelab.ua/
1.1.2 “Customer” – a user (potential user) of the Contractor’s services who has provided their Personal Data and other information for processing, has the necessary civil capacity to conclude this Agreement, and has entered into the Agreement by Accepting the Offer under the terms of the Offer, to which they are entitled;
1.1.3 “Course” – a series of educational lessons conducted according to a plan and schedule, containing Content on one or more topics of a direction determined by the Customer, within the available Educational Programs. The scope, characteristics, and conditions of the Course, as well as other information about the Course, are defined in the Educational Offers posted on the Website;
1.1.4 “Educational Offer” – information posted on the Website regarding the scope, characteristics, format, dates, duration, procedure for providing the Course, rules for completing the Course, etc.
1.1.5 “Educational Program” – a sequence of topics, tasks, assignments, and projects for learning programming or related subjects developed by the Contractor and/or course providers independently or with the involvement of third parties. During the educational process, the Educational Program may be modified and adjusted.
1.1.6 “Educational-Methodical Materials” (hereinafter – EMM) – tasks, assignments, projects, tests, graphic, video, and textual materials, video lessons, etc., developed by the Contractor independently or with the involvement of third parties, or developed by third parties, in paper or electronic form, for the successful mastery of the Educational Program by the Student.
1.1.7 “Lesson/Educational Session” – part of the Course that logically combines a portion of the Course information and, if necessary, contains requirements (assignments) that restrict access to subsequent Lessons or impose other limitations on Course completion, conducted by the Trainer in the manner specified in this Agreement.
1.1.8 “Course Completion” – the process of consuming Course information aimed at acquiring the knowledge, skills, or information contained in the Course, and includes performing mandatory and/or optional tasks from Lessons.
1.1.9 “Course Completion Conditions” – a set of requirements and restrictions established by the Contractor, determining the conditions for the Student’s access to the Course and the opportunities provided to the Student during the Course. Different Students may be subject to different requirements and provided with different opportunities if necessary for the provision of Services.
1.1.10 “Evaluation System” – a system established by the Contractor to assess the quality of Course learning. The system is set, modified, and improved at the Contractor’s discretion.
1.1.11 “Student” – an individual who has registered under the terms of this Agreement and to whom the Services are provided;
1.1.12 “Contractor” – Limited Liability Company “AVADA MEDIA” (EDRPOU code 42999635), registered at: Ukraine, 65023, Odesa region, city of Odesa, Vsevolod Zmienko Street, building 7;
1.1.13 “Content” – information in the form of literature, audio-video recordings (phonograms, videograms), textual, graphic, and other materials, webinars, developed, organized, and provided for use, including by the Student/Customer.
1.1.14 “Teacher/Trainer” – a person who directly conducts the Educational Session of the Course, checks the tasks completed within the Course, and performs other actions provided by the Course;
1.1.15 “Owner” – an individual who is the developer and owner of the Content or part of it;
1.1.16 “Owner License” – a license granted by the Owner to the Contractor;
1.1.17 “Parties” – the Contractor and the Customer;
1.1.18 “Acceptance” – full and unconditional acceptance of the Offer by performing the actions specified in the Offer;
1.1.19 “Offer” – a proposal from the Contractor addressed to any legally capable individual, in accordance with Article 633 of the Civil Code of Ukraine, to conclude a public contract for the provision of services (this Agreement) on the terms posted online at: https://spacelab.ua/terms-of-use/;
1.1.20 “Agreement” – a document concluded between the Contractor and the Customer at the moment the Contractor receives the Acceptance of the Offer under the terms defined in the Offer;
1.1.21 “Services” – providing the Customer with the opportunity to receive and use information services, including the Course/Content for personal learning, attending Educational Sessions, submitting tasks completed within the Course for Trainer review, etc.;
1.1.22 “Customer Registration” (hereinafter – Registration) – the Customer filling out the Registration Form by providing personal data, other information, and consent for its processing;
1.1.23 “Registration Form” – an electronic or paper registration form for ordering Services, to be completed by the Customer electronically on the Site or in paper form, to provide the Contractor with the information necessary to fulfill its obligations under the Agreement and to confirm the conclusion of the Agreement by the Customer;
1.1.24 “Personal Data” – information or a set of information about an individual who is identified or can be specifically identified;
1.1.25 “Customer Data” – any data related to the Customer, including their name, EDRPOU code, banking details, registration address, actual business address, information about directors and participants of a legal entity, as well as other information provided by the Customer at the Contractor’s request;
1.1.26 “Review” – a review personally provided by the Customer regarding the Services provided by the Contractor, presented as a video recording with the Customer’s image;
1.1.27 “Privacy Policy” – a document posted online at https://spacelab.ua/privacy-policy/, which is an integral part of the Agreement. Concluding the Agreement also entails acceptance of the Privacy Policy;
1.1.28 “User Agreement” – rules defining the procedure, methods, and scope of using the Site, posted at: https://spacelab.ua/terms-of-use/, which are an integral part of the Agreement. Concluding the Agreement also entails acceptance of the User Agreement;
1.1.29 “Course Provider” – individuals authorized by the Contractor to develop Content/Courses;
1.1.30 “Study Group” – a group of Students numbering three or more, who simultaneously take the same Course and attend Lessons.

