PUBLIC AGREEMENT

1. General Provisions

1.1. This document is a public offer (“Offer“) by the Sole Proprietor Krotevych Viacheslav Anatoliyovych (“Contractor” or “Rapport“), addressed to an unspecified group of individuals, to enter into a service agreement under the terms outlined in this Offer. 

1.2. Pursuant to Articles 633, 638, and 641 of the Civil Code of Ukraine, this Offer constitutes a public agreement, and upon acceptance of its terms (acceptance), an individual or legal entity becomes the Customer under the service agreement and agrees to comply with the terms of this Offer and its annexes (if any), which form an integral part of it. The service agreement is concluded by the Customer’s acceptance of the Offer in the manner specified in Clause 2.3 of the Offer. 

1.3. The Offer takes effect from the moment it is posted on the Internet at the following link: https://rapport.com.ua/public-agreement/, indicating the effective date, and remains valid until it is revoked by the Contractor.

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

1.5. The following terms are used in the Offer: 

Customer (“Specialist”) – a mental well-being professional who uses the Platform to organize and optimize their professional activities.

Personal Account – an individual section of the Platform where the Customer can manage their profile, view records and client information, schedule sessions, use tools to track progress, store informational materials, and organize other aspects of their work. Access to the Personal Account is provided via login credentials (username, password).

Rapport Platform (“Platform”) – an online service for mental well-being specialists that provides convenient Services for their work with clients. The Platform is accessible at the following link:: https://rapport.com.ua.  

Customer Profile – a specialized section of the Platform that contains professional information about the Specialist, which they fill out themselves, as well as client reviews. The Profile serves to present the Specialist on the Platform and helps potential clients assess their qualifications and experience.

Features – the functions of the Platform that assist the Customer in organizing and optimizing their professional activities.

Parties or Party – the Contractor (or “Rapport”) and the Customer (or “Specialist”) individually or collectively, depending on the context.

Pricing Plan – a detailed list of available Services, their features, and costs, which is determined by a specific package (quantity) of consultations available to the Customer for use in the corresponding month.

2. Subject of the Offer 

2.1. Under the terms and conditions set forth in this Offer, the Contractor provides the Customer with services in the form of access to the Platform and its features (hereinafter referred to as “Services”), according to the Pricing Plan selected by the Customer, and the Customer agrees to accept and pay for the provided services.

2.2. The Contractor’s Services include, but are not limited to:

2.2.1. Technical support for the Platform/Services (hosting, domain, website, website content, procurement and configuration of necessary services, online resources, etc.);

2.2.2. Configuration of all technical interfaces and ensuring their functionality;

2.2.3. Technical support for the Customer and their clients in case of technical issues.

2.2.4. Providing the Customer with the ability to use the following Platform Services:

• Adding the Customer’s clients to the Platform;
• Archiving and restoring consultation history;
• Calendar for scheduling meetings with clients;
• Video chat for conducting online meetings;
• Text chats;
• Structured organization of the Customer’s materials;
• Use of testing methods for educational purposes;
• Creation of a profile with professional information and client reviews.

2.3. By logging into the Personal Account using their username and password, the Customer 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 “Terms of Use” https://rapport.com.ua/terms-of-use/, which is an integral part of the Offer. 

3. Rights and Obligations of the Parties

3.1. Obligations of the Customer:

3.1.1. To pay for the Contractor’s Services in full and on time in accordance with the selected Pricing Plan.

3.1.2. To fully comply with and fulfill the terms of the Offer and other agreements governing the use of the Services, Features, and the Platform.

3.1.3. Not to provide medical or health-related services or position themselves as a medical professional while using the Platform, as such services are strictly prohibited within the Platform’s functionality.

3.1.4. Not to infringe the intellectual property rights of the Customer or third parties.

3.1.5. Not to use the Platform to make any degrading, offensive, or socially unacceptable statements, comments, words, images, or gestures relating to religion, race, sexual orientation, gender, or other target groups. This also includes any actions that may violate personal rights (dignity, honor, privacy, physical integrity) or that are threatening, hateful, offensive, obscene, deceptive, or defamatory in nature.

