JustSchool

PUBLIC AGREEMENT (OFFER)

Individual entrepreneur Furmanenko Ihor Ruslanovych (hereinafter "Company" or "Owner") offers an unlimited number of individuals (hereinafter "Customer" and/or "User" and/or "Executor" or "Teacher") (together herein referred to as the "Parties", separately as the "Party") to join this Public Agreement (Offer) (hereinafter the "Agreement" and/or "Offer") on the terms and conditions specified therein and in accordance with the selected list of services. The following actions will also be considered acceptance of this Agreement: registration on the Website and/or Mobile application checking the box next to the field "Familiar with the Public Agreement (Offer)," and/or signing the relevant Appendix (Additional Agreement) to this Public Agreement (Offer), which contains the details of the cooperation between the Parties. By accepting the agreement, the "Customer"/"User"/"Performer" (or "Instructor") fully accepts the terms and conditions of order processing, the terms and conditions of the educational process, instructor requirements, responsibilities, and all other conditions of this Agreement. If you disagree with any point of this public offer or do not understand any point of this offer, we suggest you refrain from entering into this public agreement. In case of disagreement with the terms of this Agreement, it is not possible to conclude an accession agreement. This Agreement is a public agreement in accordance with Articles 633, 634, 641, and Chapter 63 of the Civil Code of Ukraine, and its terms are the same for all "Customers"/"Users"/"Executors" (or "Teachers").

DEFINITION OF TERMS
For the purpose of clear interpretation within the scope of this Agreement, the terms listed below shall have the following meanings:
"Agreement" - this public agreement (with all amendments and additions) published on the Website at the following address: https://justschool.me/uk and/or in the Mobile application, addressed to any natural person who wishes to place an order (purchase a service and/or provide a service). Under this agreement, the Company undertakes to sell services, the list of which is available on the Website https://justschool.me/uk and/or in the Mobile application to all those who apply to purchase them.
"Appendix" / "Additional Agreement" - A document that records written agreements between the Company and the Customer and/or User and/or Executor (Teacher). Such agreements may include, but are not limited to, information regarding the details and cost of services, the procedure and terms of their provision, and other conditions necessary, the details of which are determined by the Parties. Such a document may be concluded in electronic form, including the use of an electronic digital signature (EDS), and/or be an integral part of the User's account.
«Offer» - a public offer made by the Company, addressed to an indefinite number of individuals, to enter into a Public Agreement with the Company remotely, under the terms contained in this Agreement, including all Appendices, Additional Agreements, etc;
«Acceptance» – is the unreserved acceptance of the terms of this Agreement between the "Customer"/"User"/"Executor"/"Teacher" and the Company. Acceptance confirms the fact of entering into the Agreement and can be made by placing an order, signing the relevant Appendix and/or Additional Agreement to this Public Agreement (Offer), or by taking other conclusive actions.
If the "Customer"/"User"/"Executor"/"Teacher" disagrees with any of the terms of the Agreement, they are not entitled to place any orders with the Company. The full and unconditional acceptance of the terms of the Agreement by the "Customer"/"User"/"Executor"/"Teacher" is a necessary condition for ordering services.
According to Article 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this Agreement, confirming the conclusion of the Agreement on the proposed terms, is performed by taking conclusive actions.
«Website» - the Company's Website, located at https://justschool.me/uk and/or https://justsmart.com.ua/uk, and all of its subdomains through which the Company provides services, as well as access to informational and analytical materials on it, in accordance with the provisions and terms specified in this Agreement.
«Mobile application» - a copy of a computer program in the form of a mobile application (application) for iOS, Android mobile devices called "JustSchool - English online", which is provided by the Company to the Customer and/or User and/or Executor (Teacher) for temporary use (during the term of this Agreement) for the functional purpose of the end user as a tool for obtaining access to the Company's services;
«Platform» - a technological platform in the form of an interconnected set of computer programs and electronic data in the form of numbers, letters, symbols, images and their combinations (including graphic information, video information, etc.), which is intended for automated monitoring, provision and/or receiving Services, collecting, processing, distributing, storing, presenting data on Orders placed on it by Users, and on Service offers placed by the Company, providing evaluations, etc. The Platform is the result of computer programming belonging to software products;
"Visitor" - an individual who uses the Website and/or Mobile application without registering an account.
"Order" - the decision of the Customer and/or the Executor (Teacher) to request a service, formalized on the Company's Website and/or Mobile application.
"Freeze" - a function that allows the Customer to return a limited number of missed lessons to their balance (restored as a bonus lesson).
«Customer» – an individual of legal age, except for individuals who: are located in temporarily occupied territory and/or in an area of active military operations and/or residents, or individuals who are located on the territory of the Russian Federation and/or are subject to personal special economic and other restrictive measures (sanctions); do not have the necessary legal capacity and competence to enter into such transactions, the person making payment for the Company's services, the order may be placed by the Customer in their own interest (in which case the Customer themselves is the User) as well as in the interest of third parties (Users), including a minor or underage child (hereinafter referred to as the "Child") for whom the Customer is the legal representative, guardian, or custodian.
«User» – a party to the Agreement, either an adult individual who has placed an order for services or a minor/underage individual on whose behalf services have been ordered, as presented on the Website and/or Mobile application. This is the person who directly receives and/or provides services. All Users under the Agreement have equal rights and responsibilities. When the User is a Child, the ordering of services is carried out in their interest by the Customer, who is obliged to monitor the performance of this Agreement by the User and is responsible for such User;
«Executor» («Teacher») - a party to the Agreement, an adult individual who orders services (provided services) in the interests of the Customer of the services presented on the Company's Website and/or Mobile application. All Executors (Teachers) under the Agreement acquire equal rights and obligations to the Customer and the Company;
«Child» - a minor or underage individual on whose behalf the Customer has placed an order for services as presented on the Company's Website and/or Mobile application;
«Account» - an aggregate of information about the User provided by the User or the Customer and/or the Executor (Teacher) during registration, containing details necessary for User identification for subsequent authorization on the Website and/or Mobile application, including: last name, first name, phone number, User's email, and password;
«Price» – the amount of money determined by the Company, which is paid for the services ordered/purchased/received by the Customer/Executor (Teacher) from the Company;
In the Agreement, terms that are not defined in Section 1 of the Agreement may be used. In such cases, the interpretation of the terms is carried out in accordance with the text of the Agreement. In the absence of a clear interpretation of a term in the text of the Agreement, the interpretation of the term should be based on, first, the legislation of Ukraine; second, the Website at https://justschool.me/uk and/or https://justsmart.com.ua/uk; and, then, commonly accepted interpretations.
GENERAL TERMS
By entering into the Agreement (i.e., accepting its terms), the Customer/User/Executor (Teacher) confirms the following:
The Customer/User/Executor (Teacher) is fully and completely informed and agrees with the terms of this Agreement and gives consent for the collection, processing, and transfer of personal data under the conditions of the Privacy Policy;
The Customer/User/Executor (Teacher) has been informed (without additional notice) about the rights established by the Law of Ukraine 'On Personal Data Protection,' the purposes of data collection, as well as that their personal data is transferred to the Company for the purpose of fulfilling the terms of this Agreement;
The Customer/User/Executor (Teacher) possesses the necessary legal capacity and authority to join this Agreement, is capable of fulfilling the terms of this Agreement, and is liable for any violations of its terms. They have reviewed the terms of this Agreement, the Privacy Policy, and the Consent for the collection and processing of personal data in their entirety and accept these terms without any limitations. They agree and undertake to abide by the terms of these documents and give consent for the collection and processing of the personal information provided to the Company in accordance with the laws of Ukraine and these documents.
The Customer/User/Executor (Teacher) is fully and completely familiar with and agrees with the terms of this Agreement regarding the possibility of video recording (video recording) by the Company of the process of providing and/or receiving educational services within the scope of obtaining access and/or using the Website and/or Mobile application and he gives permission for the collection, processing, use, including, but not limited to, such video recording by the Company and transfer of personal data under the terms of the Privacy Policy;
All relationships arising in connection with this Agreement are governed by the current legislation of Ukraine, unless otherwise expressly stated in this Agreement.