1.2 Other terms used in the Agreement are defined by the current legislation of Ukraine.

2. Subject of the Agreement

2.1 The Contractor provides the Customer with informational services for online and/or offline education (Services), and the Customer acquires the right to receive the Services in the manner and under the conditions established by the Agreement, and undertakes to fulfill the obligations stipulated by the terms of this Agreement or the Educational Offer.

2.2 The list, characteristics, and scope of the Services are determined by the Educational Offers.

2.3 The procedure for providing additional services or concluding additional terms not stipulated in the Agreement is agreed upon by the Parties through a separate agreement.

2.4 The Services under this Agreement are not considered educational services within the meaning of the Law of Ukraine “On Education,” as they are informational services.

2.5 The commencement of the Services is considered to be the enrollment of the Student in the Study Group for the Course, which is communicated to the Customer.

2.6 The completion of the Services is considered to be the exclusion of the Student from the Study Group or any other termination of the Agreement.

3. Conclusion of the Agreement with the Customer

3.1 Posting the text of this Agreement on the Site constitutes an offer (Offer) by the Contractor to subjects (potential customers) who wish to receive the Contractor’s Services and conclude this Agreement under the terms specified therein.

3.2 The Offer may be accepted by any person who meets the requirements of this Agreement and wishes to take the Course.

3.3 Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all rights and powers required and sufficient to conclude and perform this Agreement under its terms. To conclude this Agreement, the Customer must have full legal capacity and be at least 17 years old. The Agreement may be concluded by a legal representative on behalf of a minor (one of the parents or a guardian). If the Agreement is concluded on behalf of a legal entity, the representative of such legal entity must have the necessary authority.

3.4 The Contractor is not obliged to verify the Customer’s compliance with the requirements of the Agreement and is not responsible in case the Customer does not meet these requirements.

3.5 All terms of the Agreement set out in this Offer are binding on the Parties. Before accepting this Offer, the Customer must familiarize themselves with the terms of the Agreement and other information posted on the Site.

3.6 The Offer is considered accepted by the Customer, and the Agreement accordingly concluded, and Services ordered if the Customer has performed the following actions collectively:
3.6.1 Properly registered, marking the field “I have read and agree with the terms of the Public Offer.”

3.7 A person who does not fulfill the conditions of clause 3.6 of the Agreement is not considered a Customer.

3.8 By accepting the Offer, the Customer guarantees that they have read, agree, and fully and unconditionally (without reservation) accept all terms (in full and without exception) of the Agreement and its integral appendices, namely the Privacy Policy and the User Agreement.

3.9 The Offer (the Agreement, including the Privacy Policy and User Agreement) may be accepted by the Customer only in its entirety, and the Customer confirms that acceptance of the Offer is equivalent to concluding the Agreement on the terms set out in the Offer.

3.10 Acceptance of the Offer by the Customer means that the Customer understands all the conditions for receiving the Services and the terms of the Offer, has exercised the right to obtain from the Contractor any clarifications regarding the terms of service provision under this Offer, and confirms that the terms of service provision and the offered opportunities meet the will, needs, and requirements of the Customer.

