Public Offer Agreement

Accession AGREEMENT for the provision of access to the STRIMIX online service.

the city of Kyiv, Ukraine

Private Enterpreneur Yatsenko Dmytro, hereinafter referred to as the "Operator", registration number of the taxpayer's registration card 3394405252, OFFERS individuals and legal entities, individual entrepreneurs, each of which is hereinafter referred to as the "Customer", to access the online service "STRIMIX" by joining this agreement on providing access to the online service "STRIMIX", hereinafter referred to as the "Agreement". The Agreement is an offer and is presented in the form of a form (posted/published on the official website of the Operator at the link URL: https://strimix.io/public-offer-agreement ). The Agreement may be concluded only by joining the Customer to the proposed Agreement as a whole. The Customer cannot offer its terms and conditions of the Contract.

1. TERMS AND DEFINITIONS

1.1. Service – online service "STRIMIX", built on the SaaS model ("Software as a Service"), the functional purpose of which is the collection, processing and storage of data, their visualization for the implementation of end-to-end analytics of advertising networks, as well as other opportunities provided by the Service (functional purpose). The functionality of the Service is maintained by the Operator in an up-to-date state, and is constantly supplemented and developed in accordance with the Operator's internal policy. The Service is available on the Internet on the Operator's website at https://strimix.io

1.2. Access shall mean the right of the Customer to use the Service exclusively for its functional purpose under the terms of the Agreement, during the paid time (period) in accordance with the Tariffs and Documentation.

1.3. Tariffs – the list and scope of the relevant functionality of the Service (service packages) to which access is provided and the cost of such access, are an integral part of this Agreement and are freely available on the Operator's Website.

1.4. Customer shall mean an individual or legal entity, or an individual entrepreneur who has made an Acceptance, receives and pays for Access to the Service in accordance with the terms of the Agreement.

1.5. Acceptance – full and unconditional acceptance by the Customer of the terms of the Agreement by registering on the Operator's website and pre-paying for the Access in accordance with the terms of the Agreement.

1.6. Website of the Operator – a page on the Internet at the link URL: https://strimix.io , where the online service "STRIMIX" is located.

1.7. Documentation – documents/information on the functionality and procedure for using the Service; posted on the Operator's website.

1.8. Personal account is an integral part of the Operator's website, which allows the Customer to order Access and receive documents confirming the fulfillment of the obligations of the Parties under the Agreement.

1.9. Registration on the Operator's website – performance by the Customer of all relevant organizational and technical registration procedures on the Operator's website by one of the methods of identification/authorization.

1.10. The Parties shall mean the Operator and the Customer.

2. SUBJECT OF THE AGREEMENT

2.1 The Agreement regulates the legal relations arising between the Operator and the Customer in connection with the provision of Access to the STRIMIX online service.

2.2. In accordance with this Agreement, the Operator provides the Customer with Access to the online service "STRIMIX", and the Customer accepts and pays the cost of Access in the manner and amount provided for in this Agreement.

2.3. The list and scope of the relevant functionality of the Service (service packages) to which the Access is provided and the cost of such Access shall be determined in accordance with the Tariffs.

2.4. The functionality and procedure for using the Service shall be determined in accordance with the Documentation.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.3. The Customer shall have the rights as follows:

3.1.1. To receive Access in accordance with the selected and paid Tariff.

3.1.2. To determine independently the list of users of the Service and establish their access rights to the data and functionality of the Service.

3.1.3. To send the Operator its proposals on the functioning of the Service.

3.2. The Operator has the right to:

3.2.1. Receive from the Customer monetary amounts for the use of the Service that correspond to the cost of the Access, taking into account the Tariff chosen by the Customer and the period of time during which the Access is provided.

3.2.2. At its own discretion, make any changes to the technical/functional characteristics and interface of the Service that do not contradict the current legislation of Ukraine, informing the Customer about the changes by posting the relevant information on the Operator's website.

3.2.3. Use information about the amount of data entered by the Customer when generating Service download statistics.

3.2.4. Establish and change the list and cost of the relevant functionality of the Service (service packages) to which the Access is provided and the cost of such Access, which are listed in the Tariffs, by posting the relevant information on the Operator's website in advance.

3.2.5. In order to improve the experience of using the Service, simplify navigation and optimize the design of the Service interface, use third-party services to analyze the interaction of the Customer's authorized persons (users) with the Service.