3.1.6. Not to use the Platform for the sale of goods, services, or the distribution of promotional materials.

 

3.2. Obligations of the Contractor:

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

3.2.2. To notify the Customer in advance of any planned maintenance or repair work affecting the availability of the Services, by publishing such information on the Platform (including in the Customer’s Personal Account) and/or sending a notification to the Customer’s email address.

3.2.3. To maintain the confidentiality of the Customer’s data and to comply with other obligations regarding the protection of users’ personal data on the Platform, in accordance with the “Privacy Policy,” “Terms of Use,” this Offer, and applicable law.

3.2.4. To inform the Customer in a timely manner about any changes to the terms of the Services by publishing such information on the Platform (including in the Customer’s Personal Account) and/or sending it to the Customer’s email address.

 

3.3. Rights of the Customer:

3.3.1. To require the Contractor to provide the Services in a timely and high-quality manner in accordance with the terms of this Offer.

3.3.2. To receive from the Contractor, in a timely manner and in full, information regarding the quality, cost, and procedure of providing the Services.

 

3.4. Rights of the Contractor:

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

3.4.2. In the event of non-payment for the Services under the relevant Pricing Plan for the following period after the end of the current paid period, the Contractor has the right to reduce the list of Services by automatically transferring the Customer to the “Free” plan starting from the day after the payment due date. 

3.4.3. In the event that the Customer violates the terms of the Offer and/or agreements governing the use of the Services, Platform, and Features (e.g., “Terms of Use,” “Privacy Policy,” etc.) and/or violates applicable law, the Contractor has the right to (1) suspend the provision of Services to the Customer by blocking access to the Personal Account, Platform, and Features, or (2) immediately deactivate the Customer’s Personal Account and delete informational materials from it. The Contractor will notify the Customer of the imposition of these restrictions, stating the reason and, if possible, the conditions for restoring access. In the event of restriction of access to the Services as specified in this clause, payments made by the Customer under the Pricing Plan are non-refundable.

3.4.4. In the event of suspension of Services to the Customer, they will temporarily lose access to the Services until the violations are corrected. The Contractor will send the Customer a letter (which may be in electronic form) listing the violations that led to the suspension and requesting that the identified issues be resolved in order to restore access to the Services. During the period before the violations are corrected, the Customer’s profile will remain visible on the Platform, and the Customer will retain access to their Personal Account. If the violations identified in the Contractor’s letter are not rectified within 60 (sixty) calendar days from the date of suspension of Services, the Contractor has the right to deactivate the Personal Account and delete the Customer’s informational materials stored in it.

3.4.5. In the event of deactivation of the Customer’s Personal Account, the Customer completely loses access to it. The Contractor shall send the Customer a letter (which may be in electronic form) listing the violations that led to the refusal to continue providing Services. The Customer has the right to send a request to the Contractor for the restoration of Services, justifying the reasons for the specified violations. If such reasons are deemed substantial, access to the Services may be restored at the Contractor’s discretion. The decision to restore access to the Services is a right, not an obligation, of the Contractor, and the fact of submitting the aforementioned request by the Customer does not obligate the Contractor to make a decision in their favor.

3.4.6. The Contractor has the right to engage third parties to fulfill its obligations under this Offer. However, the Contractor remains responsible for the quality of the Services provided, subject to the limitations of liability set forth in the Offer.

3.4.7. The Contractor has the right to review the Customer’s profile and description. If any information is found that violates the terms of the Offer and/or other agreements governing the use of Services, Platform, and its Features, or harms the reputation of the Contractor or the field of mental well-being in general, the Contractor may send one written warning requesting a change to the description. In the event of ignoring such a warning, the Contractor has the right to deactivate the Customer’s Personal Account. These cases include, but are not limited to, the use of offensive language, unethical expressions, and violations of the rights and freedoms of others.