3.11 The terms of this Agreement apply to any Course/Educational Offer.

3.12 A person who does not agree with the terms of the Agreement should not accept this Offer.

3.13 The term of acceptance is valid for the entire time this Offer is posted on the webpage https://spacelab.ua/terms-of-data-use/

4. Procedure for Receiving Services

4.1 The Services under this Agreement are provided by the Contractor’s Trainers by conducting Lessons in real-time according to the Educational Program chosen by the Customer.

4.2 To receive the Services, the Customer must register, fulfill all conditions of this Agreement, and be enrolled in the Study Group.

4.3 After accepting this Agreement and being enrolled in the Study Group according to the lesson schedule, the Customer has the right to attend the Lessons.

4.4 For participation in online learning, the Customer independently ensures compliance with proper technical requirements for their personal computer and/or other device.

4.5 The Contractor is not responsible for the Customer’s inability to participate in online and/or offline learning caused by reasons beyond the Contractor’s control, including the Customer’s failure to comply with clause 4.4 of the Agreement.

4.6 The Contractor has the right, at its own discretion and without prior notice to the Customer, to change the lesson schedule, duration, and timing of the lessons.

4.7 The Contractor has the right to refuse participation in a lesson to a Customer who has violated or failed to comply with the terms of this Agreement or the Educational Program.

4.8 In case the Customer misses a lesson for reasons beyond the Contractor’s control, the Customer has no right to demand its repetition.

4.9 During a lesson, Customers have the right, if technical possibilities allow, to ask questions strictly related to the topic and content of the lesson unless the Trainer specifies another procedure for asking and answering questions. Restrictions may be imposed by the Contractor for the entire Course or for specific lessons.

4.10 Other rules for Course completion may be specified in appendices to this Agreement and/or on the Site.

4.11 The Contractor has the full right to refuse the Customer the provision of Services in case of violation by the Customer of the terms of this Agreement and its appendices, applicable law, or in other cases determined at the Contractor’s discretion without explanation. In such cases, the concluded Agreement is considered terminated unilaterally.

5. Rights and Obligations of the Parties

5.1 The Customer has the right to:
5.1.1 Choose a Service;
5.1.2 Receive information about the Services;
5.1.3 Receive the Services in accordance with the terms of this Agreement;
5.1.4 Access the Course from the start of the lessons of this Course, provided they properly fulfill their obligations under the Agreement and have no violations thereof;
5.1.5 Use the materials/Content provided by the Contractor for the purpose of learning and completing the Course, under the terms of this Agreement;
5.1.6 Exercise other rights stipulated by the Agreement, its appendices, and applicable law.

5.2 The Customer is obliged to:
5.2.1 Accept from the Contractor the Services provided under this Agreement, in the manner established by the Agreement;
5.2.2 Provide accurate information about themselves during Registration. The Customer is responsible for the accuracy of such information;
5.2.3 Comply with the requirements of this Agreement, its appendices, the rules and procedures for completing the Course/receiving Services as specified on the Site, and adhere to the laws of Ukraine while performing this Agreement and completing the Course;
5.2.4 When using the Services or after receiving the Services – upon the Contractor’s request, provide the Contractor with a Review in the form of a video recording with their own image/participation, which the Contractor may use at its discretion and for its own purposes, including posting on the Site;
5.2.5 Use the Site only within the rights and in the manner provided by the Agreement and granted to them, taking into account the rules set out in the User Agreement;
5.2.6 Comply with all requirements of the Contractor set forth in the Agreement and on the Site, as well as the requirements of the Trainer/Contractor during the Course and receipt of Services;
5.2.7 Provide the Contractor with personal data of Users, the Customer, and other data necessary for fulfilling the Agreement – upon the Contractor’s request and within the timeframes specified in the request;
5.2.8 Notify the Contractor within 5 business days of any changes to the data (including personal data) previously provided;
5.2.9 Strictly comply with and not violate the terms of the Agreement, and ensure the confidentiality of commercial, technical, and educational information (Content) received from the Contractor;
5.2.10 Avoid inactivity that results in and/or creates a risk of loss of physical media containing Confidential Information, and/or unauthorized access by a Party to confidential information of third parties;
5.2.11 In cases where disclosure of Confidential Information is allowed by the Agreement, obtain from the person to whom Confidential Information is disclosed a legally valid document containing obligations regarding non-disclosure to other persons. The receiving Party is responsible for any violation by such person of the non-disclosure obligations;
5.2.12 Not copy or reproduce Confidential Information for purposes other than the Permitted Purposes (to gain additional knowledge, skills, and abilities). The Student is not entitled to copy or distribute the Services/Content, or other audiovisual information provided by the Contractor/Trainer, in whole or in part, including participating in or distributing such Services and information on information product co-purchase platforms;
5.2.13 Maintain confidentiality and not provide third parties with information regarding this Agreement, technical, or other information received in the process of performing this Agreement without prior written consent of the Contractor, except as provided by this Agreement and applicable Ukrainian law;
5.2.14 Refrain from:

