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PUBLIC OFFER

1. General provisions

1.1. This document is an open (public) offer ("Offer») A natural person - an entrepreneur Krotevich Vyacheslav Anatoliyovych ("Performer" or "Rapport"), addressed to an unspecified circle of persons, to enter into a contract for the provision of services on the terms set forth in this Offer.

1.2. According to Art. 633, 638 and 641 of the Civil Code of Ukraine, this Offer is a public contract and in the case of acceptance of the conditions set out in it (acceptance), a natural or legal person becomes a Customer under the contract for the provision of services and undertakes to fulfill the terms of this offer and its annexes ( if available), which are its integral parts. The contract for the provision of services is concluded by acceptance (acceptance) of the Offer by the Customer in the manner specified in clause 2.3 Offers.  

1.3. The offer comes into force from the moment it is posted on the Internet at the following link: https://rapport.com.ua/publichna-oferta/ and taking into account the indication of the date of its entry into force and is valid until the Offer is withdrawn by the Contractor.

1.4. The Contractor reserves the right to make changes to the terms of the Offer (including the price and conditions of the Contractor's services) and/or withdraw the Offer at any time at its discretion. In the event that the Contractor makes changes to the Offer, such changes shall take effect from the moment the changed text of the Offer is posted on the Internet at the address specified in clause 1.3. Offers, unless otherwise stated in such posting.

1.5. The following terms are used in the Offer:

Customer ("Specialist") is a specialist in the field of mental well-being who uses the Platform to organize and optimize his professional activity. 

Personal office is an individual section of the Platform where the Customer can manage their profile, view records and customer information, set up sessions, use tools to track progress, save informational materials and organize other aspects of their work. Access to the Personal account is provided through authorization data (login, password). 

Rapport platform ("Platform») is an online service for specialists in the field of mental well-being that provides convenient Services for their work with clients. The platform is available at the following link: https://rapport.com.ua.  

Customer profile is a specialized section of the Platform that contains professional information about the Specialist, which he fills out himself, as well as customer reviews about him. The profile serves to present the Specialist on the Platform and helps potential clients to assess his qualifications and experience. 

Services are Platform functions that help the Customer to organize and optimize his professional activities. 

Parties or Side — The Contractor (or "Rapport") and the Customer (or "Specialist") individually or together, depending on the context. 

Tariff plan– a detailed list of available Services, their characteristics and cost, which is determined by a certain package (quantity) of consultations available to the Customer for the relevant month.

2. The subject of the offer

2.1. In accordance with the procedure and under the conditions specified in this Offer, the Contractor provides the Customer with Services in the form of access to the Platform and its Services (hereinafter "Services»), according to the Tariff plan chosen by the Customer, and the Customer undertakes to accept and pay for the Services provided. 

2.2. The Contractor's services include, but are not limited to:

2.2.1 technical support of the Platform/Services (hosting, domain, site, site content, purchase and configuration of necessary services, online resources, etc.); 

2.2.2. setting up all technical interfaces and maintaining their functionality;

2.2.3. technical support of the Customer and his client in case of technical issues; 

2.2.4. providing opportunities for the Customer to use such Platform Services as: 

• adding the Customer's clients to the Platform;
• archiving and restoration of consultation history;
• a calendar for recording meetings with clients;
• video chat for online meetings;
• text chats; 
• structured organization of the Customer's materials;
• use of test methods for educational purposes;
• creating a profile with professional information and customer reviews.

2.3. The customer, logging in to the Personal account using his login and password, agrees to the terms set forth in this Offer and undertakes to comply with the terms of the Offer ("Acceptance of the offer"), as well as the terms of the "User Agreement" https://rapport.com.ua/uhoda-korystuvacha/, which is an integral part of the Offer. 

3. Rights and obligations of the Parties

3.1. Obligations of the Customer:

3.1.1. Pay the Contractor's Services on time and in full in accordance with the selected Tariff Plan.

3.1.2. Fully comply with and comply with the terms of the Offer and other agreements governing the use of Services, Services and the Platform.

3.1.3. Not to provide services of a medical or recreational nature and not to position yourself as a medical professional within the framework of using the Platform, as such services are strictly prohibited within the framework of its operation.

3.1.4. Do not violate the intellectual property rights of the Customer or third parties.

3.1.5. Do not use any derogatory, offensive or socially unacceptable statements, comments, words, images or gestures related to religion, race, sexual orientation, gender or other target groups while using the Platform. This also includes any activity that may violate personal rights (dignity, honor, privacy, bodily integrity) or be threatening, hateful, offensive, obscene, misleading or defamatory in nature.

