Public Offer Agreement

This Agreement is a contract of adhesion within the meaning of Article 634 of the Civil Code of Ukraine and a public offer within the meaning of Articles 633 and 641 of the Civil Code of Ukraine, addressed to an indeterminate group of persons.

The Agreement is concluded by the User adhering to the proposed terms as a whole. Adherence to individual provisions of the Agreement is not permitted.

The current version of the Agreement is always available at this address. The date of the version is stated in the page heading.

• Platform — the Evolet online service, accessible through a web interface, comprising tools for keeping student records, a timetable, a lesson builder, homework, a student portal and payment records.
• Provider — the person providing access to the Platform, identified in the "Details and contacts" section.
• User — the natural or legal person who has registered an account on the Platform.
• Plan — the set of features and quantitative limits available to the User during the paid period.
• Acceptance — payment for a chosen paid plan, constituting acceptance of the terms of this Agreement.
• Account — the set of data identifying the User on the Platform.

The Provider grants the User the right to access the features of the Platform corresponding to the chosen plan, and the User undertakes to pay for that access in the manner and within the periods set out in this Agreement.

The Platform is provided "as is", with the functionality actually available at the time the service is supplied. The Provider does not guarantee that the User will achieve any particular pedagogical, commercial or other result.

Access to the Platform is not an educational service. The Provider takes no part in the relationship between the User and their students, does not assess the quality of lessons and is not a party to that relationship.

The Agreement is treated as concluded at the moment the offer is accepted. Acceptance is payment for a chosen paid plan.

Use of the free plan is governed by the Terms of Use and by this Agreement in so far as it does not concern payment.

Before paying, the User confirms that they have read the terms of this Agreement, the payment and refund terms and the Privacy Policy, and consents to the service beginning immediately.

The list of plans, their limits and their prices are published on the Platform's home page and form an integral part of this Agreement.

The price of paid plans is set in US dollars; the charge is made in hryvnia at the rate applying when the payment is taken. The exact hryvnia amount is shown on the payment page before the payment is confirmed.

Payment is made by payment card through a payment provider. The Provider neither receives nor stores the User's payment card details.

A subscription renews automatically for the following period until the User cancels it. Automatic renewal, cancellation and refunds are governed by the separate "Payment and Refunds" document.

The Provider undertakes to give the User access to the features of the chosen plan for the paid period and to take reasonable steps to keep the Platform working.

The Provider may carry out planned maintenance, temporarily restricting access to the Platform, giving advance notice where possible.

The Provider may change the set of features as the Platform develops, provided the features of the paid plan are not materially reduced during the paid period.

The Provider may suspend access to an account where the User breaches the Terms of Use, giving notice first, except where immediate suspension is needed to protect the Platform or third parties.

The User may use the features of the chosen plan, seek support, and cancel their subscription at any time.

The User undertakes to give accurate details when registering, to keep access to their account confidential, and to notify the Provider without delay of any unauthorised access.

The User is solely responsible for the lawfulness of the data they enter on the Platform, in particular for having a lawful basis to process their students' personal data and, where students are minors, for obtaining the consent of their parents or other legal guardians.

The User is solely responsible for the content of the teaching material they create or upload to the Platform and for respecting third parties' intellectual property rights.

The User must not:

• share account access with third parties in order to get around the limits of a plan;
• do anything that places an excessive load on the Platform or disrupts its operation;
• attempt to gain unauthorised access to other users' data;
• study the source code of, decompile or reproduce the Platform or any part of it;
• post material whose distribution is prohibited by the law of Ukraine.

The parties are liable for failure to perform, or improper performance of, their obligations in accordance with the law of Ukraine and the terms of this Agreement.

The Provider is not liable for indirect loss, lost profit, loss of anticipated income or reputational loss suffered by the User as a result of using, or being unable to use, the Platform.

The Provider's aggregate liability under this Agreement is limited to the amount actually paid by the User for the most recent paid period.

The Provider is not liable for failures caused by the User's own actions, by the operation of third-party services (email, payment, calendar and messenger services in particular) or by the absence of an internet connection.

Personal data is processed in accordance with the Privacy Policy, which forms an integral part of this Agreement.

In respect of students' personal data entered on the Platform by the User, the User is the controller of that data and the Provider acts as a person processing it on the User's instruction and to the extent necessary to supply the service.

All rights in the Platform, its source code, design, name and other elements belong to the Provider or its licensors. This Agreement transfers no intellectual property rights in the Platform to the User, other than the right to use its features.

Rights in teaching material created or uploaded by the User remain with the User. The Provider receives a limited right to store, reproduce and display such material solely in order to supply the service.

The Agreement takes effect on acceptance and runs until the User stops using the Platform or until one of the parties terminates it.

The User may terminate the Agreement at any time by cancelling their subscription and ceasing to use the Platform. Access to paid features continues to the end of the period already paid for.

The Provider may terminate the Agreement where the User materially breaches its terms, giving notice to the email address on the account.

The parties are released from liability for partial or complete failure to perform their obligations where it results from circumstances beyond their control: military action, armed aggression, the imposition of martial law or a state of emergency, natural disaster, large-scale failures of power supply or communications, or decisions of state authorities that make performance impossible.

The party affected by such circumstances shall notify the other party within a reasonable time.

All disputes are to be resolved by negotiation. A complaint is sent to the Provider's email address and is considered within thirty calendar days.

If no agreement is reached, the dispute is resolved in court in accordance with the law of Ukraine.

The Provider may change the terms of this Agreement by publishing a new version on this page with its date.

Changes that worsen the User's position do not apply to a period already paid for.

Continuing to use the Platform after a new version takes effect means the User accepts it. A User who does not agree with the changes may cancel their subscription.

Send any communication under this Agreement to the contacts below or through the "Contact" page.

• Email: evoleteducation@gmail.com
• Telegram: @evolet_support_bot