  • behavior that may interfere with other participants of the Course, Trainers, and other persons in participating in the Course and receiving information during the Course;
  • spreading false or inaccurate information, information that damages the honor, dignity, or business reputation of the Contractor, other customers, Trainers, third parties, or information inciting national, ethnic, racial intolerance, hostility, war, change of the state system of countries, information whose dissemination is prohibited by the current legislation of Ukraine and International law;
  • other actions not provided for by this Agreement but constituting a criminal or administrative offense, or violating the rights and lawful interests of the Contractor, other Customers, Trainers, or third parties;

5.2.15 Perform other obligations stipulated by the Agreement, its appendices, and applicable law.

5.3 The Contractor has the right to:
5.3.1 Require the Customer and Student to fulfill the obligations imposed on them under this Agreement;
5.3.2 Stop providing Services at any time and exclude the Customer from the Study Group;
5.3.3 Suspend/limit the Customer’s ability to receive Services/access the Course in other cases specified by this Agreement due to the Customer’s failure to fulfill obligations under this Agreement, its appendices, or applicable law;
5.3.4 The Contractor is not obliged to enroll the Customer in a Study Group upon their Acceptance of the Offer;
5.3.5 Refuse the Customer access to the Course without specifying reasons. Upon such refusal, the concluded Agreement is considered terminated;
5.3.6 Change, update, and improve the Course/Services, the procedure for providing Services, the Offer, and this Agreement at its discretion without re-signing this Agreement, by publishing changes on the Site;
5.3.7 Suspend or terminate the Customer’s Registration or access to the Site/Course/Lesson;
5.3.8 Involve third parties in the performance of this Agreement/provision of Services under this Agreement. The Contractor has the right to transfer its rights and obligations under this Agreement to third parties without the Customer’s consent;
5.3.9 Conduct, if necessary, preliminary testing of the Customer to determine their level of preparation and assign them to a group of the corresponding educational level;
5.3.10 Temporarily suspend the provision of Services due to technical, technological, or other reasons that prevent provision of Services until such reasons are resolved;
5.3.11 Unilaterally amend the Offer and/or Agreement by issuing new versions of the Offer and/or Agreement or amending specific terms;
5.3.12 Use works created by the Student during the term of the Agreement within the Course, including source codes and materials of these works, as well as record (including video) Lessons, including all persons present, and use such recordings for illustrative, demonstration, and promotional purposes, including but not limited to publication on the Internet and use in printed materials;
5.3.13 Exercise other rights stipulated by the Agreement, its appendices, and applicable law.

5.4 The Contractor undertakes to:
5.4.1 Provide the Customer with Services, and the opportunity to access them, in the manner and under the conditions established by the Agreement until the termination of the Agreement, unilateral refusal of the Agreement, or provision of Services;
5.4.2 At its discretion, provide the Customer during the learning process with educational and informational online materials (video, text, etc.);
5.4.3 Use all personal data of the Customer, Users, and other confidential information in accordance with the terms of the Agreement, Privacy Policy, and compliance with the laws of Ukraine;
5.4.4 Perform other obligations stipulated by the Agreement, its appendices, and applicable law.

6. Warranties

6.1 The Customer agrees that they use the Contractor’s Services at their own discretion and bear sole responsibility for this.

6.2 The Contractor shall not be liable for any results, achievements, acquisitions, income, reputational or other risks, etc., that the Customer may not obtain when receiving the Services, as well as for any losses the Customer may incur due to not receiving the Services or the Contractor’s unilateral refusal of the Agreement;

6.3 The results achieved by different Customers may vary significantly when using the same Services. By using the Contractor’s Services, the Customer waives any claims against the Contractor regarding the results of using the Contractor’s Services.

