OFFER AGREEMENT FOR PROVIDING ACCESS TO INFORMATION SERVICES OF THE WEBSITE/MOBILE APPLICATION "MyKids"

This document is an offer LLC Stamixi (Georgia) (hereinafter referred to as the Contractor) to enter into an Agreement for the provision of Services for providing access to information services of the website/mobile application "MyKids" on the terms and conditions set forth below. This Agreement is a public offer, the acceptance of the terms (acceptance) of which is the performance of actions provided for in the Agreement.

TERMS AND DEFINITIONS

Offer - the text of this document with all appendices, amendments and additions to it, posted on the Website/Mobile Application of the Contractor and available on the Internet at: https://mykids.site

Agreement - an agreement for the provision of paid Services, together with all Mandatory documents related thereto, which is concluded and executed by the Parties in the manner prescribed by this Offer.

Acceptance - full and unconditional acceptance of the offer by performing the actions specified in paragraph 2.1 of the Agreement.

Contractor – LLC Stamixi, Georgia.

Copyright holder of the Website/Mobile Application - LLC "Stamixi" (IN 400364306, Georgia).

User - a legally capable individual on the territory of the Russian Federation, intending to use, using or having used the functionality of the Website/Mobile Application of the Contractor.

Content – information on recommendations for joint activities for parents with children including all designs, technical graphics, photographs, drawings, illustrations, software, works of art, videos, music, sounds, names, words, titles, phrases, logos, signs and other objects posted on the Contractor's website/mobile application.

Service – a software interface for interaction between the User and the computer program of the Contractor's website/mobile application, allowing the User to independently recognize and calculate specifications, submit requests for their examination, generate requests for receiving invoices for payment of goods/services of Suppliers registered in the database of the Contractor's website/mobile application, and also allowing the User to independently perform other actions stipulated by the User Agreement and information posted in the User's personal account.

Order – the User performing the actions listed on the relevant page of the Website or his Personal Account, necessary to gain access to the paid services of the Contractor's Website/Mobile Application, including the selection of the terms of provision of these services in accordance with the tariffs.

The Contractor's website is a set of interconnected texts, graphic elements, photo and video materials, computer programs, including cross-platform client-server applications, software modules, databases, web pages, cross-modular components and other elements, algorithmically combined by thematic, technical and functional features and intended to communicate information to the public, obtain information, exchange and implement other functionality on the Internet by accessing domains or subdomains: https://mykids.site

The Contractor's mobile application is a set of interconnected texts, graphic elements, photo and video materials, computer programs, including cross-platform client-server applications, software modules, databases, cross-modular components and other elements, algorithmically combined by thematic, technical and functional features into a single software package under the search name "MyKids", intended for installation and use on a tablet, mobile phone, communicator, smartphone or other device.

User's Personal Account - a personal section of the Site/Mobile Application, to which the User gains access after registration and/or authorization on the Site. The Personal Account is intended for storing the User's personal information, viewing the current status of the account, receiving notifications, and performing other actions within the functionality of the Service.

Registration - a set of actions by the User in accordance with the instructions specified on the Contractor's website, including the provision of account data and other information performed by the User using a special form of the user interface of the Contractor's website in order to create a personal account and gain access to individual services of the site.

Account data - a unique login (e-mail address) and password created independently by the User during the registration of the personal account or changed later and used to access the User's personal account.

1. SUBJECT OF THE AGREEMENT

1.1. In accordance with the Agreement, the Contractor undertakes to provide the User with services for providing access to the information services of the site/mobile application of Contractor, and the User undertakes to comply with the user agreement and other rules for using the services of the Contractor's website/mobile application, as well as pay for additional services when using paid services of the Contractor's website/mobile application in accordance with the rates posted in the User's personal account and approved in paragraph 1.3. of the Agreement.

1.2. Access to information services is provided after acceptance, in the manner prescribed by paragraph 2.1 of the Agreement.

1.3. As part of providing access to information services, the User has the right to use all services of the Contractor's website/mobile application for the time paid for at the subscription rates: 1 month – 3 $, 6 months – 15 $ (2,5 $/month), 12 months – 24 $ rubles (2 $/month).

2. PROCEDURE FOR CONCLUDING AN AGREEMENT

2.1. Acceptance of the Agreement is the User's registration of a personal account on the Contractor's website at https://mykids.site and consent to the use of payment services specified in the User's personal account.

2.2. By accepting the Agreement in the manner specified in paragraph 2.1 of the Agreement, the User guarantees that he/she has read, agrees, and fully and unconditionally accepts all the terms of the Agreement.

2.3. The User understands that acceptance of the Agreement is equivalent to concluding the Agreement on the terms set forth in the Agreement.

2.4. The offer comes into force from the moment it is posted on the Internet at https://mykids.site and is valid until the offer is revoked.