3.1.6. Do not use the Platform to sell goods, services or distribute advertising materials. 

3.2. Duties of the Executor:

3.2.1. To provide Services to the Customer in a high-quality, timely and complete manner.

3.2.2. Warn the Customer about preventive and repair work that affects the availability of the Services used, by publishing such information on the Platform (including in the Customer's Personal account) and/or sending a corresponding warning to the Customer's e-mail address. 

3.2.3. Maintain the confidentiality of the Customer's data, as well as comply with other obligations regarding the protection of personal data of Platform users, in accordance with the "Privacy Policy", "User Agreement", this Offer and current legislation.

3.2.4. To timely inform the Customer about the change in the terms of the provision of Services by publishing such information on the Platform (including in the Customer's Personal account) and/or by sending it to the Customer's e-mail address.

3.3. Rights of the Customer:

3.3.1. Demand from the Contractor timely and high-quality provision of Services in accordance with the terms of this Offer.

3.3.2. Receive timely and complete information from the Contractor regarding the quality, cost, and procedure of providing the Services.

3.4. Rights of the Performer:

3.4.1. The Contractor has the right to change the terms of use of the Platform, provision of Services and Services. 

3.4.2. In case of non-payment of Services under the relevant Tariff plan for the next period after the end of the current paid period, the Contractor has the right to reduce the list of Services, automatically transferring the Customer to the "Free" tariff from the next day after the set payment date.

3.4.3. In case of violation by the Customer of the terms of the Offer and/or agreements governing the use of Services, Platform and Services ("User Agreement", "Privacy Policy", etc.) and/or violation of current legislation, the Contractor has the right (1) to suspend the provision of Services to the Customer by blocking access to the Personal Account, Platform and Services, or (2) immediately deactivate the Personal Account Customer and delete informational materials from it. The Contractor shall notify the Customer of the occurrence of the specified restrictions, indicating the reason and, if possible, the conditions for restoring access. In case of termination of the provision of Services for the reasons specified in this paragraph, the funds paid by the Customer under the Tariff Plan are not subject to return.

3.4.4. In case of suspension of the provision of Services to the Customer, he temporarily loses the opportunity to use the Services until the violations are eliminated. The Contractor sends the Customer a letter (can be in electronic form) with a list of violations that became the basis for the suspension, and a requirement to eliminate the specified deficiencies in order to restore access to the Services. In the period until violations are eliminated, the Customer's profile remains visible on the Platform, and the Customer retains access to his Personal Account. In case of non-correction of the violations specified in the Contractor's letter within 60 (sixty) calendar days from the moment of suspension of the Services, the Contractor has the right to deactivate the Personal account and delete the Customer's information materials stored in it.

3.4.5. In case of deactivation of the Personal account, the Customer completely loses access to it. The Contractor sends the Customer a letter (can be in electronic form) with a list of violations that became the basis for refusing to provide the Services further. The Customer has the right to send the Contractor a request to restore the Services with justification of the reasons for the specified violations. In the event that such reasons are found to be significant, access to the Customer's Services may be restored at the Contractor's discretion. The decision to renew access to the Services is the right, not the obligation, of the Contractor, and the fact that the Customer sent the specified request does not oblige the Contractor to make a decision in his favor.

3.4.6. The Contractor has the right to engage third parties to fulfill his obligations under this Offer. At the same time, the Contractor remains responsible for the quality of the Services provided, taking into account the limitations of liability provided for in the Offer.

3.4.7. The Contractor has the right to view the Customer's profile and its description. In case of discovery of information that violates the terms of the Offer and/or other agreements governing the use of Services, Services and the Platform, and/or harms the Contractor's reputation or the field of mental well-being in general, the Contractor may send one written warning with a request to change the description. In case of ignoring such a warning, the Contractor has the right to deactivate the Customer's Personal Account. Such cases include, but are not limited to, the use of profanity, unethical statements, and denigration of the rights and freedoms of others. 

4. The cost of services and the order of calculations

4.1. The cost of the Services is determined in accordance with the Tariff plan chosen by the Customer, namely:

4.1.1. "Basic" package (cost: free) – includes up to 3 consultations per week;

4.1.2. "Standard" package (cost: 12,99$ in the hryvnia equivalent at the exchange rate set by the "Wayforpay" payment service on the date of payment) - includes up to 10 consultations per week;

4.1.3. "Unlimited" package (cost: 18,99$ in the hryvnia equivalent at the exchange rate set by the Wayforpay payment service on the date of payment) - includes an unlimited number of consultations per week.