6.4 The Contractor does not guarantee the functionality of the Site.

6.5 The Customer agrees that the Site/part of the Content is not the Contractor’s own development, and the Contractor is not responsible for the revocation of the License by the Owner.

6.6 The Contractor guarantees that:
6.6.1 It ensures the preservation and storage of the Customer’s and Users’ data on the Site, including in accordance with the Privacy Policy.

6.7 The Customer guarantees that they:
6.7.1 Have all rights and powers necessary to conclude and perform the Agreement;
6.7.2 Have all permits/decisions from authorized governing bodies required to conclude the Agreement;
6.7.3 Have obtained and have all legal grounds (necessary permissions and consents) to process personal data and other information constituting the content of personal data regarding third parties using the Site, and guarantee full and unconditional consent of these persons to all provisions of the Privacy Policy;
6.7.4 Act voluntarily and in their own interest;
6.7.5 Provided accurate, current, and correct information about the Customer and third parties;
6.7.6 Conclude the Agreement voluntarily, having fully familiarized themselves with the terms of this Offer, the Privacy Policy, and the User Agreement, fully understanding the subject of the Agreement, and fully understanding the meaning and consequences of their actions regarding the conclusion and performance of the Agreement.

7. Acceptance and Transfer of Provided Services

7.1 Services under this Agreement are considered provided by the Contractor (for real-time lessons) from the moment the Lesson ends (regardless of whether the Customer participated).

8. Term of the Agreement

8.1 The Agreement is considered concluded and comes into effect upon Acceptance and remains in force for the entire period of the Customer receiving Services or until the Agreement is terminated on the grounds specified in the terms of the Agreement and/or applicable Ukrainian law.

9. Blocking Access, Termination, and Amendment of the Agreement

9.1 The Contractor may block the Customer’s access to the Site/Course/Lesson in case of violation of the terms of the Agreement and/or User Agreement and/or applicable law and/or at its discretion, even in the absence of any violations by the Customer.

9.2 The Contractor has the right to unilaterally terminate this Agreement without explaining the reasons for such termination, including if the Customer violates any terms of the Agreement and/or User Agreement and/or applicable law.

9.3 Termination of this Agreement does not release the Customer from fulfilling obligations stipulated by this Agreement.

9.4 After termination of the Agreement, all rights to use the Services will be canceled. The Customer undertakes to immediately cease using the Content.

9.5 The Contractor shall not be liable for adverse consequences, including damage caused to third parties due to the deletion of the Customer’s account.

9.6 This Agreement may also be terminated by mutual consent of the parties.

9.7 This Agreement may be amended unilaterally by the Contractor without prior or subsequent notice to the Customer. Changes take effect upon publication of the new version of the Agreement on the Site. The version of this Agreement under the Offer is available (published) online at https://spacelab.ua/terms-of-data-use/

9.8 The Customer understands and acknowledges that their consent to the terms of this Agreement and/or use of the Site after publication of a new version of the Agreement signifies the Customer’s agreement with the updated terms. If the Customer does not agree with the new terms, they must immediately stop using the Contractor’s Services.

10. Liability

10.1 For failure or improper performance of their obligations under the Agreement, the Parties shall be liable in accordance with the applicable legislation of Ukraine and the Agreement.

10.2 The Contractor is not liable for the non-conformity of Lessons and/or Content/Course to the Customer’s expectations based on their subjective assessment.

10.3 The Contractor is not liable if the Customer is unable to use the Services for reasons beyond the Contractor’s control (absence of the appropriate software on the Customer’s side, its malfunction, or other technical limitations, lack or restriction of Internet access, non-participation in lessons for reasons beyond the Contractor’s control, etc.).

10.4 The Contractor is not liable for unilateral termination of the Agreement and for any losses incurred by the Customer due to such termination.