3. RIGHTS AND RESPONSIBILITIES OF THE PARTIES

3.1. The User undertakes to:

  1. Make payments for services in the manner, amount and terms, in accordance with this Agreement and the rates posted in the relevant section in the User's personal account.
  2. Do not transfer access rights to information services to third parties or use them in any other way that could lead to damage to the interests of the Contractor.
  3. Do not take any actions that may lead to interruptions in the functioning of the Contractor's website, including actions that are associated with an increased load on the site.
  4. Do not use any devices or computer programs to interfere or attempt to interfere with the normal functioning of the Contractor's website.
  5. At the request of the Contractor, provide the latter with information and documents necessary for identifying the User, including when the User sends applications, notifications, etc. to the Contractor.
  6. Comply with the requirements of the legislation of the Russian Federation and other regulatory acts of the Russian Federation, as well as the provisions of the User Agreement posted on the website https://mykids.site and the terms of the Agreement.
  7. Independently monitor all changes in the terms of the Agreement and the User Agreement by familiarizing themselves with their content.

3.2. The Contractor undertakes to:

  1. Provide the User with access to information services by providing access to the User's personal account and other secure pages of the Contractor's website/mobile application.
  2. Use all personal data and other confidential information about the User only to fulfill their obligations under the Agreement, do not transfer or show to third parties the documentation and information about the User in their possession.
  3. Take all necessary measures to protect the personal data of the User known to the Contractor.
  4. Provide technical support for the Contractor's website, domain name, database, and other functional capabilities of the website provided to the User.

3.3. The User has the right to:

  1. After receiving access rights to information services, use them in the amount and manner established in the Agreement.
  2. Require the Contractor to properly fulfill the Agreement.
  3. Contact the Contractor on all issues related to the execution of the Agreement.

3.4. The Contractor has the right to:

  1. Enter, edit, or delete any information from the Contractor's website.
  2. Suspend the operation of the website for preventive maintenance as necessary.
  3. At any time, unilaterally (out of court) make additions and changes to the terms of the Agreement. Using the Contractor's website after the entry into force of additions and (or) changes to the Agreement means the User's consent to all additions and (or) changes.
  4. Receive from the User any information necessary to fulfill its obligations under the Agreement. In the event of failure to provide or incomplete or incorrect provision of information by the User, the Contractor has the right to suspend or terminate the User's access to information services.
  5. Suspend or terminate the User's registration and access to the personal account if the Contractor reasonably believes that the User is engaged in illegal activities, violates the terms of the Agreement or the User Agreement.

4. PROCEDURE FOR PROVIDING ACCESS TO SERVICES

4.1. Procedure for personal registration of the User account is established by the User Agreement.

4.2. Access to information services is opened in the User's personal account, which is accessed by entering the User's account data.

5. COST AND PAYMENT PROCEDURE

5.1. The User's access to the Contractor's website/mobile application is free of charge, with the exception of access to paid services of the Contractor's website/mobile application, access to which is provided in accordance with the tariffs in paragraph 1.3. of this Agreement.

5.2. The Contractor's remuneration for the service is determined in accordance with the tariffs posted in the User's personal account; VAT is not subject to taxation due to the Contractor's use of a simplified taxation system.

5.3. Payment for services under the Agreement is made in the order of 100 (one hundred) percent prepayment by debiting funds at the User's command from his card at the selected service tariff specified in paragraph 1.3. of this Agreement.

5.4. Subscription payment is made via bank card or via the Fast Payment System (FPS).

5.5. Subscription is issued with the condition of automatic renewal for a similar period.

5.6. The User has the right to cancel the subscription renewal at any time.

5.7. Subscription is available only to individuals located in the territory of the Russian Federation.

5.8. The User's obligations in terms of payment are considered fulfilled at the moment of crediting funds to the Contractor's bank account, at the moment of receipt of verified information from the relevant payment system about the receipt of payment.

5.6. The choice of payment method is made by the User at his own discretion.

5.7. As part of the promotional events (promotions), discounts on payments (bonuses), prizes, etc. may be provided. The implementation of such promotional events (promotions) and the terms of providing discounts (bonuses) and/or prizes are regulated by special rules published on the Contractor's website.

5.8. The Contractor has the right to unilaterally and without notifying the User about it change the cost of additional services/paid services of the Contractor's website/mobile application.

5.9. The User pays for the services (paid services) of the Contractor's website/mobile application at the rates valid at the time of payment, posted in the User's personal account.

5.10. The User has no right to demand a refund of the funds transferred to the User's personal account on the Contractor's website/mobile application, since replenishment of the personal account actually represents an advance payment for services consisting in providing the User with access to the paid services of the Contractor's website/mobile application, which the User may or may not use at his/her discretion.

6. PERSONAL DATA PROCESSING AND CONFIDENTIALITY

6.1. In order to fulfill the terms of the Agreement, the User agrees to provide and gives consent to the processing of personal data in accordance with the Terms of Personal Data Processing posted in the relevant section of the Contractor's website/mobile application, as well as on the terms and for the purposes of fulfilling the terms of the Agreement.

