Our contacts:

YSV DIGITAL LLC

52 Yamska St., apt. 21, Kyiv, 03150, Ukraine

Registration number 41541938

Tel./Fax in Ukraine: +38 044 272 09 38

email: [email protected]

Preamble and general statements

1.1. Before using the site and the program, read this Agreement and its rules;

1.2. Use of https://axsioma.com and other project sites (hereinafter referred to as the “Site”), as well as use of the Axsioma program (hereinafter referred to as “Application”) and products and services offered on the Site and in the Application (hereinafter referred to as “Services”), is governed by the terms of the legal agreement, namely this Public Offer (hereinafter referred to as “Agreement”) between you (User of the Site and Application) and us — the company “YSV DIGITAL” (hereinafter referred to as “Administration”).

1.3. For services provided on the territory of Ukraine, the company YSV DIGITAL means: LLC “YSV DIGITAL”, registration number 41541938, email: [email protected]/

1.4. According to Article 633 of the Civil Code of Ukraine, this document is a public contract (offer), and if you accept its terms, the user agrees to comply with the Terms of Service.

1.5. The User may be any able-bodied individual or business entity registered by the state in the legal manner.

1.6. By accessing and using the Services, you agree to these Terms of Agreement, which enter into an Agreement between you and the Administration. If you do not agree to these Terms, you will not be able to access or use the Services. These Terms completely replace previous agreements or arrangements between users and the Administration. The Administration may immediately terminate these Agreement or any Services, terminate the Services altogether, deprive access to the Services or any portion at any time and for any reason.

1.7. The Administration may change the Terms relating to the Services provided. The changes come into force after the publication by the Administration of updated Terms or Policies with amendments or additional conditions for the provision of relevant services. Permanent access to or use of the Services after such publication is evidence that you agree to the changed terms of use of the Services;

1.8. The Administration collects and uses personal information related to the Services provided in accordance with the YSV DIGITAL Privacy Policy, published at: https://axsioma.com/privacy/.

1.9. All communications, claims and any other correspondence exchanged between the Parties shall be made by means of emails, as well as in the form of notifications within the Site or the Application provided for by their functional features.

Definition

2.1. Axsioma (Application) is a program, both as a whole and its components, presented in an objective form by a set of data and commands, including source text, code, database, audiovisual works included by the Administration in the Application, as well as any documentation on its use.

2.2. Administration — a legal entity registered in accordance with the legislation of Ukraine: YSV DIGITAL LLC, legal address: 03150, Ukraine, Kyiv, st. Yamskaya, 52, apt. 21. registration number 41541938, e-mail: [email protected]

2.3. Client — an individual who has reached adulthood, downloaded and installed the Application and registered in accordance with the Terms of the Application Use .

2.4. Chat Owner — a client who created a chat or channel and set a fee for its usage, which will be displayed when the Users join the group.

2.5. User — a client who voluntarily joins a chat or channel created by the Owner and pays the cost of using the content of the chat or channel.

2.6. Chat is the exchange of real-time text, voice, and video messages between two or more Axsioma Users.

2.7. Channel — a community for two or more Users with the ability to limit the activity of members.

2.8. Timely limited chat / channel has a start / end date / time. Payment is charged once when the User joins the community.

2.9. Unlimited chat / channel has a start date / time, but no end date. The subscription fee is charged monthly on the date of payment for the connection to the chat / channel;

2.10. The Agreement is a document on the basis of which the Administration provides the Client with the Axsioma Application for its use on the terms published in the Public Offer. (https://axsioma.com/publichnaya-oferta/). According to Article 633 of the Civil Code of Ukraine, this document is a public contract (offer), and if you accept its terms, the user undertakes to comply with the Rules of Service.

2.11. Client’s Account — Privacy Policy Protected Collection of User Data in the Admin Database Repository, necessary to authenticate Clients and gain access to their personal data and settings.

2.12. User Content (or Content) is any content (text, video, images, reviews, reviews, comments, etc.) created by Clients.