4.2. When registering the Personal account, the Customer enters the relevant details of his bank account (card) in the required fields, according to which funds will be automatically debited monthly according to the Tariff plan chosen by the Customer. 

4.3. When switching from the "Basic" package to another paid package, the Customer must enter the current details of his bank account (card) in the appropriate fields of his account.

4.4. The customer is obliged to independently monitor the relevance of the bank account (card) details specified by him in the Personal Cabinet. 

4.5. The Contractor provides Services to the Customer only in case of successful withdrawal of funds in accordance with the Tariff selected by the Customer. If the debiting of funds was unsuccessful due to outdated details of the Customer's bank account (card), the Contractor immediately stops providing Services to the Customer until the Customer enters new (up-to-date) details. If the withdrawal of funds was unsuccessful due to any other reasons, the Contractor shall immediately stop providing Services to the Customer until the circumstances are clarified and obstacles to the withdrawal of funds are resolved.

4.6. The customer can change the details of his bank account (card) in the Personal account at any time.

4.7. The Contractor has the right to unilaterally change the cost of Services and Tariff Plans. The changed cost of the Services and Tariff Plans take effect immediately. At the same time, the Customer notifies the Contractor in electronic form about the change in the cost of Services and Tariff plans. 

4.8. Changes in the cost of Services and Tariff plans do not apply to Services already paid for by the Customer.

4.9. Return of funds debited from the Customer's bank account (card) for Services NOT carried out.

5. Offer validity period

5.1. The contract for the provision of services between the Customer and the Contractor enters into force from the date of Acceptance of the Offer by the Customer and is valid until the termination of the use of the Services, withdrawal of the Offer by the Contractor or early termination of the Offer.

6. Termination of the offer

6.1. The offer may be terminated early:

6.1.1. By agreement of the Parties at any time;

6.1.2. At the initiative of any Party, in case of violation by the other Party of the terms of the Offer, with the sending of a written notice (may be in electronic form) to the other Party. In such a case, the Offer is considered terminated from the moment of receipt by the Party that violated the terms of the Offer of the relevant written notification;

6.1.3. At the initiative of any of the Parties, provided that a written notice (may be in electronic form) is sent to the other Party 5 (five) calendar days before the date of such termination of the Offer;

6.1.4. At the initiative of the Contractor, in case of impossibility of providing Services to the Customer;

6.1.5. At the initiative of the Contractor, if the Contractor stops providing Services to users located in the territory of the country from which the Customer accesses the Platform;

6.1.6. provision of Services is no longer commercially expedient for the Contractor;

6.1.7. In other cases stipulated by the Offer (including clause 3.4.2. and clause 3.4.3. of this Offer).

7. Guarantees

7.1. The Contractor guarantees that he has all the rights and powers necessary to enter into and execute this Offer. 

7.2. By agreeing to the terms and accepting the terms of this Offer through its Acceptance, the Customer assures the Contractor and guarantees to the Contractor that:

7.2.1. The Customer provided valid data when registering as a Specialist on the Platform; 

7.2.2. The Customer accepts this Offer voluntarily, while the Customer: 

a) has fully familiarized himself with the terms of the Offer, 

b) fully understands the subject of the Offer.

8. Responsibility of the Parties

8.1. For violation of the terms of the Offer, the Parties bear the responsibility established by the terms of the Offer and the current legislation of Ukraine.

8.2. The Customer bears full responsibility for the provision of services through the Platform and undertakes to resolve disputes and settle claims of third parties (including the Customer's clients) on its own and at its own expense, which may arise in connection with the Customer's provision of consultations, or to compensate for damages (including legal costs) incurred by the Contractor in connection with claims and lawsuits of third parties that resulted from the Customer's activities on Platforms.

8.3. The customer independently regulates the issue of working with minor clients in accordance with the requirements of current legislation and is responsible for compliance with these requirements. The specialist is obliged to check the age of the client and, in the case of a minor, to obtain the informed consent of an official representative for counseling such a person. The minimum age for customer registration on the Platform is 16 years, and the Customer is responsible for possible consequences associated with improper performance of the duties specified in this clause. 