6.2. The Contractor guarantees confidentiality with respect to the User's personal data and provides access to personal data:

  1. To the Contractor's employees who need this information to fulfill the terms of the Agreement, ensuring that the said persons maintain the confidentiality of personal data and the security of personal data during their processing.
  2. To other persons, in accordance with the legislation of the Russian Federation.

7. LIABILITY OF THE PARTIES

7.1. The Parties shall be liable for failure to perform or improper performance of their obligations under the Agreement in accordance with the Agreement and the legislation of Russia.

7.2. The Contractor shall not be liable and shall not be responsible for any possible damages caused to the User in the event of:

  1. Technological malfunctions of public communication channels through which access to the Contractor's website is provided or loss of access to the Internet;
  2. Errors, omissions, interruptions in work, deletion of files, defects, delays in work or data transfer and other technological reasons that arose through no fault of the Contractor;
  3. Unauthorized access to the User's personal account.

7.3. The User shall be solely responsible for the safety of data and compliance of the content of materials posted by him on the Contractor's website with the requirements of the current legislation, including liability to third parties.

7.4. Any information and (or) materials accessed by the User using the Contractor's website, the User uses at his own risk and is solely responsible for the possible consequences of using the specified information and (or) materials, including for damage caused to himself and third parties.

7.5. In the event of damages due to the fault of the Contractor, the Contractor shall be liable to the User in an amount not exceeding the cost of the services paid by the User for the relevant period.

7.6. The Contractor shall not be liable to the User for the content posted in the comments, but only provides access to the service, and we can accept the recommendations of Users registered on the database of the site/available applications of the Contractor.

7.7. The Contractor shall be released from liability for breach of the terms of the Agreement if such breach is caused by force majeure, including: actions of government authorities, fire, flood, earthquake, other elements of action, lack of electricity, strikes, civil unrest, clashes, technical failures and any other circumstances, not limited to those listed, that may arise during the performance of the Agreement by the Contractor.

8. PROCEDURE FOR TERMINATION OF THE CONTRACT AND DISPUTE RESOLUTION

8.1. The Agreement may be terminated by agreement of the Party, as well as unilaterally by written agreement of one of the Parties on the basis provided for in the Agreement and in accordance with the requirements.

8.2. In case of violation by the User of the terms of the Agreement, the User Agreement and the current legislation, the Contractor expects to unilaterally (out of court) suspend and check the User's access to the personal account and information services posted on the Contractor's website, or terminate the Agreement by blocking the User's access to the personal account with simultaneous periodic permanent access to information services, without using special services for this User.

8.3. The Contractor makes changes to the terms of the Agreement at any time unilaterally (out of court). Changes to the terms of the Agreement come into force from the moment of their posting in the manner established for posting an offer.

8.4. The Contractor makes at any time unilaterally from the execution of the Agreement, either in whole or in part, using this User through the Contractor's personal account, by e-mail address or in another way.

8.5. In case of termination of the Agreement, as well as refusal to perform the Agreement by either Party, the payment made for the service to the User is not returned and cannot be transferred to another service.

8.6. The claim procedure is mandatory. The dispute may be referred to the arbitration court for decision after taking a pre-trial settlement measure within 30 (thirty) calendar days from the date of receipt of another inspection permit.

8.7. The User's claims regarding the provision of services are accepted by the Contractor for consideration by e-mail specified in Section 9 of this Agreement, within 30 (working) days from the date of the dispute.

8.8. Claims for any function of the Contractor's website/mobile application service that do not meet the User's expectations are not accepted; services for providing access to information services are considered to be rendered in full if the Contractor fundamentally ensures the User's access to the Contractor's personal account of the Contractor's website/mobile application, except for cases where such access is impossible due to a force not determined by the Contractor.

8.9. All disputes and disagreements arising from the Agreement shall be transferred for safekeeping in accordance with the legislation of the Russian Federation in the courts as the Contractor is located.

8.10. The Contractor reserves the right to change or supplement any terms of this Agreement at any time, publishing all changes on its website.

8.11. For all issues not regulated by this Agreement, the parties shall be guided by the current legislation of the Russian Federation.

8.12. The recognition by the court of the invalidity of any provision of this Agreement for one User shall not entail the invalidity of the remaining provisions and the Agreement for other Users.

8.13. All offers, headings, texts, illustrations and/or reviews on the Contractor's website/mobile application are not an independent offer, but are merely informational, advertising or approximate descriptions of the service and services, with the exception of tariffs and other information posted in the User's personal account.

DETAILS AND CONTACTS OF THE CONTRACTOR

Stamixi LLC

IN 400363306

Bank name: LLC "CREDO BANK"

Georgia, Gldani District, Gldani Massif, Micro/District III, Building 80, app. 4.

E-mail: info@mykids.site