SUBJECT OF THE AGREEMENT
The Company undertakes to provide services (by granting access to the internal functionality of the Website and/or Mobile application) through the technical capabilities of the Website and/or Mobile application upon the order of the Customer and/or Executor (Teacher), while the Customer and/or Executor (Teacher) shall accept, provide, and pay for the services on the terms defined in this Agreement.
Any information on the Website and/or Mobile application is provided to the User "as is" and "as available" and should not be construed as an inducement to take action.
The Company provides the User with access to the Website https://justschool.me for the use of the functional capabilities of the Platform in accordance with these Rules:
- Distance learning sessions in English.
- Distance learning sessions in German.
- Conversation club.
- Online courses.
- Open lessons for children.
- Group lesson format.
- Other Website and/or Mobile application functionalities.
The Company provides the User with access to the Website https://justsmart.com.ua/uk and/or Mobile application to use the following platform functionalities in accordance with these Rules:
- Distance learning of English language.
- Distance learning of Polish language.
- Distance learning of Ukrainian language.
- Distance learning of mathematics.
- Distance learning of the history of Ukraine.
- Distance learning of programming.
- Online courses.
- Group lessons (both regular and enhanced formats) of English language.
- Other Website and/or Mobile application functionalities.
Access to the internal functionality of the Website and/or Mobile application is provided on both a paid and/or free basis. All information regarding the Website and/or Mobile application functional capabilities and the terms of its use is available to the user on the Website and/or Mobile application. The Customer/User/Executor (Teacher) agrees that they are personally responsible for familiarizing themselves with the conditions of access to the Website and/or Mobile application functional features. The User consumes services by participating in individual or group lessons, as well as by viewing or delivering educational materials, including online courses that were made accessible after ordering services on the Website and/or Mobile application.
The Company may, at its discretion, make changes to this Agreement, the Privacy Policy, and other documents that are an integral part of this Agreement (hereinafter referred to as the "Documents") from time to time. The Company will publish the changes on the Website, indicating the date of the last document revision.
This Agreement may be amended and/or supplemented by the Company unilaterally without any special notice. The Company reserves the right to inform Users of changes to the Agreement and other Documents by sending a notification to the User's email address. This Agreement is an open and publicly accessible document. The Company recommends that Users regularly check the terms of the Agreement for any changes and/or additions. Changes come into effect from the date of publication of the documents in the new edition.
If the User does not agree with the changed terms, they must cease using the Website and/or Mobile application and refrain from using the Company's services.
Further use of the services or other use of the technical capabilities of the Website and/or Mobile application by the User after the publication of the new version of the Agreement will be considered as the consent of the Customer/User/Executor (Teacher) to the new terms of the offer and the new version of the Agreement. If the Company does not receive a refusal from the User in electronic form within one calendar day from the moment of publishing the changes to the Agreement, the proposed changes/amendments to the Agreement and/or Documents will be considered accepted and agreed upon by the User in accordance with Part 3 of Article 205 of the Civil Code of Ukraine.
The primary language of the Agreement and the Website is Ukrainian, and it takes precedence over other versions available on the Website (documents may also be provided in other languages).
ACCOUNT REGISTRATION. ORDER PROCEDURE
The condition for providing services is registration (when registering, it is necessary to agree to this Agreement and other documents posted on the Website and/or Mobile application) and authorization on the Website and/or Mobile application. By registering an account, the Customer and/or Executor (Teacher) guarantees that the information provided by them is true, current, accurate, and complete. The Customer and/or Executor (Teacher) guarantee and confirm that they are a legally competent, adult person and that they have the rights and authority to enter into this Agreement.
In case the User is not of legal age, one of the parents or the legal guardian will act as the Customer and will bear full responsibility for the registration and access to the account of the underage or minor User, as well as for the use of the services by such User. The Customer and the User must comply with the terms of this Agreement and other documents published on the Website and/or Mobile application.
The login credentials for the Account on the Website and/or Mobile application are sent to the email address provided during registration. Additionally, during registration, there may be a request to verify the mobile phone number by entering a confirmation code sent to the mobile phone number provided at registration. After completing all the steps of authorization, the User gains access to the User Account.
In the future, access to the User Account is granted by entering the User's login and password.
The User/Customer/Executor (Teacher) is solely responsible for maintaining the confidentiality of the login and password for their User Account. All actions taken on the Website and/or Mobile application using the login and/or password of a specific User are considered to be their actions by "default" and do not require additional verification by the Company.
From the moment of registration of the Account, the User acquires the right to receive, with the help of the technical capabilities of the Website and/or Mobile application, access to a complex of information and reference data, including the right to receive the services provided by the Company:
- after registration service of the User on the Website and/or Mobile application (maintenance of the created Account with the possibility of its independent filling by the User with information with his personal data);
- deleting the User's Account at his request;
- providing the User with the opportunity to select services in order to further create online orders for access to them under specified conditions;
- creation of online orders by the User on the Website and/or Mobile application;
- organizing the User's access to information materials that can be obtained (purchased) using the technical capabilities of the Website;
- organization using the Website and/or Mobile application of communication between the User and the Company by exchanging messages in text and other forms to provide the necessary information.
In case of unauthorized access to the Account, the User must immediately notify the Company. In the absence of notification, the User (if the User is a minor, then the Customer) and/or Executor (Teacher) is responsible for all actions performed on behalf of such Account.
The company reserves the right to block the account or limit (terminate) the provision of rights to use the services in case of violations of this Agreement, the User Agreement and/or the requirements of the current legislation of Ukraine.
All information about the services (price of services, terms of provision, other information) is available on the relevant page of the Website and/or Mobile application, where the User can familiarize himself with the terms of service provision, in case the User has any questions after familiarizing himself with the terms of service provision, he can contact with the Company by exchanging messages in text form, or call 0800339742 to the Website: https://justschool.me/uk and 0800335481 to the Website: https://justsmart.com.ua/uk (calls from landline phones within Ukraine are free. Calls from mobile phones according to the tariffs of mobile operators).
- Orders are made from your personal Account.
- The order is confirmed after confirmation of payment, namely from the moment of crediting the funds to the Company's account.
- The Company provides the User with access to paid materials of the Website and/or Mobile application after payment, access to free materials is available from the moment of registration.
- Services are provided online.
- The term of the service depends on the type and price of the service chosen by the Customer during the Order.
WEBSITE AND/OR MOBILE APPLICATION FUNCTIONALITY FUNCTIONALITY
1. Distance learning of English language and German language. (: https://justschool.me/uk).
  1. The Company selects a teacher for the lessons with the User's agreement, based on their requirements and preferences.
  2. The User has the right, if desired, to change the current teacher.
  3. The Company has the right to replace the teacher for the User if there are valid reasons, with mandatory notification of the User.
  4. The lesson schedule is coordinated with the User.
  5. The duration of one lesson is:
    - 40 minutes - for Users aged up to 10 years.;
    - 50 minutes - for Users aged 10 and above;
    - 60 minutes - group lessons in regular and enhanced formats regardless of Users' age;
    - 60 minutes - open lessons for children and adults.
  6. The rescheduling or cancellation of sessions by the User can be made: no later than 1 (one) hour before the start of the session for Users under the age of 18.
    Failure to adhere to the specified timeframe is considered equivalent to the User's absence from the session.
  7. In case of non-notification or untimely notification of the rescheduling or cancellation of a session or exceeding the limit of reschedules/cancellations, the session is considered as having taken place and is subject to payment in the amount of 100%. Open lessons for children are not rescheduled but take place according to the established schedule.
  8. The User can inform the Company of their absence in a regular group lesson. Since such a lesson cannot be canceled/rescheduled, the manager suggests freezing the lesson and records the freeze. Freezes are only applicable to children's packages. It is not possible to freeze group lessons for adults.