4. Service Fees and Payment Terms

4.1. The Service fees are determined according to the Tariff Plan selected by the Customer, as follows:

4.1.1. “Basic” Package (cost: free) – includes up to 3 consultations per week;

4.1.2. “Standard” Package (cost: $12.99 in UAH equivalent at the exchange rate set by the “Wayforpay” payment service on the payment date) – includes up to 10 consultations per week;

4.1.3. “Unlimited” Package (cost: $18.99 in UAH equivalent at the exchange rate set by the “Wayforpay” payment service on the payment date) – includes an unlimited number of consultations per week. 

4.2. When registering a Personal Account, the Customer enters the current details of their bank account (card) into the required fields, which will be used for automatic monthly withdrawals in accordance with the selected Tariff Plan.

4.3. When upgrading from the “Basic” package to any other paid package, the Customer must enter the current details of their bank account (card) into the relevant fields in their account. 

4.4. The Customer is responsible for keeping the bank account (card) details provided in their Personal Account up to date.

4.5. The Contractor provides Services to the Customer only if payment has been successfully debited according to the Customer’s selected Tariff Plan. If the payment was unsuccessful due to outdated bank account (card) details of the Customer, the Contractor immediately suspends the provision of Services to the Customer until new (current) details are entered. If the payment was unsuccessful for any other reason, the Contractor immediately suspends the provision of Services to the Customer until the circumstances are clarified and obstacles to payment are resolved.

4.6. The Customer may change their bank account (card) details in the Personal Account at any time.

4.7. The Contractor reserves the right to unilaterally change the cost of Services and Tariff Plans. The updated cost of Services and Tariff Plans take effect immediately. The Contractor shall notify the Customer electronically about any changes in the cost of Services and Tariff Plans.

4.8. Changes to the cost of Services and Tariff Plans do not apply to Services that have already been paid for by the Customer.

4.9. No refunds are provided for payments debited from the Customer’s bank account (card) for Services.

5. Term of the Offer

5.1. The service agreement between the Customer and the Contractor enters into force from the date of acceptance of the Offer by the Customer and remains in effect until the cessation of the use of the Services, the withdrawal of the Offer by the Contractor, or the early termination of the Offer.

6. Termination of the Offer

6.1. The Offer may be terminated early:

6.1.1. By mutual agreement of the Parties at any time;

6.1.2. On the initiative of either Party in the event of a breach by the other Party of the terms of the Offer, by sending a written notice (which may be in electronic form) to the other Party. In such a case, the Offer is considered terminated from the moment the Party in breach receives the respective written notice;

6.1.3. On the initiative of either Party, provided that a written notice (which may be in electronic form) is sent to the other Party 5 (five) calendar days prior to the termination date of the Offer;

6.1.4. On the initiative of the Contractor, if it becomes impossible to provide Services to the Customer;

6.1.5. On the initiative of the Contractor, if the Contractor ceases to provide Services to users located in the country from which the Customer accesses the Platform;

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

6.1.7. In other cases provided for in the Offer (including clauses 3.4.2. and 3.4.3. of this Offer).

7. Warranties

7.1. The Contractor guarantees that it holds all the rights and powers necessary to enter into and perform this Offer.

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

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

7.2.2. The Customer voluntarily accepts this Offer, and the Customer:
a) has fully reviewed the terms of the Offer;
b) fully understands the subject of the Offer.

 

8. Liability of the Parties

8.1. The Parties are liable for violating the terms of the Offer as specified by the terms of the Offer and the current legislation of Ukraine.

8.2. The Customer bears full responsibility for providing services through the Platform and agrees to resolve disputes and settle claims from third parties (including the Customer’s clients) that may arise in connection with the provision of consultations by the Customer, or compensate for damages (including legal expenses) incurred by the Contractor due to claims and lawsuits from third parties resulting from the Customer’s activities on the Platform.

8.3. The Customer independently handles matters related to working with minor clients in accordance with the requirements of applicable legislation and is responsible for ensuring compliance with these requirements. The Specialist is obligated to verify the client’s age and, if the client is a minor, obtain the informed consent of the official representative for consulting the individual. The minimum age for client registration on the Platform is 16 years, and the Customer is responsible for any consequences resulting from improper fulfillment of the duties specified in this section.