2.13. Client Verification is the process of verifying the identity of the Axsioma Application Account holder.

2.14. Service Provider is a financial company that provides customer settlement services in the Axsioma Application through the services provided by this financial company and implemented by the API Administration.

2.15. API is a totality of the ways (a set of classes, procedures, functions, structures, or constants) that one computer program can interact with another program.

Terms of use

3.1. In order to be able to use the Services, the Client undertakes to accept the Terms of Use of the Application. Until the acceptance of the Terms of Use of the Services of the Administration is prohibited.

3.2. You can accept the Terms by:

(A) performing an action that indicates the acceptance of the Terms (by clicking on a button, checking the checkbox or similar action) in the mobile application; or

(B) the actual use of the Services. In this case, the Client agrees that the Administration will consider the fact of using the Services as acceptance of the Terms.

3.3. By using the mobile application / project site or services offered in the mobile application or on the website, the Client accepts all the specified Terms. If the Client does not agree with these General Terms and Conditions or Additional Terms published in the Public Offer, the Administration requests to stop using the Services.

Agreement Scopes

4.1. The subject of the Agreement is the Axsioma Application, which allows Clients to use all possible functional complexes of this Program to create paid chats / channels.

4.2. To use the Services the User must register and create an active Personal Account. The User can create an Account if He / She / They is at least 18 years old or have reached adulthood in native jurisdiction (if earlier). Registration implies the transfer of certain personal information to the Administration: full name, email address, cell phone number, payment details (credit / debit card details). When verifying an Account, the User also agrees to provide a passport or ID card photo in accordance with the rules set forth in the “Verification” section of the Axsioma Application. The User agrees to ensure the accuracy, completeness and timeliness of the Account information. Failure to ensure the accuracy, completeness and timeliness of the Account information, including a valid payment instrument, may result in termination of access to the Program or termination of this Agreement with you. You are responsible for all actions taken from your Account and agree not to disclose your username and password under any circumstances. You may not create multiple Accounts without the permission of the Administration.

4.3. Customers may not allow third parties to use their Account. It is prohibited to transfer the rights to the Account or otherwise transfer the Account to any other User. By using the Application, the Client agrees to comply with applicable law and use the Programs solely for lawful purposes. In some cases, the Administration may request an identity card details to provide access or to use the Services. In this case, the Client agrees that He / She / They may lose full / partial access to the functionality of the Program or the opportunity to use it if refuses to provide all of the above of this Agreement.

4.4. Customer agrees not to provide defamatory, hateful, violent, obscene, illegal or offensive Content, as determined by the Administration in its sole discretion, regardless of whether the law permits the distribution of such materials. The Administration may (but is not obligated to) review, control or delete the Content at its discretion at any time and for any reason without notifying the Owners. The Administration reserves the right to block chats / channels and Accounts in case of complaints about the chat / channel or the inappropriate Content contained in it.

4.5. The Client is solely responsible for access to the data network required to use the Program. When accessing or using the Program with the help of an additional device, a fee may be charged for the transfer of data at the rates of the mobile operator serving the Client. Access may be interrupted or delayed due to the operation of the Internet and electronic means of communication, for which the Administration is not responsible.

Payments and payouts

5.1. Paid services allow Clients to access chats / channels created by third parties and use their content in exchange for a one-time or periodic subscription fee. If the Client purchases a subscription to one chat / channel or more chats / channels, the Client will have access to any content available under such subscription without restrictions on use. Chat / channel Owners can make their own decisions about periodically updating the content they provide as a subscription.

5.2. The Administration withholds a fee of 10% of the cost of joining the chat / channel from the Owners for each User and from each subscription fee, if it is a chat / channel without a specified validity period. The collected funds are used to ensure the operation / maintenance of the services provided by the Administration for Clients, where part of the commission is the services of the Service Provider. The Administration is not responsible for failures and problems in the work of the Service Provider, which provides services that cause the loss of certain funds when making payments. The Administration may (but is not obliged to) assist in resolving the dispute between the Client and the Service Provider by first fact-checking the information received from both parties to the conflict. The Administration is also not responsible for failures and problems related to payment systems, payment cards and customer accounts, issuing banks that service customer cards / accounts.