  9. The User can inform the Company of their absence in an updated group lesson. Since such a lesson cannot be canceled/rescheduled, the manager suggests freezing the lesson and records the freeze. Freezes are only applicable to children's packages. It is not possible to freeze group lessons for adults. The User can freeze lessons at any time for the available number of weeks during which the packages are valid. After using all available weeks of freeze, missed lessons will expire and be deducted from the balance. This freeze condition applies exclusively to the group learning format when there are simultaneously 6 (six) Users in the group lesson.
  10. The number of freezes is limited and depends on the last paid lesson package of the student and is applicable exclusively to the regular format of group lessons:
    - 8 lessons: 2 freezes;
    - 16 lessons: 4 freezes;
    - 32 lessons: 8 freezes;
    - 64 lessons: 16 freezes.
  11. Number of freezes for the updated group lesson format (6 simultaneous users):
    - package for 64 lessons - a maximum of 2 weeks of freezing for the duration of the package. The client can freeze lessons from 1 week only. After freezing the 2nd week, the client will no longer be able to freeze lessons
    - package for 96 lessons - a maximum of 4 weeks of freezing, can also freeze lessons from 1 week. After 4 weeks of freezing, the lessons will burn.
  12. Terms of refund: the school refunds the money within 14 (fourteen) working days from the moment of the start of the group for all lessons that remain on the balance. After 14 (fourteen) working days, it is impossible to return the funds. This return condition applies exclusively to the group training format when 6 (six) Users are present at the lesson at the same time in the group.
  13. A warning about canceling and rescheduling a class can be given in the User's account if such functionality is available and/or by sending a text message to the agreed means of communication of the User, the Company or the teacher, depending on who is rescheduling or canceling the class.
  14. At the same time, the cancellation or postponement of the introductory class is not taken into account, the introductory class is always free for the User. However, the Company reserves the right to deny the User a repeat introductory session.
  15. The teacher has the right to postpone classes (in case of illness and for other valid reasons), notifying the User at least 24 hours in advance. If the User believes that the teacher postpones classes too often, the User has the right to contact the Company with a request to change the teacher.
  16. If the User is not available for training at the time specified in the schedule, the Company sends a reminder phone number (SMS) to the User's contact mobile number. At the same time, the class start time is considered to be the class start time set in the schedule. If the User does not respond in any way and does not appear at , the class is considered complete and is paid for at 100%.
  17. Classes that did not take place due to the fault of the Teacher/Company are rescheduled in full to another convenient time for the User.
  18. With a zero balance in the User's Account, it is necessary to replenish the balance within 7 (seven) working days in order to continue classes according to the current schedule and teacher. If the User's balance is not replenished within 7 (seven) business days, the Company stops booking classes (lessons) in the Teacher's schedule for this User. The company cannot guarantee that the current schedule and teacher will be maintained even if payment is made within 7 (seven) business days after the balance is due.
  19. The number of paid lessons is stored in the User's Account for 1 calendar year after payment. If they are not used during this time, the lesson is considered completed and is paid in the amount of 100%.
  20. Recalculation of the cost of classes. In the event that the User decides to resume training after a long period of non-use of classes (from 90 calendar days from the moment of cessation of use), the Company has the right to recalculate the price of classes in accordance with the price in effect at the time of such resumption.
  21. If the User switches from group to individual lessons or vice versa, the recalculation of the number of lessons will differ according to the average price of the package, and the number of lessons may change accordingly.
2. Speaking Club
  - Access to the conversational club is granted to the User after signing up for the conversational club. Information about the current cost of a monthly subscription can be found in your personal Account.
  - In the case of registration of a subscription, the Customer agrees to the monthly withdrawal of funds in the amount of the current cost of the monthly subscription. For the paid period, the Company provides access to the Speaking club platform. The User can cancel the subscription at any time in the personal Account.
  - The User plans the schedule of classes independently with the help of an online schedule.
  - Classes are held in regular English language groups. The duration of the lesson is 60 minutes.
3. Online course.
  - Access to online courses is provided to the User via the Internet on the Website and/or Mobile application.
  - The User plans the Online course schedule independently, at any convenient time for him.
4. Updated group format of English lessons.
  The format of group lessons is intended for adults and children aged 9 and over.
  The duration of the class is 60 minutes for adults and children; Group size: up to 6 people;
  Where the lessons are held: On the Website and/or Mobile application with audio and video links, each lesson is recorded and uploaded to Google Drive for viewing and downloading. Schedule: twice a week, and the weekend group includes two lessons in a row. Group lessons cannot be canceled or rescheduled.
5. Warranty disclaimer and technical requirements.
  1. The Company is not responsible for failure to provide the service due to the User's lack of necessary software or technical problems with the Internet.
6. Remote classes in English, Polish, Ukrainian, history of Ukraine, programming and mathematics (https://justsmart.com.ua/uk).
  1. The Company selects a teacher for classes in agreement with the User, depending on his requirements and wishes.
  2. The User has the right, at will, to change the current teacher.
  3. The Company has the right to replace the User with a teacher if there are good reasons for this, with mandatory notification of the User.
  4. The schedule of classes is agreed with the User.
  5. The duration of one lesson is:
    - 40 minutes - individual classes for Users under the age of 10 (Ukrainian language, Polish language, mathematics);
    - 50 minutes - individual lessons for Users aged 10 and over (Ukrainian language, Polish language, mathematics, history of Ukraine);
    - 50 minutes - individual classes regardless of the age of the Users (programming);
    - 50 minutes - group lessons in mathematics and the Ukrainian language (preparation for external examinations);
    - 60 minutes - group classes on programming courses Scratch, Roblox, Game design, Minecraft;
    - 90 minutes - group classes on Python programming courses, Website creation.
  6. Postponement or cancellation of classes by the User can be made no later than 1 (one) hour before the start of the class for Users.
    Failure to meet the specified deadline is equivalent to the User's failure to attend classes.
  7. The number of possible postponements or cancellations of classes depends on the intensity of the User's class schedule. The User has the right to:
    - 1 (one) postponement or cancellation of a class per month with a class schedule of 1 (one) class per week;
    - 2 (two) postponement or cancellation of classes per month with a schedule of 2 (two) and 3 (three) classes per week;
    - 3 (three) postponement or cancellation of classes per month with a schedule of 4 (four) or more classes per week.
  8. In case of non-notification or untimely notification of the postponement or cancellation of a class or exceeding the limit of postponement/cancellation of classes, the class is considered to have taken place and is subject to payment in the amount of 100%.
  9. The User may notify the Company of his/her absence from the group lesson. Since such a lesson cannot be canceled/postponed - the manager offers the student to freeze the lesson and fixes the freeze. Freezes apply only to children's packages. It is impossible to freeze group lessons. The user can freeze lessons in any period for the available number of weeks during which the packages are valid. After using all available weeks of freezing, missed lessons will be burned and deducted from the balance. This freezing condition applies exclusively to the updated group format of English language learning, when there are 6 (six) Users in the class at the same time. The number of freezes is limited and depends on the last paid class package of the student:
    - 8 lessons-2 freezes;
    - 16 lessons-4 freezes;
    - 32 lessons-8 freezes;
    - 64 lessons - 16 freezes.
    1. Freezing of remote group programming lessons:
      if the group is 8-12 students, learning freeze (valid for packages of 16 and 32 lessons): If the Customer / User is unable to study during a certain period of time, at that moment the Company removes such Customer / User from the group so that lessons are not canceled .
    2. Freezing packages of remote group classes in mathematics and the Ukrainian language:
      - 32 lessons - 8 freezes;
      - 64 lessons - 16 freezes.
  10. The number of freezes for the updated group format of English lessons (6 simultaneous users):
    - package for 64 lessons - a maximum of 2 weeks of freezing for the duration of the package. The client can freeze lessons from 1 week only. After freezing the 2nd week, the client will no longer be able to freeze lessons
    - package for 96 lessons - a maximum of 4 weeks of freezing, can also freeze lessons from 1 week. After 4 weeks of freezing, the lessons will burn.
  11. Terms of refund: the school refunds the money within 14 (fourteen) working days from the moment of the start of the group for all lessons that remain on the balance. After 14 (fourteen) working days, it is impossible to return the funds. This return condition applies exclusively to the group training format when 6 (six) Users are present at the lesson at the same time in the group.