8.4. The Customer bears full responsibility for complying with the ban on the use of the Russian language in the profiles of Specialists on the Platform, due to the military aggression of the Russian Federation against Ukraine and the firm condemnation of this fact by the Contractor. This decision aims to support the Ukrainian language as the primary language of communication in light of current challenges, and the Customer agrees to comply with these requirements. 

8.5. The Contractor is not liable for any damages or lost profits resulting from the Customer’s use or inability to use the Services, even if the Contractor or its authorized representative has been informed about the possibility of such damages. 

8.6. The Contractor is not responsible for consultations or content placed in the Customer’s Personal Account/Profile, nor for improper provision of consultations by the Customer. The Customer bears full responsibility for any damage caused by the consultations or other activities of the Customer on the Platform.

8.7. The Contractor is not responsible for the content of any data and informational materials 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, or use.

8.8. The Contractor is not responsible for any damages that may arise from the incorrect use of the Platform or the Customer’s Personal Account, including but not limited to force majeure circumstances, actions of third parties or users, power supply disruptions, or connectivity issues. The Contractor is also not liable for losses, including lost profits, resulting from interruptions in the availability of the Platform or Services caused by external factors. In such cases, the Customer waives the right to compensation.

8.9. If the Customer becomes aware of any violation of the terms of this Offer, the “Terms of Use,” the “Privacy Policy,” or any other agreement with the Contractor by third party, the Customer must immediately notify the Contractor of such violations and take necessary actions, within their competence, to prevent such violations. 

8.10. The Contractor’s liability under this Agreement to the Customer in case of claims for damages due to the failure to provide or improper provision of Services by the Contractor is limited to the amount of documented damages incurred by the Customer within the cost of the Services paid by them. 

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 Contractor or third parties who have granted the Contractor the relevant rights based on a license or agreement.

9.2. The use of intellectual property rights on any objects posted on the Platform is only permitted with the prior written consent of the Contractor or the consent of the relevant third party, who is the owner, or within the scope 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 the intellectual property objects placed on the Platform for viewing (browsing, reading, listening) in connection with working on the Platform. The term of the license is defined by the term of this Offer, and the territory of the license is worldwide.

9.4. By granting the right to use the intellectual property objects under this Offer, the Contractor does not transfer intellectual property rights to these objects and does not permit their use for any other purpose except as specified in the Offer.

10. Other Terms

10.1. The Parties understand and acknowledge that a discrepancy between the result of the Service provided and the result expected and desired by the Customer upon requesting the respective Service does not constitute improper provision of such Service.

10.2. All disputes and disagreements arising in connection with the execution of the terms of this Offer shall be resolved through negotiations between the Parties. If no agreement is reached through negotiations, the dispute shall be submitted for consideration by the court.

10.3. The Customer confirms that at the time of accepting this Offer, they are familiar with and fully agree to comply with the terms of the “Privacy Policy” and the “Terms of Use” when using the Services, Features, and Platform.

10.4. The Parties have agreed that the titles of the sections (articles) of the Offer are intended solely for convenience in using the text of the agreement and do not have literal legal interpretation.

10.5. The Parties are relieved from liability for partial or complete failure to fulfill obligations under this Offer if such failure occurred as a result of force majeure circumstances, extraordinary events that the Parties could neither foresee nor prevent by reasonable measures (force majeure). The Parties shall notify each other within 3 days from the occurrence of such circumstances.

10.6. The laws of Ukraine shall apply to this Offer and the relationship between the Contractor and the Customer. Each Party fully agrees that the courts of Ukraine have exclusive jurisdiction to resolve any claims and disputes related to the Agreement.

10.7. By accepting this Offer and entering into an agreement for the provision of services under the terms set out in this Offer, the Parties also agree to the use of a qualified electronic signature (“QES”) in document flow within the performance of the Offer, including when preparing legal documents. The Parties have agreed on the use of such QES in accordance with the procedure and conditions specified by the current legislation of Ukraine.

11. Details

Sole Proprietor Krotevych Viacheslav Anatoliyovych
Taxpayer Identification Number / State Register of Legal Entities: 3642908276
Address: Ukraine, Vinnytsia, Pavla Tychyny St. 5, 49
Bank details: UA463510050000026003878847275