10.5 The Student/Customer bears full responsibility:

  • for any copying and further distribution of the Services/Content/intellectual property of the Contractor/Owner or other information provided by the Contractor, either in full or in part. This includes if the Student/Customer is a participant or distributor of such services and information on shared-purchase platforms for informational products;
  • for non-compliance with the rules of the Course/this Agreement, including for lack of success or failure to meet the requirements of the Course program;
  • for violations of behavioral rules during the Course, including incitement of interethnic conflicts, insulting other Course participants or the Trainer, forcing deviation from the Course topic, advertising, use of obscene language, etc.;
  • for providing access credentials to the Course to third parties, distributing information and materials received in connection with participation in the Course to third parties, whether for a fee or free of charge;
  • for using information and materials received from the Contractor’s Services for purposes other than personal, non-commercial use.

10.6 Any actions of the Customer aimed at obstructing the provision of Services by the Contractor to other Customers, or causing failure or improper provision of Services under this Agreement, will result in termination of this Agreement.

10.7 Upon detection of such violations, the Contractor has the right to block/restrict the Customer’s access to the Services/Course and demand compensation from the Customer for any incurred losses.

10.8 In the event of infringement of the Contractor’s or other Customers’ intellectual property rights by the Customer, including transfer of any information or materials received during the provision of Services to third parties, and if it is found that the Customer used such materials or information for commercial purposes, the Customer shall be liable for:

  • unilateral termination of the Agreement;
  • reimbursement to the Contractor for direct and indirect damages caused by such violation.

10.9 The Contractor is not liable for:
10.9.1 inability to provide Services due to reasons beyond its control, including force majeure, disruption of communication lines, absence or malfunction of equipment not owned by the Contractor, deterioration of quality of connection and data transfer provided by mobile operators or Internet providers;
10.9.2 security breaches or malfunction of equipment used by the Customer to receive Services;
10.9.3 any losses arising from the use or inability to use the Site or Services;
10.9.4 any losses of Customers or third parties not caused by the Contractor;
10.9.5 the content of information created, used, or posted by the Customer;
10.9.6 any action or inaction directly or indirectly resulting from actions or inactions of the Customer and/or third parties;
10.9.7 the operation or functioning of the Site, as well as products developed by the Customer or third parties for Users or modifications made by them;
10.9.8 inability to receive Services, or other adverse consequences resulting from deletion, suspension of Services, or termination of the Agreement;
10.9.9 loss of information, leakage of personal data of Customers, or any other adverse consequences;
10.9.10 failure of the Customer to fulfill obligations under this Agreement;
10.9.11 violation of the terms of this Agreement. The Parties are also liable as established by law, unless otherwise provided by the Agreement.

10.10 If any third party makes a claim against the Contractor due to violation of the Agreement or applicable law by the Customer/Student, including infringement of third-party rights (including intellectual property rights), the Customer shall indemnify the Contractor for all expenses, including paying any compensations and other costs related to such a claim. The Contractor shall notify the Customer of the need to address such a claim within 10 business days of receipt, and the Customer undertakes to take all reasonable actions to satisfy the claim and/or resolve disputes amicably.

11. Force Majeure

11.1 A Party shall not be liable to the other Party for any losses or damages resulting from late or non-performance of this Agreement, in whole or in part, if caused, wholly or partially, by force majeure circumstances beyond the Parties’ control and without negligence on their part.

11.2 Such circumstances, events, or causes include (the list is not exhaustive): threat of war, armed conflict or serious threat thereof, hostile attacks, blockades, embargoes, actions of a foreign enemy, general military mobilization, military actions, declared and undeclared war, actions of public enemies, riots, acts of terrorism, sabotage, piracy, invasions, revolutions, uprisings, mass disturbances, curfews, expropriation, seizure, requisition, public demonstrations, illegal acts of third parties, fire, explosion, prolonged transport interruptions, regulatory actions by government authorities, closure of sea passages, export/import bans or restrictions, as well as exceptional weather conditions and natural disasters, namely: epidemics, epizootics, pandemics, severe storms, cyclones, hurricanes, tornadoes, floods, snow accumulation, ice, hail, frost, freezing of seas or ports, mountain passes, earthquakes, lightning, fires, droughts, landslides, and other natural disasters.

11.3 The occurrence and duration of force majeure circumstances must be documented by a competent state authority in accordance with Ukrainian law. In case of force majeure, the affected Party must notify the other Party in writing within 10 (ten) calendar days from the date of occurrence.