  12. A warning about canceling and rescheduling a class can be given in the User's account if such functionality is available and/or by sending a text message to the agreed means of communication of the User, the Company or the teacher, depending on who is rescheduling or canceling the class.
  13. At the same time, the cancellation or postponement of the introductory class is not taken into account, the introductory class is always free for the User. However, the Company reserves the right to deny the User a repeat introductory session.
  14. The teacher has the right to postpone classes (in case of illness and for other valid reasons), notifying the User at least 24 hours in advance. If the User believes that the teacher postpones classes too often, the User has the right to contact the Company with a request to change the teacher.
  15. If the User is not available for training at the time specified in the schedule, the Company sends a reminder phone number (SMS) to the User's contact mobile number. At the same time, the class start time is considered to be the class start time set in the schedule. If the User does not respond in any way and does not appear at , the class is considered complete and is paid for at 100%.
  16. Classes that did not take place due to the fault of the Teacher/Company are rescheduled in full to another convenient time for the User.
  17. With a zero balance in the User's Account, it is necessary to replenish the balance within 7 (seven) working days in order to continue classes according to the current schedule and teacher. If the User's balance is not replenished within 7 (seven) business days, the Company stops booking classes (lessons) in the Teacher's schedule for this User. The company cannot guarantee that the current schedule and teacher will be maintained even if payment is made within 7 (seven) business days after the balance is due.
  18. The number of paid lessons is stored in the User's Account for 1 calendar year after payment. If they are not used during this time, the lesson is considered completed and is paid in the amount of 100%.
  19. Recalculation of the cost of classes. In the event that the User decides to resume training after a long period of non-use of classes (from 90 calendar days from the moment of cessation of use), the Company has the right to recalculate the price of classes in accordance with the price in effect at the time of such resumption.
  20. If the User switches from group to individual lessons or vice versa, the recalculation of the number of lessons will differ according to the average price of the package, and the number of lessons may change accordingly.
7. Online course
  1. Access to online courses is provided to the User via the Internet on the Website and/or Mobile application.
  2. The User plans the online course schedule independently, at any convenient time for him.
8. Updated group format of English lessons.
  The format of group lessons is intended for adults and children aged 9 and over.
  The duration of the class is 60 minutes for adults and children;
  Group size: up to 6 people;
  Where the lessons are held: On the Website and/or Mobile application with audio and video links, each lesson is recorded and uploaded to Google Drive for viewing and downloading. Schedule: twice a week, and the weekend group includes two lessons in a row. It is impossible to cancel or postpone group lessons.
9. Warranty disclaimer and technical requirements.
  1. The Company is not responsible for failure to provide the service due to the User's lack of necessary software or technical problems with the Internet.
10. Minimum PC system requirements:
  - Operating System: Windows 7/8 / 8.1 / 10, Mac OS X 10.9, 10.10, 10.11;
  - The Internet browser Google Chrome of the latest stable user version with auto-update enabled is installed;
  - RAM: from 2 GB and above, processor: 2-core processor from 1.8 GHz;
  - Presence of a microphone;
  - Internet connection from 1 Mbit / sec.
11. Recommended system requirements for a PC:
  - Operating system: Windows 8 / 8.1 / 10 and above, Mac OS X 10.10, 10.11 and above;
  - Installed Internet browser Google Chrome of the latest stable user version with auto-update turned on;
  - RAM: from 4 GB and above;
  - Processor: 2 core processor from 2.2 GHz;
  - Presence of a microphone and a video camera;
  - Internet connection from 35 Mbit / sec.
12. Minimum system requirements for Mobile phones:
  - Android Chrome, Samsung Internet Browser modern versions;
  - iOS Safari, Chrome modern versions.
13. Workplace settings:
  - Close all programs that can take up most of the Internet channel (such as file sharers);
  - At the beginning of the class (lesson), the student must allow access to the microphone and camera (if available).
14. The Company is not responsible and does not guarantee that technical or any other problems will not occur in the process of providing services, including malfunctions of the Website and/or Mobile application and/or third-party services that may be used in the process of providing services; that access to the services will be provided continuously, quickly, reliably and without errors; that all errors in the operation of the Website and/or Mobile application, third-party services will be corrected.
15. The User understands and agrees that the Company does not provide any guarantees and is not responsible for the User's failure to access the functionality of the Website and/or Mobile application due to the latter's lack of technical capabilities to obtain such access, including problems with Internet access.
16. At the same time, the Company is not responsible and does not guarantee that the User will receive any results from using the services; completeness, reliability and quality of services and content; compliance of services, content with expectations and/or other requirements.
PRICE OF SERVICES AND CALCULATION PROCEDURE
1. For access to certain functionalities of the Website and/or Mobile application, the User may be charged a fee in accordance with the Company's Tariffs. Information about the price of services (Tariffs) can be found in the Account. The User confirms that he is familiar with the Tariffs.
2. Payment for services is made in the User's Account. Payment for services is made by 100% (one hundred) prepayment in accordance with the selected Tariff. The moment of payment is considered the receipt of funds to the Company's account. The company may not provide paid services until payment is made. The price is determined and applied according to the Tariff selected by the User.
3. In addition to 100% prepayment, the Customer has the option of paying in installments. The installment terms may change, the current information about the installment terms can be found in the Account.
4. Payments for services are made by transferring funds to the Company's current bank account or through online payment services used by the Company. Payment is made in accordance with the Tariffs in effect at the time of ordering services.
5. Payment for services is made in hryvnia or hryvnia equivalent according to the exchange rate set by the Company as of the day of payment.
6. The Company undertakes to provide services only after receiving confirmation of payment from the User.
7. The company unilaterally sets the prices and terms of service provision. In the event of a change in the cost of services, the User shall be provided with services at the prices valid at the time of ordering the service. The set price and terms of service provision are valid until the next change in the price of services, as well as during the entire period prepaid by the User.
8. The user pays independently all commission costs and other payments provided by the bank or payment system, which may be added to the cost of services.
9. Services are provided subject to payment in the amount of 100% upon receipt of payment to the Company's current bank account no later than the terms indicated on the Website and/or in accordance with information letters and/or invoices sent to the User's email address or posted in the Account.
10. The moment of fulfillment of the monetary obligation is the date of crediting the funds to the Company's account.
11. The customer is independently responsible for the correctness of the payments made by him.
12. The Company reserves the right to provide Users with access to certain functionality of the Website and/or Mobile application free of charge or for a reduced fee under special conditions. Information about special conditions is available in the Account. It is your own responsibility to familiarize yourself with the special conditions.
13. In particular, the company provides the following special conditions:
14. Promo codes can be valid for the first payment, except for exceptions that the Company informs in official communication channels. To use the promotional code, you must activate the promotional code in the Account before paying. The promo code is considered invalid if it is activated after payment;
15. Bonus classes provided during promotions can be credited to the User, provided that the User has paid for at least 8 (eight) individual classes or at least 2 (two) months of group classes.
  1. The Company has a referral program. To use it, the User must send the referral link, which is in the User's Account, to the new User. Provided that the new User follows the referral link provided by the existing User and pays for 8 (eight) individual classes and more or 2 months of group classes and more - the new User will receive 1 class as a gift, and the current User through whose link the new User came will receive 3 (three) lessons as a gift.
  2. When additional classes are provided to the User as a bonus or incentive, the User cannot claim monetary compensation if such additional class was not conducted for some reason, or if the User refuses such class. Such additional bonus classes are held after all classes paid for by the User have been completed.
  3. In some cases, at the Customer's request, a refund may be made for unused services. The User's rights to receive paid and free services are cancelled. All commissions and fees are paid by the Customer at his expense. In this case, the Customer must contact the Company with such a request and indicate the card number, BIC, IBAN, SWIFT. If these data are not transferred to the Company together with the demand for the return of funds, then such data are considered the benefit of the Company and are not subject to return.