8.4. The Customer is fully responsible for observing the ban on the use of the Russian language in the descriptions of the Specialists' profiles on the Platform, which is due to the military aggression of the Russian Federation against Ukraine and the Contractor's strong condemnation of this fact. This decision aims to support the Ukrainian language as the main language of communication in the conditions of modern challenges, and the Customer undertakes to fulfill these requirements. 

8.5. The Contractor shall not be liable for any losses and lost profits arising from the use or inability to use the Services by the Customer, even if the Contractor or his authorized representative has been warned of the possibility of such losses. 

8.6. The Contractor bears no responsibility for the consultations and content posted in the Customer's personal account/profile, as well as for his improper provision of consultations. The Customer is fully responsible for any damage caused by consultations or other activities of the Customer on the Platform. 

8.7. The Contractor is not responsible for the content of any data and information materials that are created, processed, transmitted and received by the Customer or other users of the Platform and does not compensate for any damages caused by such data, their content and use.

8.8. The Contractor is not responsible for any damages that may arise as a result of improper use of the Platform or the Customer's Personal account, including, but not limited to, force majeure, actions of third parties or users, power supply or connection failure. The Contractor is also not responsible for losses, in particular lost profits, arising from interruptions in the availability of the Platform or Services, which are caused by external factors. In such cases, the Customer waives the right to compensation.  

8.9. In the event that the Customer becomes aware of a violation by any other person of the terms of this Offer, "User Agreement", "Privacy Policy" or any other agreement with the Contractor, the Customer is obliged to immediately notify the Contractor of such violations and take the necessary measures, within its competence, to stop such violations. 

8.10. The Contractor's liability under this Agreement to the Customer in the event of the latter's claims for damages in connection with non-provision or improper provision of Services by the Contractor shall be limited to the amount of the Customer's documented losses within the cost of the Services paid by him.

9. Intellectual property

9.1. All rights to intellectual property objects placed on the Platform (including images, videos, logos, graphics, informational materials and other content) belong to the Performer or third parties who have granted the corresponding rights to the Performer based on the relevant license or agreement.

9.2. The use of intellectual property rights for any objects placed on the Platform is possible only with the prior written consent of the Contractor or the consent of the relevant third party who is their owner, or within the framework of the license granted to the Customer during the use of the Platform. 

9.3. The Contractor grants the Customer a limited, non-exclusive, revocable license to use intellectual property objects placed on the Platform for viewing (viewing, reading, listening) as part of working with the Platform. The term of the license is determined by the term of this Offer, and the territory of validity is the whole world. 

9.4. Granting the right to use intellectual property objects within the framework of this Offer, the Contractor does not transfer the intellectual property rights to these objects and does not grant permission for their use for a purpose other than that specified in the Offer.

10. Other conditions

10.1. The parties understand and acknowledge that the inconsistency of the result of the provision of the Service with the result that the Customer expected and desired to receive when applying for the provision of the relevant Service is not a fact of improper provision of such Service.

10.2. All disputes and controversies that may arise in connection with the fulfillment of the terms of the Offer shall be settled through negotiations between the Parties. In case of failure to reach an agreement between the Parties through negotiations, the dispute is referred to the court.

10.3. The Customer confirms that at the time of acceptance of this Offer, he is familiar with and fully agrees to comply with the terms of the "Privacy Policy" and "User Agreement" when using the Services, Services and Platform.

10.4. The parties established that the names of the chapters (articles) of the Offer are intended exclusively for ease of use of the text of the contract and have no literal legal interpretation.

10.5. The parties are released from responsibility for partial or complete non-fulfillment of obligations under this Offer, if such non-fulfillment occurred as a result of force majeure circumstances, as a result of extraordinary events that the parties could neither foresee nor prevent with reasonable measures (force majeure). The parties undertake to inform each other within 3 days of the occurrence of these circumstances.

10.6. The legislation of Ukraine applies to the Offer and the relationship between the Contractor and the Customer. Each party fully agrees that the courts of Ukraine have exclusive jurisdiction over any claims and disputes related to the Agreement.

10.7. By accepting this Offer and concluding a contract for the provision of services on the terms specified in this Offer, the Parties also agreed to the use of a qualified electronic signature ("KEP») in the document circulation within the scope of the Offer, including when drawing up primary documents. The parties have agreed to use such a CEP in the manner and under the conditions stipulated by the current legislation of Ukraine.

11. Props

A natural person is an entrepreneur Krotevich Vyacheslav Anatoliyovych

TIN/YEDRPOU: 3642908276

Address: m. Vinnytsia, st. Pavla Tychyna 5, 49

Bank details: UA463510050000026003878847275