11.4 The Contractor has the right to inform Customers about the occurrence of force majeure by posting the relevant information on the Site. Customers are considered notified from the moment such information is posted.

12. Confidentiality

12.1 By accepting this Agreement, the Customer, in accordance with the Law of Ukraine “On Personal Data Protection,” consents to the Contractor processing the Customer’s personal data and agrees to the transfer of such data to third parties for the purpose of performing this Agreement.

12.2 The Customer grants the Contractor the right to use works, photographs, or video recordings of the Student and other materials created during the provision of Services.

12.3 By concluding this Agreement, the Customer agrees that the Contractor has the right to send written notifications, promotional mailings, informational messages, and other materials to messengers and/or to the phone number and email provided at the time of Order.

12.4 Other confidentiality terms under this Agreement are defined in the Privacy Policy, which is an integral part of this Agreement.

13. Intellectual Property

13.1 The Customer agrees that the Site, Content, Course, documentation, as well as all other copyright objects, systems, ideas and methods, operational algorithms, other information contained on the Site, and trademarks are the intellectual property of the Owner.

13.2 The Contractor grants the Customer a non-exclusive, non-sublicensable, revocable license, valid worldwide, to use the Content and Courses owned by the Contractor as the Owner, under the terms of this Agreement and for the duration of the Agreement, exclusively in the ways specified by the Contractor.

13.3 The right to use intellectual property received in the course of receiving services from the Contractor is limited to personal, non-commercial use and is not permitted for any other purposes.

13.4 The Contractor retains all exclusive proprietary rights to the intellectual property of the Content and Courses belonging to them, including the right to prevent and prohibit unlawful use by third parties.

13.5 The Contractor does not grant the Customer any rights to use trademarks for goods and services that may be contained in the Content, Courses, or on the Site, owned by the Contractor.

13.6 In case of reasonable suspicion of infringement of third-party intellectual property rights by materials contained in the Content, Courses, or on the Site, the Contractor reserves the right to suspend access to such materials without prior or subsequent notice to the Customer and is not liable for making such changes.

13.7 The Customer has no right to transfer access to obtained lesson recordings, educational or informational materials to third parties without the Contractor’s written consent, to publish, publicly reproduce in any manner or form, repeat, copy, or use for commercial purposes.

14. Final Provisions

14.1 All proposals or questions regarding the Offer and this Agreement must be sent via feedback in accordance with Section 16 of the Agreement.

14.2 By concluding this Agreement, the Customer gives the Contractor consent in accordance with Articles 307 and 308 of the Civil Code of Ukraine to be photographed, filmed, or recorded on video. Photographs and other artistic works depicting the Customer may be publicly shown, reproduced, and distributed by the Contractor for advertising, educational, and other purposes. All copyrights and related rights to the obtained photo and video materials in any form and on any media belong to the Contractor and cannot be used without their consent.

14.3 If the Customer objects to the use of their image in the mentioned materials, they must notify the Contractor in writing before starting the Course using the contact details specified in Section 16 of the Agreement.

14.4 The applicable law governing this Agreement shall be the law of Ukraine.

14.5 Regarding any issue directly or indirectly related to the Offer/Agreement, the Customer agrees that judicial dispute resolution shall take place in competent Ukrainian courts, in the manner and procedure established by the current legislation of Ukraine.

14.6 Invalidity of any part of the Agreement does not entail the invalidity of other parts of the Agreement. In case of modification, cancellation by the parties, or recognition of certain provisions of the Agreement as invalid, other provisions remain valid and binding on the Parties.

14.7 If certain provisions, rights, or obligations are not regulated by this Agreement, they are governed and established by the applicable law of Ukraine.

14.8 All attachments, changes, and additions to this Agreement constitute its integral part.

15. How to Contact the Contractor

15.1 The Customer can contact the Contractor using the communication methods specified on the Website.

16. Contractor Details

LIMITED LIABILITY COMPANY "AVADA MEDIA" (LLC "AVADA MEDIA")

EDRPOU Code: 42999635

Address: Ukraine, 65023, Odesa region, Odesa city, Dvoryanska St., 7

Phone: +38 (096) 295 74 96, Email: hr@avada-media.com.ua

Attachments: