Public offer

1. General provisions

1.1. The text of the Agreement set forth below is a public Offer of the Service of the startup team Tolkee (hereinafter referred to as the Contractor), addressed to an unlimited number of persons on the terms and conditions specified in the Agreement.

1.2. The Agreement shall be deemed concluded and shall enter into force upon acceptance by the Customer of the terms of this Offer in full, together with the terms, conditions, Rules or annexes thereto, in the event of the presence of such annexes, which may be contained in another electronic document by redirecting to such other electronic document, taking actions to consent to the unconditional acceptance and fulfillment without any exceptions and/or restrictions of the terms of the Offer (acceptance), and the Customer becomes a user of the tolkee.com service.

1.3. Putting a mark on the consent to accept the terms of this offer also means consent to the processing of the Customer's personal data.

1.4. The Public Agreement defines all the essential terms of the agreement between the Contractor and the Customer by the person accepting the Offer.

1.5. This Offer is published on the Contractor's Website and is available for review by any individual who intends to receive the Services in accordance with this Agreement.

1.6. If the Customer does not agree with the terms of the Agreement, he/she has no right to enter into this Agreement, and is not entitled to use the Services under this Agreement.

2. Terms used in this Agreement

2.1. The service is 24/7 access to the foreign language voice practice service on the tolkee.com website in accordance with the selected tariff

2.2. The Contractor's website is a set of web pages, subdomains and any other related mobile and web applications under the domain name https://tolkee.com.

2.3. Service is the result of computer programming, a set of functional and technological software tools of the Contractor that provide the Service through the Contractor's Website.

2.4. User - an identified consumer of the service who, at his own request and at his own discretion, uses the Customer's web page to obtain the necessary information using Google Chrome, Apple Safari, Mozilla Firefox browsers. A person who is on the website or does not use the service is not personalized in any way, data about such a person is not collected, stored, or used by either the Contractor or the Customer due to technical impossibility.

3. Subject of the Agreement

3.1. The subject matter of this Agreement is the provision by the Contractor to the User of the foreign language voice practice service on the website, in the manner and on the terms and conditions specified in this Agreement.

4. The procedure for concluding the Agreement

4.1. According to applicable laws, unconditional acceptance (acceptance) of the conditions offered by the capabilities of the startup team Tolkee's Service under this Offer is considered to be the registration by the Customer (filling out a special form on the Company's Website) by the User of the Service, in accordance with § 145 of the German Civil Code.

4.2. Acceptance of the terms of the Offer means full and unconditional acceptance by the User of all the terms of the Offer without exception and the User's consent to accept and pay for the Services in full and within the specified time in accordance with the terms of this Agreement.

4.3. The term of acceptance of the Offer is unlimited.

4.4. The Offer is considered concluded and comes into force from the moment of acceptance and is valid for the entire period of receiving the Services until the termination of the Agreement on the grounds specified in this Agreement.

5. The procedure for providing services and their payment

5.1. Acceptance of this offer in the manner provided for herein and/or payment of a duly executed invoice shall be the basis for recording business transactions in the accounting records without drawing up an act of services rendered

5.2. The cost of services is determined in accordance with the tariff chosen by the Customer and calculated for 30 calendar days

5.3. Payment for the cost of services.

5.4. The service is provided subject to 100% payment of the service cost for the current billing period.

5.5. The customer is solely responsible for administering the timeliness and correctness of payments made by him.

6. Rights and obligations of the Contractor

6.3. The Contractor shall have the right to:

6.3.1. early termination of the Agreement in accordance with the procedure specified in this Agreement;

6.3.2. early termination of the Agreement in case of violation by the Customer of the terms of this Agreement;

6.3.3. change the cost of the Services unilaterally by notifying the User by publishing the relevant changes in the personal account on the Contractor's Website;

6.3.4. not to provide the service in case of failures of global services that make it impossible for the Contractor to provide the service technically;

6.3.5. suspend the provision of the Services in accordance with this Agreement in case of software updates, provided that such period is not more than 5 (five) business days.