5.3. In the relations between the Client and the Administration, the Administration reserves the right at any time at its discretion to determine and / or change the amount of commission received through the use of the Axsioma Application, having previously notified the Clients.

5.4. The Client can unsubscribe from the chat / channel at any time, but the payment for joining the chat / channel can be refunded only when the User applies to the Administration with a written reasons explanation within 3 days of implementation. payment by email [email protected] or contact technical support. Refunds can only be made if there is a proven fact of inappropriate, illegal or offensive actions made by the chat’s / channel’s Owner. The Administration must confirm getting the request for return by email sent to the Client’s specified during registration of the Account email address. If the confirmation is not received within 24 hours from the request sending moment, the Administration asks to contact the support service through the Application or by phone call (number is indicated on the website). With regard to the cancellation of the chat / channel subscription fee without a specified validity period, it may be canceled until the date of the next payment. It occurs the day before the date (meaning a numerical value) of joining a chat / channel. The Administration is not responsible and does not consider claims if the User does not comply with the requirements required for the request to return the action within the period specified in this paragraph.

5.5. Payment for subscriptions to chat’s / channel’s Owners is made after the Owner has performed consecutive actions in the “Payout” section of his profile and after the mandatory verification procedure. The Administration shall verify the documents specified in paragraph 4.2 within 5 working days from the moment of adding required documents to the “Verification” section of the Application and / or submitting for withdrawal. This procedure is performed once, as a result the Owner becomes a verified User. All subsequent payments are made within 3 working days after the request to withdraw funds without re-verification, except as provided by any law on the replacement / renewal of identity documents of the Client.

5.6. The Administration makes an automatic payment if the Owner deletes his Account by transferring the remaining amount to the current details specified in the Client’s Account. If the payment details are out of date or expired and the payment is rejected by the servicing bank, the Administration notifies the Client by email address specified in the Client’s Account. The Client must provide current details (the certified bank document with a wet stamp, which will indicate all current data confirming Client’s identity and bank details) within 5 working days after the notification from the Administration received. If the client does not provide new / relevant details within this period, the Administration considers the Deletion of the account and failure to respond to the termination of this Agreement and reserves the right to allocate the balance to the needs of the Administration and project’s development (Axsioma Application).

Rights and duties.

6.1. The Administration ensures the functioning and operability of the Program and undertakes to promptly restore them in case of technical failures and. The Administration is not responsible for temporary failures and interruptions in the work of the Program and the loss of information caused by them at a particular time of failure.

6.2. If errors are found, the Administration undertakes to take the necessary measures to correct them as soon as possible. The exact timing of specific errors correction can be determined based on the fact that the service works closely with other third-party programs, operating systems and hardware resources of customers’ computers, service providers, so the efficiency and troubleshooting time does not depend entirely on Administration.

Dispute resolution

7.1. Axsioma and its services, including all scripts, programs, content and design, are provided on an “as is” basis. The Administration does not guarantee that all functionalities will meet the expectations of the Client and can be used to achieve the specific goal. The Client confirms that He / She / They has previously read the necessary and sufficient volume of the service provided by the Administration, and confirms that He / She / They is interested in using the Axsioma Application. The Administration also disclaims any warranty that the Axsioma Program and its functionality or services may or may not be appropriate for the specific purposes of the Clients. The Administration cannot guarantee any specific results from the use of the Axsioma Application and its capabilities.

7.2. The Administration does not initiate or control the posting by the Owner of any information in the process of using the Axsioma Application, does not affect its content and integrity, and at the time of posting this information does not know and can not know whether it violates the rights and interests of protected third parties. legislation and international treaties.