RIGHTS AND OBLIGATIONS OF THE PARTIES
1. The Customer/User/Executor (Teacher) undertakes to:
  1. Independently and consciously make a choice of services and bear responsibility for all your actions and inactions based on the information posted on the Website and/or Mobile application;
  2. To comply with the terms of this Agreement and other documents posted on the Website and/or Mobile application, to monitor changes and updates thereof;
  3. To comply with the legislation of Ukraine, the norms of international law, to respect other Users of the Website and/or Mobile application;
  4. Make payment for the ordered services on time and in full;
  5. Take all necessary actions to receive services;
  6. Not to disclose the information he received from the Company during the execution of this contract, the disclosure of which may lead to losses and/or negative consequences for the Company;
  7. Not to disclose to third parties information about the technologies and algorithms used by the Company during the provision of services;
  8. Users undertake to use access to services and information they receive as a result of providing services only for personal purposes, not to transfer access to the Account to third parties;
  9. Provide the Company and its authorized persons with true, complete, reliable and up-to-date information, monitor its updating and notify about changes in such information;
  10. Not to violate the intellectual property rights of the Company;
  11. Do not harm the reputation of the Company;
  12. Keep information about registration data, including login and password, in closed access from third parties, control it, take measures necessary to prevent unauthorized access by third parties, and bear full responsibility for any use of such data by the User and/or a third party;
  13. Comply with other terms and conditions outlined in this Agreement.
2. The user has the right to:
  1. Receive all necessary information from the Company on issues related to the provision of services.
  2. Receive services in accordance with the terms of this Agreement.
  3. Terminate the use of the Website and/or Mobile application in the manner prescribed by this Agreement.
  4. Submit wishes and suggestions for improving the Website and/or Mobile application to the Company.
  5. Leave feedback and comments on the services provided.
  6. Upon request, receive a detailed training report from the teacher.
3. The Customer/User (Executor/Teacher) guarantees that:
  1. They have read the payment and service provision procedure, understand these terms and conditions, and have no objections or comments. The User also agrees that the procedure for the provision of services and the terms of this Agreement do not limit their rights as a consumer in accordance with the laws of Ukraine.
  2. All information posted on the Website and/or Mobile application, during the process of receiving services, including the information specified during registration, is true, accurate, and up-to-date.
4. The user is prohibited:
  1. Download, store, publish, distribute, or provide access to any software designed to damage the Website and/or Mobile application infrastructure, disrupt its timely and proper functioning, attempt to intercept any data and personal information processed by the Website and/or Mobile application, perform actions that cause excessive load on the Website and/or Mobile application infrastructure, or otherwise interfere with the Website and/or Mobile application by any means and for any purpose.
  2. Attempt to gain access to the data of other users by hacking, substituting data in the relevant fields of the Website and/or Mobile application, or in any other illegal way.
  3. Enter false, irrelevant, or inconsistent information (data) not in line with the terms of this Agreement.
  4. Copy, download, send, transmit, or otherwise post and/or distribute any information without the rights to do so in accordance with the applicable laws of Ukraine or the Agreement. Users are prohibited from creating information products based on such content for profit or using this information in any way other than for personal use.
  5. Provide unauthorized access to the Website and/or Mobile application or accounts of other users.
  6. Reverse engineer, trace, or attempt to trace any information about any user of the Website and/or Mobile application.
  7. Use apps to record video from the screen while using the Website and/or Mobile application.
  8. Post (publish) on the Internet or otherwise distribute the content of the services (courses) without the Company's consent, including, but not limited to: informational content, assignments, details from closed chats, and training materials of the services (courses) in any form.
  9. Engage with the Company's teachers (employees/contractors) without involving the Company. If this clause is violated, the Company reserves the right to unilaterally terminate the Agreement without refunding any funds paid by the User.
5. The Company undertakes to:
  1. Provide access to the Website and/or Mobile application around the clock throughout the term of this Agreement. Access to the Website and/or Mobile application may be restricted in the event of:
    - Server crashes;
    - Work on the modification of the Service;
    - The occurrence of force majeure;
    - Other events beyond the Company's control.
  2. Make every effort to ensure that Website and/or Mobile application modification work is carried out during non-peak hours, such as at night, on weekends, and/or outside of regular business hours.
  3. Provide services in accordance with the terms and conditions stipulated by this Agreement.
  4. Not disclose the information received from the User and refrain from using it for mercenary purposes.
  5. Take measures, in accordance with the current legislation of Ukraine and international law, to ensure the confidentiality of information transmitted by the User.
  6. Not disclose the information received from the User to third parties without written consent, except as provided for by the current legislation of Ukraine and this Agreement.
  7. Employ all possible means to maintain the constant availability and accessibility of the Website and/or Mobile application for Users.
  8. Provide Users with accurate information on the provision of services under this Agreement by publishing it on the Website.
6. The company has the right to:
  1. Reserve the right to reject a person's request for registration without warning or explanation.
  2. Timely receive payment from the Customer/User.
  3. Engage third parties, such as employees, contractors, or other authorized individuals, to meet the obligations stipulated in this Agreement. The Company retains the right to utilise third-party services or works that facilitate the provision of services, as described in this Agreement.
  4. Take into account the User's wishes to improve the Service, but does not guarantee their fulfillment.
  5. At its discretion, at any time, make changes to the Website and/or Mobile application, add new or reduce existing services, modify their content, services, and functionality, change the design of the Website and/or Mobile application, and modify, add and/or remove Website and/or Mobile application functions, as well as add and/or remove information posted on the Website and/or Mobile application without the consent of the User.
  6. Receive from the User all necessary information and documents for the proper performance of obligations under this Agreement.
  7. Modify the terms of service provision with mandatory notification of the User.
  8. Carry out preventive maintenance to keep the Website and/or Mobile application operational and improve it.
  9. Send messages containing information about services, additional services, and goods to the User's email.
  10. Monitor (control) and record telephone calls received by the Company and conduct selective audits of email correspondence to ensure the proper level of service and fulfillment of obligations under this Agreement, as well as to use, exercise, and protect its rights and legitimate interests related to legal relations arising from this Agreement.
  11. Temporarily suspend the provision of services to the User under the Agreement for technical or other reasons that prevent the provision of services until such reasons are eliminated, without compensation for any damage for the temporary suspension of services.
  12. Unilaterally terminate this Agreement and stop providing services to the User if the User has breached its obligations under this Agreement, leading to the impossibility of providing services in full.
  13. Unilaterally delete the User's Account without notice if the User has not ordered services or used the Account for more than 12 consecutive calendar months.
7. The Company guarantees the User that:
  1. Utilizes generally accepted standards of technological and operational protection for the information and personal data of the User, safeguarding against loss, misuse, alteration, or destruction. The Company takes measures to ensure the proper operation of the Website and/or Mobile application. However, despite all efforts and precautions, the Company cannot guarantee the constant, error-free, and accurate operation of the Website and/or Mobile application or the absolute security of information from any threats arising outside its control. This includes, but is not limited to, threats that may result from illegal/negligent actions of the User, its representatives, employees, or authorized persons.
  2. Will make every effort to rectify any failures and errors in the functioning of the Website and/or Mobile application that may complicate the provision or receipt of services. However, the Company does not guarantee the complete absence of errors and failures while using the Website and/or Mobile application and reserves the right to suspend the Website and/or Mobile application during the elimination of technical problems.
8. Provides access to the User's information and personal data only to authorized employees/persons who have agreed to ensure the confidentiality of such information and data in accordance with the Company's requirements.

REQUIREMENTS AND OBLIGATIONS FOR EXECUTORS (TEACHERS):

The Executor (Teacher) must be prepared to conduct the lesson and ensure that the Internet connection is available 15 minutes before the start of the lesson.
The executor (Teacher) should conduct the lesson sitting at a table in a quiet room. Not allowed to conduct the lesson:
- Sitting on the sofa with a laptop on their lap.
- Lying/reclining.
- In a public place (cafe/train station/etc.).
- In the car interior.
- On the street.
The background outside the Executor (Teacher) should be neat (preferably a wall). It is not allowed to have a background:
- Logos of other schools.
- Bed/kitchen set.
- People or animals moving around the room.
The executor (teacher) should be clearly visible and audible:
- Not allowed to conduct a lesson with the camera turned off.
- The lighting in the room should fall on the teacher's face (not behind the teacher, which obscures the image).
- The webcam should be placed in front of the teacher, at eye level (not to the side).
- There should be no extraneous noise, and it is advisable to use a headset with headphones and a microphone with noise cancellation.
No food or drink is allowed during the class, except for a glass of water (not tea/coffee/juice, etc.).
The hygienic needs of the Executor (Teacher) shall be met during the break between lessons. It is not allowed to interrupt the lesson to fulfill these needs.
The Executor (Teacher) must adhere to the established professional dress code:
- Clothes covering the shoulders.
- Modest neckline.
- Clothes that are opaque.
- Tattoos covered by clothes.
- Facial piercings to be removed.
- Daytime makeup, natural.
- Neat hairstyle.
The executor (Teacher) must conduct the lesson in a sober and focused state. It is not allowed to conduct a lesson:
- Under the influence of alcohol/toxic substances.
- In a state of fatigue when the Executor (Teacher) cannot remain focused.
The executor (Teacher) must adhere to the rules of politeness and create a positive atmosphere in the classroom under any circumstances:
- The executor (teacher) should be smiling and in a friendly mood.
- The teacher should control his or her own emotions, even in the case of a student's bad behavior.
- The use of foul language or insults is unacceptable.
The Executor (Teacher) has no right to contact the student or his/her parents outside the school. All communication regarding the student is carried out through managers.
The Executor (Teacher) must follow the rules for canceling a lesson.
The Executor (Teacher) must be available for communication with the Company during their working hours every day (by default from 10:00 to 19:00 (UTC+2 winter time / UTC+3 summer time) in the Slack messenger.
The Executor (Teacher) shall treat the Company with respect. All disputes shall be resolved in a professional manner to find a compromise.
The Executor (Teacher) is obliged to click the "Student is not in class" button if he/she does not see the User in class within the first 5 minutes from the start of the lesson.
If there are any problems during the lesson, the Executor (Teacher) must immediately call the Company's technical support.

In case of failure of the Executor (Teacher) to fulfill its obligations under this Offer, the Company may apply the following system of fines for each established fact of such violation, namely:

Fine System

Payment for lessons is contingent upon full and timely completion, with the Executor (Teacher) required to provide comments within 24 hours from the start of the lesson.

Reason	Fine Violation	for Each		Comment
Missing (Teacher)	Comment from the Executor	Lesson	Not Paid	Lesson comments must be completed within 24 hours of the lesson start. Timely completion of comments enables the Customer/User to do homework, and parents can monitor progress.
Being late to class			Lesson Paid	The Executor (Teacher) may be 1-5 minutes late but will continue the lesson for the full scheduled duration.
		Lesson	Not Paid	The Executor (Teacher) was 1-5 minutes late but did not extend the lesson to cover the duration of the delay.
		Lesson	Not Paid	The Executor (Teacher) was 5-10 minutes late but dedicated the remaining time to teaching.
			150 UAH	The Executor (Teacher) was late by 5-10 minutes and did not conduct the lesson (the Customer/User did not wait for the Teacher and left). In this case, a significant delay is treated as equivalent to a failure to attend the lesson; the Customer/User receives 1 free lesson as compensation.
No-Show for the Lesson
Same-Day Cancellation of a Lesson			150 UAH	The Executor (Teacher) is 10+ minutes late. The lesson is automatically considered not to have taken place; a significant delay is treated as equivalent to a no-show; the Customer/User receives 1 free lesson as compensation.
			150 UAH	If the Executor (Teacher) fails to attend the lesson without notice, the Customer/User receives 1 free lesson as compensation.
			75 UAH	The support service of the Executor (Teacher) operates until 21:00. If you notify about the lesson cancellation at 21:00 or later on the day before the lesson, the cancellation will be treated as a same-day cancellation.
The "Student did not appear" button was not clicked		Lesson	Not Paid	When the Executor (Teacher) presses the "student did not come to class" button, the Customer/User receives an automatic call reminding them that the teacher is waiting for them in the classroom. After pressing the button, the Teacher must wait in the classroom for the entire lesson. If the Customer/User still does not show up, the lesson will be fully paid for. If the Executor (Teacher) does not press the button, the lesson will not be paid for.
The "Technical Issues in the Lesson" button was not clicked		Lesson	Not Paid	When the Executor (Teacher) presses the "student did not come to class" button, the Customer/User receives an automatic call reminding them that the teacher is waiting for them in the classroom. After pressing the button, the Teacher must wait in the classroom for the entire lesson. If the Customer/User still does not show up, the lesson will be fully paid for. If the Executor (Teacher) does not press the button, the lesson will not be paid for.
Communication with the Student Outside of School			Termination of Cooperation	Communication with Customers/Users and their parents outside the lesson is prohibited. If the Executor (Teacher) needs clarification or has questions, they can contact the managers. In the event of confirmed communication between the Executor (Teacher) and the Customer/User outside the school, the school reserves the right to immediately terminate cooperation with the Executor (Teacher).
Failure to Provide a Medical Certificate				A medical certificate is confirmation of a valid reason for canceling lessons. If the Teacher cannot provide a medical certificate, the lessons for which they were absent will not be paid.
Notification of inability to post on the Platform in less than 14 calendar days			Non-payment for Absence on a Lesson	Managers need time to notify all Customers/Users and find a suitable replacement for them.
Failure to comply with school rules			75 UAH	The Company reserves the right to fine the Executor (Teacher) for non-compliance with the rules and requirements for the procedure for conducting lessons set out in Section 8 of this Offer if the student's parents demand compensation for this lesson.

Important! If the lesson cancellation/no-show was due to a valid reason, we are always ready to meet the teacher halfway and rectify the situation. The teacher can file an appeal if they do not agree with the fine. To do this, you need to fill out a Google form: https://docs.google.com/forms/d/1Jq2XcS8HtVzxoKgoL4yWYPEeo9jl29xGe0bg Tyc6fX8/edit

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

RESPONSIBILITY OF THE PARTIES
1. The Parties shall be liable in accordance with this Agreement, the Privacy Policy, as well as in cases and to the extent established by the current legislation of Ukraine and international law.
2. A Party shall be deemed innocent and shall not be liable for a breach of the Agreement if it proves that it has taken all measures within its power to properly perform this Agreement.
3. In the event of a violation of the Company's intellectual property rights by the User, the User shall pay the Company, upon its request, compensation in the amount of UAH 1000 (one thousand). The Parties agree that this provision of the Agreement is intended to protect the Company's intellectual property rights and ensure fair compensation for the Company in case of a violation of its intellectual property rights by the User. The User agrees that such compensation will be fair.
4. If the User fails to fulfill the obligation stipulated in clause 7.1.8 of the Agreement, and if the Company discovers the fact of third-party access to the course content, the User shall, at the Company's request, pay a fine in the amount of the UAH equivalent of USD 1000 (one thousand) for each case of unauthorized access to third parties.
5. The Company shall not be liable for the consequences of the User's use of the information received under the terms of this Agreement, nor for its compliance with the User's expectations.
6. The Company is not responsible and does not provide guarantees for the actual application by the User of the acquired knowledge and skills obtained as a result of using the Company's services. The correct application of the acquired knowledge and skills is the sole responsibility of the User.
7. The Company is not responsible for:
  1. Delays or failures in the provision of services resulting from force majeure, as well as any failure in telecommunication, computer, electrical, and other related systems.
  2. Issues related to transfer systems, banks, payment services (systems), and delays associated with their operation.
  3. The proper functioning of the Website in the absence of the necessary technical means on the User's part. The Company is not obligated to provide Users with such means.
  4. Any losses incurred by the User (including, but not limited to, direct or indirect losses, material losses, or moral damage, other negative consequences of a property or other nature) in case of amendment or termination of this Agreement or termination of the use of the services.
  5. In the event that the User does not receive the services or perceives their provision as improper, the Company shall not make any compensation or reimbursement in any form in favor of the User.