6.4. The Contractor undertakes to:

6.4.1. to provide services to the Customer in accordance with the terms of the Agreement;

6.4.2. to notify the Customer of termination of the Services in cases provided for by law or in case of violation of the terms of the Agreement by the Customer

6.4.3. keep accurate records of the volume and cost of the Services provided by providing the Customer with access to a personal account with all the necessary information about the Services provided;

6.4.4. ensure the correct application of tariffs and timely informing the Customer about their changes;

6.4.5. to provide the Services within the terms stipulated by this Agreement and the Service tariffs.

7. Rights and obligations of the Customer

7.3. The Customer has the right to:

7.3.1. timely receipt of the ordered Services of the established quality;

7.3.2. obtaining information from the Contractor regarding the Services provided at the written request of the Customer, including, but not limited to, the volume and cost of the services provided;

7.3.3. to refuse the Services in the manner prescribed by this Agreement;

7.3.4. receive technical support from the Contractor's Service in accordance with the terms of the selected tariff.

7.4. The Customer undertakes to:

7.4.1. pay for the monthly package of the ordered Services

7.4.2. To form and send messages in accordance with the requirements of the current legislation of Germany, in particular the Laws of Germany "On Advertising" (Gesetz gegen den unlauteren Wettbewerb - UWG) and "On Information".

8. Responsibility of the parties

8.3. The Customer enters into the Agreement voluntarily, and the Customer has fully familiarized himself with the terms of the Offer and accepts them

8.4. The Customer shall be fully and unconditionally liable for the accuracy of the data (including personal data) specified when registering as a user of the Contractor's Service and when paying for the Contractor's Services.

8.5. The Parties shall be released from liability for full or partial failure to fulfill their obligations under the Agreement if this was the result of force majeure circumstances as a result of extraordinary events that could not have been foreseen in advance.

9. Dispute resolution procedure

9.1. All disputes arising or that may arise under this Agreement shall be resolved by the Parties through negotiations based on a written request from one of the Parties to the other.

9.2. If the dispute cannot be resolved in the course of negotiations, it shall be resolved in court. The claim shall be filed by the initiator at the location of the Contractor.

10. Confidentiality and protection of personal data

10.1. The Parties agree that during the term of this Agreement, as well as within two years after the termination of this Agreement, any material and/or information relating to this Agreement shall be confidential and may not be transferred to third parties without the prior written consent of the other Party to the Agreement, except for the provision of information at the request of authorized state bodies in cases provided for by the current legislation of Ukraine, as well as the disclosure by the Contractor of the fact of cooperation with the Customer (including, but not limited to, with the indication in the presentation materials).

10.2. The Contractor shall be responsible for the protection of the Customer's personal data in accordance with the obligations assumed by the Terms of Use of the tolkee.com service.

11. Termination of the Agreement

11.1. The Agreement may be terminated:

11.1.1. at the initiative of the Contractor or the Customer in case of violation of the terms of the Agreement by the other party, by sending a written notice with the relevant decision to the other party.

11.1.2. on other grounds provided for by this Agreement and/or the current legislation of Ukraine.

11.2. The Service does not provide refunds for incomplete months or years of use of the Service in case of refusal of services.

12. Additional conditions

12.1. This Agreement is governed by the current legislation of Ukraine

12.2. The Agreement shall enter into force from the moment of acceptance of the terms of the Agreement by the Customer (fulfillment of the actions and conditions stipulated by the Offer) and shall be valid until the termination of the Agreement in accordance with clause 11 of this Agreement.

12.3. The Contractor reserves the right to amend the terms of the Agreement and/or withdraw the Agreement at any time at its sole discretion.

12.4. In case the Contractor makes changes to the Agreement, such changes shall come into force from the moment the amended text of the Agreement is posted on the Contractor's website.