7.3. The Client is directly responsible for the content that is created and maintained by the Client. The Administration does not exercise prior control over the content of information posted and / or distributed by the Client, however, if the placement and dissemination of such information contradicts the laws of Ukraine and other countries, the Administration has the right to block or delete the relevant Account and data without notifications.

7.4. Under no circumstances shall the Administration be liable to Clients or to any third parties for any indirect, incidental, unintentional damages, including actual damages, lost profits or lost data, damage to honor, dignity or goodwill arising in connection with using the Axsioma Application, content or other materials to which the Client or others have accessed through the Axsioma Application, even if the Client has warned or indicated the possibility of such damage.

7.5. The Administration shall not be liable to the Clients for any damage, any loss of income, profit, information or savings related to the use or inability to use the Axsioma Application, including in the event of prior notice by the Client of the possibility of such damage or on any claim.

7.6. The Administration shall not be liable for any damage to the Client’s computer, its mobile devices, any other hardware or software caused or associated with the download of the Program and / or the download of materials from the Axsioma Application or by following the links, posted in chats / channels of Axsioma Applications.

7.7. In the event of any disputes or disagreements related to the implementation of this Agreement, the Client and the Administration will make every effort to resolve them through negotiations. If disputes are not resolved through negotiations, they shall be resolved in the manner prescribed by the legislation of Ukraine at the location of the Administration.

7.8. The Administration has the right to unilaterally terminate this Agreement in case of violation by the Client of the terms of this Agreement regarding the use of the Program and its Services.

Amendment and termination of this Agreement

8.1. This Agreement is governed by and constructed in accordance with the laws of Ukraine. Issues that are not regulated by this Agreement shall be resolved in accordance with the legislation of Ukraine, unless another procedure for determining the applicable law is provided by the Agreement or international law norms.

8.2. This Agreement shall enter into force for the Client from the moment of its accession to it and shall be valid for an indefinite period. The Client’s accession to this Agreement is an action consisting in visiting, using the Program or the Services offered by the Administration.

8.3. This Agreement applies to all updates of the Program provided to the Client, unless the update of the Program does not offer to read and accept a new agreement or additions to this Agreement.

8.4. The Administration has the right to change the terms of this Agreement unilaterally by posting the amended text on the Internet at https://axsioma.com/publichnaya-oferta/.

8.5. If for some reason one or more provisions of this Agreement are declared invalid or have no legal force, it does not affect the validity or applicability of other provisions of this Agreement.

8.6. Upon termination of this Agreement by any party and for any reason, the Administration and the Client are obliged to terminate the Program’s usage completely.

Copyright

9.1. The program is the result of intellectual activity and the object of copyright of the Administration, which is regulated and protected by the legislation of Ukraine on intellectual property and international law.

9.2. The algorithms of the Program and its source codes (including their parts) are a commercial secret of the Administration. Any use of them or use of the Program in violation of the terms of this Agreement is considered a violation of the rights of the Administration and is a sufficient basis for deprivation of the rights granted under this Agreement.

9.3. This Agreement does not grant the Client the right to own the Program and its components, but only the right to use the Program and its components in accordance with the specified in this Agreement conditions.

9.4. This Agreement does not grant the Client any rights to use the trademarks and service marks of the Administration and / or its partners.

9.5. Under no circumstances shall the Client remove or make inconspicuous information and information about copyrights, trademark rights, service marks, patents specified in the Program.

9.6. Clients may not copy, distribute the Axsioma Application and its components in any form, including source code, terms of renting, free usage etc.

9.7. The Client may not use the Axsioma Application in any way that contradicts or violates this Agreement or the legislation of Ukraine and international law.

9.8. Liability for copyright infringement arises in accordance with the legislation of Ukraine and international law.

Confidentiality. Protection of personal data

10.1. We collect and use personal information related to the Services we provide in accordance with the Axsioma Privacy Policy, published at: https://axsioma.com/privacy/.

10.2. The Administration undertakes to take the necessary measures provided by the legislation of Ukraine and the international law to protect the Users’ personal data from unauthorized access or disclosure.