  6. The consequences of the User's actions performed using the technical capabilities of the Website and/or Mobile application.
  7. Loss by the User of the login and/or password required to access the Account on the Website (regardless of whether such loss occurred due to negligence or illegal actions of third parties) and/or Mobile application. Any actions performed using the technical capabilities of the Website and/or Mobile application using the login and password generated and used by the User to identify him/her on the Website and/or Mobile application and authorize the Account shall be considered the actions of such User.
  8. Violation of the rights and legitimate interests of third parties that occurred as a result of the User's actions, including through the dissemination of any information by the User using the technical capabilities of the Website and/or Mobile application.
  9. Failure of the User to achieve the desired end result, which he/she expected to receive as a result of using the services, and compliance of the services with the User's expectations.
  10. Error-free and uninterrupted operation of the Website and/or Mobile application, termination of the User's access to the Website and/or Mobile application if it was due to technical problems in the functioning of hardware or software.
  11. Negligence of the User's attitude to security measures and protection of their personal, payment, or other data.
  12. The impossibility to fulfill the obligations assumed due to inaccuracy, insufficiency, and untimely provision of information by the User or violation of the terms of this Agreement by the User.
8. The User is solely responsible for:
  1. Providing information on the means of communication with him/her (email address, phone number, etc.), as well as the risks associated with the possible consequences of using an incorrect email address/incorrect phone number.
  2. Reliability, relevance, and completeness of the information provided.
  3. In other cases stipulated by this Agreement, the current legislation of Ukraine, and international law.
9. The Company shall be liable only in case of fault in its actions and only within the amount of money paid by the User.
10. The Parties acknowledge that they may be held liable for a breach of confidentiality in accordance with the applicable laws of Ukraine.
FORCE MAJEURE CIRCUMSTANCES
1. The Parties shall be released from liability for the breach of obligations under this Agreement if such breach is the result of force majeure or accident, provided that the Party in breach of obligations proves the existence of such circumstances.
2. In this Agreement, force majeure shall mean any extraordinary events of an external nature to the Parties that arise without the fault of the Parties, beyond their will, or contrary to the will or desire of the Parties, and which cannot, subject to the use of ordinary measures, be foreseen and cannot be prevented (avoided) with all care and diligence. This includes, but is not limited to, natural disasters (earthquakes, occupation, fires, storms, accumulation of snow or ice, floods, hurricanes, lightning, etc.), disasters of biological, technological, and anthropogenic origin (explosions, failure of machinery and equipment, epidemics, pandemics, epizootics, etc.).
3. For the purposes of this Agreement, any adverse circumstances of public life (declared and undeclared war, revolution, rebellion, insurrection, military action, blockade, civil unrest, terrorism, strikes, boycotts, etc.), as well as the issuance of prohibiting or restrictive acts of state or local authorities, and other actions (including illegal ones) of the said authorities that make it impossible for the Parties to perform this Agreement or temporarily impede such performance shall be deemed an event.
4. In the event of a force majeure event or incident, the deadline for the performance of obligations shall be postponed for the duration of such event or incident and its consequences, and the Party affected by such event or incident shall be released from liability for the failure to perform obligations for the duration of such event or incident and its consequences.
5. The Party unable to fulfill its obligations under the Agreement due to force majeure or accident shall immediately, but not later than five (5) business days from the date of occurrence of such circumstances, notify the other Party in writing. A document from the Ukrainian Chamber of Commerce and Industry or an authorized state authority shall be submitted to confirm the force majeure circumstances not later than 30 (thirty) calendar days from the date of occurrence of such circumstances. Failure to comply with at least one of these conditions shall deprive the Party of the right to refer to force majeure or accident as a ground for default.
6. If the force majeure circumstances/their consequences or incident continue for more than 60 (sixty) calendar days, either Party shall have the right to terminate the Agreement upon written notice to the other Party not less than 30 (thirty) calendar days before the date of termination.
7. In this Agreement, a force majeure event shall be deemed to be a special event or circumstance that simultaneously meets the totality of the following criteria: (a) the event or circumstance is beyond the control of either Party;
  (b) such event or circumstance could not reasonably have been foreseen by the Party relying on it before entering into the Agreement; (c) upon the occurrence of such event or circumstance, the Party relying on it cannot avoid or overcome it; (d) such event or circumstance did not exist as of the date of signing the Agreement.
8. The failure of the Party invoking force majeure to comply with its obligations, lack of necessary funds, currency fluctuations shall not be considered a force majeure event.
9. A Party may not invoke force majeure circumstances as a ground for exemption from fulfilling its obligations if, although the force majeure circumstances have arisen and objectively exist, they do not prevent the Party from fulfilling its obligations. The burden of proving the impossibility of fulfilling the obligations under this Agreement due to force majeure shall be borne by the Party referring to such circumstances.
PROTECTION OF PERSONAL DATA (PRIVACY POLICY)
1. The Company collects and uses personal information of Users in accordance with the Privacy Policy.
THE TERM OF THE AGREEMENT AND ITS TERMINATION
1. This Agreement shall enter into force for each individual Customer/User/Teacher at the moment of conclusive actions by such User and shall remain in force until the Parties have finally fulfilled their obligations under the Agreement.
2. The Agreement may be terminated in the event of:
  1. Full performance by the Parties of their obligations under this Agreement;
  2. Termination of relations with the User due to the violation of the terms of this Agreement;
  3. At the initiative of one of the Parties (the Parties shall have the right to terminate the Agreement by notifying the other Party in writing at least thirty (30) calendar days prior to the desired date of termination)
  4. In other cases provided for by the laws of Ukraine and this Agreement.
3. The Company may unilaterally terminate this Agreement and, as a result, block access to the services in case of the detection of public distribution of materials or information obtained in the course of providing services and/or transfer of access to the services to third parties who are not a Party to the Agreement. Violations may be recorded by screenshots, software tools, or facts of access to the Account of third parties or any other reasonable means.
4. In the event of termination/termination of the Agreement, including the User's request, the Company shall delete all Account data without the possibility of recovery. The moment of termination of this Agreement is the deletion of the User's Account.
5. The termination moment of the Offer is either when it is withdrawn by the Company through any means or when the website and/or Mobile application ceases to function completely.
6. The User has the right to decline this Agreement or initiate its termination by notifying the Company in writing.
7. In case of service cancellation by the Customer/User/Executor (Teacher), the Company shall refund the Customer the funds equivalent to the cost of the services paid for but not provided, as per the terms of this Agreement, within 30 (thirty) business days from the date of the Company's receipt of the refund request.
8. The termination of this Agreement does not exempt the Parties from liability for any violations that occurred during the term of this Agreement.
DISPUTE RESOLUTION PROCEDURE
1. Any disputes that may arise concerning this Agreement or its execution shall be resolved through negotiations by the Parties. The resolution process commences only upon the written application of one of the Parties, sent via postal or electronic means. Pre-trial settlement of disputes is mandatory for the Parties.
2. If the Parties are unable to reach an agreement on the disputed issues through negotiations, such matters shall be settled in court in accordance with the current legislation of Ukraine.
INTELLECTUAL PROPERTY
1. The subject of intellectual property includes all materials posted on the Website and/or Mobile application and materials of classes, open lessons, webinars, trainings, in the form of speeches, lectures, speeches; audio and video lessons (classes), recordings of online broadcasts in the form of audiovisual works, phonograms and videograms, photographic works, images, design elements, graphic images, illustrations, text, articles, information, training, and any other materials (in written or electronic form), presentations, results of completed tasks, as well as any other copyrighted works, inventions, utility models, designs, trademarks, logos, know-how, and other intellectual property rights provided for by the current legislation of Ukraine.
2. The Company is the sole owner of all intellectual property rights related to the services, the Website and/or Mobile application, its content (including messages, images, designs, logos, videos, sound recordings, texts, data, and graphics), and the software and databases that support their operation. The Company also utilizes Intellectual Property Rights that may belong to other entities based on a relevant license, contract, or other legal basis.
3. If, at any time during the receipt of services or the fulfillment of obligations under this Agreement, the User creates any Intellectual Property, then by entering into this Agreement, they confirm that from the moment of creation, they transfer to the Company all intellectual property rights as provided in clause 14.7. of the Agreement, to such Intellectual Property. The Company may freely use, alienate, or transfer them to any third parties at its discretion from the moment of creation of the Intellectual Property by the User in the course of fulfilling obligations under the Agreement, unless otherwise provided by the current legislation of Ukraine.
4. Without the written consent of the Company, the User may not transfer access to the received training records, educational, informational, and other materials, or any other Intellectual Property provided by the Company to the User or created by the User (independently or in co-authorship with other persons) to fulfill the terms of this Agreement. The User is also prohibited from transferring the Intellectual Property and property rights to this Intellectual Property, as outlined in Clause 14.7 of the Agreement, to third parties, publishing, publicly reproducing in any way and in any form, repeating, copying, and using for commercial purposes, except for the fulfillment of the terms of this Agreement. The User is entitled to use the Intellectual Property solely for the purpose of fulfilling the terms of this Agreement.
5. The Company grants Users a non-exclusive, personal, and non-transferable right to use the Website in accordance with the purposes of the Website and/or Mobile application and the terms of this Agreement.
6. Any other use or exploitation of the Website and/or Mobile application, its content without the prior written permission of the Company is prohibited, including but not limited to:
  1. Reproducing, modifying, adapting, distributing, publicly presenting, and distributing the Website and/or Mobile application, services, and content, except as expressly permitted by the Company;
  2. Decompiling and reverse engineering the Website and/or Mobile application or service;
  3. Removal or attempt to remove (particularly using data-extracting programs/robots or other similar data collection tools) a significant part of the Service data.
7. Property rights of intellectual property
  1. The User shall transfer all intellectual property rights to the Intellectual Property Objects to the Company from the moment the User creates such Intellectual Property Objects in the course of receiving services and fulfilling obligations under the Agreement. If the current legislation establishes requirements for certain (additional) mandatory actions to transfer property rights to the Intellectual Property, the property rights shall be transferred to the Company from the moment of such actions, and the User undertakes to take all necessary actions to ensure the transfer of property rights to the Company, including, but not limited to: signing a separate agreement with the Company on the transfer of intellectual property rights, facilitating the state registration of such agreement, if required by the Company or the current legislation.
  2. Intellectual property rights under this Agreement shall include, in particular, but not be limited to:
    1. The right to use intellectual property;
    2. The exclusive right to allow third parties to use intellectual property and any derivative works created on their basis;
    3. The exclusive right to prevent and/or prohibit the unlawful use of intellectual property by third parties;
    4. The right to distribute the Intellectual Property by first sale, alienation in any other way, including lease, hire, or other transfer of copies of the Intellectual Property prior to the first sale;
    5. The right to provide access to the Intellectual Property Objects reproduced in any material form to an unlimited number of persons, including by providing network access, including the Internet and other means;
    6. The right to modify, translate, adapt and otherwise create derivative works based on or using intellectual property;
    7. The right to improve, process, use in parts and in any other way modify the Intellectual Property created by the User or with his participation in the course of fulfilling obligations under this Agreement without prior consent;
    8. The right to copy, produce, distribute, sell, lease, transfer, assign, grant licenses and sublicenses for the Intellectual Property;
    9. The right to file applications for registration of copyrights, inventions, utility models, industrial designs, trademarks and other types of intellectual property in Ukraine and worldwide based on intellectual property;
    10. The right to import and export intellectual property;
    11. The right to keep any information related to the Intellectual Property Objects confidential;
    12. The right to advertise the Intellectual Property in any form, by any means, via the Internet, radio, television, print, and other media, and in any other way;
    13. Any other intellectual property rights that may be provided for by applicable law depending on the type of Intellectual Property.
  3. All intellectual property rights referred to in clause 14.7.2 hereof shall be transferred to the Company for the entire territory of such rights (the territory of all countries of the world, unless otherwise provided by the title documents to the Intellectual Property or the current legislation of Ukraine) without limitation and for the entire term of validity of such rights.
  4. The User shall do everything necessary that may be required or desirable to obtain appropriate forms of protection for intellectual property objects and grant all rights to the Company to such objects. The User shall transfer to the Company all property rights to the Intellectual Property created by him/her in the course of receiving services and fulfilling obligations under this Agreement.
  5. All rights and obligations under this section shall remain in full force and effect after the termination of this Agreement until the expiry of the Company's property rights to the Intellectual Property created by the User in the course of receiving services and fulfilling obligations under this Agreement.
8. Personal non-property intellectual property rights
  1. Personal non-property intellectual property rights to the Intellectual Property belong to the User to the extent determined by the legislation of Ukraine.
  2. The User grants the Company the right to modify, process, adapt, use in parts, and otherwise change the Intellectual Property without prior agreement with the User. The User agrees that such changes shall not be considered a violation of his/her exclusive non-property right to the integrity of the Intellectual Property Objects.
  3. The User who has gained access to any intellectual property of the Company, as well as to other intellectual property owned, used, and disposed of by the Company, shall not violate such rights, and shall prevent possible violations of such rights by any means.
OTHER TERMS AND CONDITIONS
1. The Agreement may be amended and/or supplemented by the Company unilaterally at any time without prior and/or subsequent notice to the User. Changes to the Agreement will be published with the date of the last update. The User shall be deemed to have been notified of the amendments and/or additions made to the Agreement from the moment such amendments are published on the Website at https://justschool.me/uk/privacy and/or https://justsmart.com.ua/uk and/or Mobile application.
2. Changes or additions made by the Company to the Agreement shall not apply to the User who, at the time of making changes, has already paid for the services under the previous version of the Agreement, unless these changes are due to changes in legislation or other regulatory legal acts. If, after making changes and/or additions, the User makes payment for new/other services, it is considered that he/she has accepted such changes and/or additions.
3. The Parties confirm that if any provision of this Agreement becomes or is declared invalid due to non-compliance with the law, such provision shall not entail invalidation of any other provision of this Agreement or the Agreement as a whole. In this case, the Company shall take measures to amend the Agreement as soon as possible to the extent necessary to replace the invalid provision so that the amended provision is legal and in essence preserves the original intentions of the Parties as much as possible.
4. Documents and information sent by electronic correspondence by one Party shall be deemed received by the other Party on the day they are sent, and the time limits that depend on the time of receipt of the document by the Party shall be calculated from the next day.
5. The following e-mail addresses are considered to be contact e-mail addresses on the part of the User: the address specified by him during registration (or another e-mail address that he will provide to the Company in the course of cooperation) on the part of the Company: support@justschool.me / support@justsmart.com.ua. Letters sent from these e-mail addresses are considered to be sent by the authorized representatives of the parties and may be used as evidence in negotiations and/or court proceedings.
6. The Website and/or Mobile application may contain links to other Websites and/or Mobile applications. These Websites and/or Mobile applications are not under the control of the Company, and the Company is not responsible for the content of these Websites and/or Mobile applications and the content of Websites and/or Mobile applications linked to these Websites and/or Mobile applications. Links to other Websites and/or Mobile applications that may be included in the Website and/or Mobile application are provided only for the convenience of Users and do not imply the Company's endorsement of the content of such Websites and/or Mobile applications.
7. The User shall not be entitled to assign all or part of its rights under this Agreement to third parties without the prior written consent of the Company.
8. The Company may, without any reservations/warnings and at any time, transfer or assign its rights and obligations under this Agreement in whole or in part to third parties of its own choosing.
9. This Agreement, the Privacy Policy, as well as any other policies, rules, agreements, terms and conditions, and notices of the Company that are related to and may arise under the terms of this Agreement, are available on the Website and/or Mobile application and may be sent in electronic messages and constitute the entire agreement between the User and the Company.
LOCATION AND BANK DETAILS OF THE COMPANY

INDIVIDUAL ENTREPRENEUR: Furmanenko Ihor Ruslanovych
Address: 01054, Kyiv city, Turgenevska street, building 46/11, apartment 29 RNOKPP/EDRPOU: 3369314596

Edition of 22 January 2024.