3.2.6. In case of violation by the Customer of its obligations to pay under the Agreement, as well as other violations of the Agreement that make it impossible for the Operator to fulfill the Agreement, to completely suspend the provision of Access to the Service to the Customer until such violation is terminated and its consequences are corrected or the normal condition preceding such violation is restored. Such suspension occurs automatically, in order to ensure the fulfillment of the Customer's obligations and operational and economic sanctions against the Customer, using the means of the Service. The Employer is aware of and accepts all risks arising from this.

3.3. The Customer undertakes to:

3.3.1. Read and fully comply with the provisions/requirements of the Documentation, Tariffs and any other terms and conditions of the Agreement.

3.3.2. Make timely payments to the Operator under the Agreement.

3.3.3. Not to transfer the individual user name and password of access to the Customer's Personal Account to third parties, to ensure the possibility of access to the Personal Account and to the Customer's application on the Operator's website only by duly authorized persons.

3.3.4. Within 5 (five) calendar days, independently make changes to the information specified by the Customer when registering on the Operator's website, if such changes have taken place.

3.3.5. Ensure the protection of the information and telecommunication system from which the Service is accessed from viruses and other malicious software, including that capable of intercepting data entry and transmission.

3.3.6. Ensure the completeness and reliability of documents and information, in accordance with the legislation of Ukraine, provided to the Operator for the implementation of the Agreement (including when registering on the Operator's website).

3.4. The Operator undertakes to:

3.4.1. Provide Access by providing the Customer, who has duly accepted and complies with the terms of the Agreement, with the technical possibility of obtaining Access to the Service.

3.4.2. Ensure a reasonable and technically possible level of information security of the Service, including through the use of antivirus and cryptographic protection.

3.4.3. Ensure the use of appropriate technical means and resources for backup and recovery of information on the Operator's website.

3.4.4. Ensure non-disclosure of confidential information of the Customer, except in cases established by law.

3.4.5. Inform the Customer about the change in the Tariffs by posting the relevant information on the Operator's website.

3.4.6. Notify the Customer of the amendments and additions to the Agreement by posting the relevant information on the Operator's website.

4. COST OF SERVICES AND PAYMENT TERMS

4.1. The total cost of Access under the Agreement shall be determined as a set of funds transferred by the Customer for Access during the term of the Agreement.

4.2. The cost of Access to the Service is determined in accordance with the Tariffs.

4.3. Payment for the Access shall be made by the Customer by 100% (one hundred percent) prepayment. Customer may pay more than is necessary to pay for next month's Access. The balance of the prepayment on the Customer's personal account will be taken into account (debited) for Access in subsequent periods.

4.4. All settlements of the Parties under this Agreement shall be made in non-cash form. The Customer receives an invoice for payment in the Personal Account. The invoice is generated by the Operator and provided to the Customer in electronic form using: (i) the provided registration data of the Customer, (ii) the relevant Service package ordered by the Customer, (iii) the period of Access to the Service specified by the Customer, (iv) the current version of the Tariffs. The invoicing by the Contractor is not a prerequisite for the Customer to make settlements under the Agreement.

4.5. The date of proper fulfillment of the monetary obligation of the Customer under the Agreement shall be the date of receipt of funds to the current bank account of the Operator.{' '}

4.6. In case of non-receipt of funds to the Operator's account for the relevant period (month) at the beginning of the month, the provision of Access shall be terminated in accordance with the procedure established by clause 3.2.6.

4.7 The Operator shall provide the Customer with an Act on providing access to the online service for the relevant month (hereinafter referred to as the Act) signed by an electronic digital signature (hereinafter referred to as the eds) on a monthly basis. The Certificate shall be dated the last day of the month paid by the Customer. The Act signed by the Operator is displayed in the Customer's Personal Account.

4.8 Within 5 (five) working days from the date of receipt of the Act (displaying the Act signed by the Operator in the Customer's Personal Account), the Customer is obliged to sign the Act with its own EDS in its Personal Account. If the Customer does not have a person who has the right to sign the EDS of the Acts, the Customer has the opportunity to print the Act from the Personal Cabinet in two copies, sign them on his part and send both copies of the Act signed by him (with a seal, if any) to the postal address of the Operator. The Operator, after receiving the Certificate from the Customer, signs it and sends one copy of the Certificate by mail to the address (location) of the Customer, which is indicated by it when registering on the Operator's website.

4.9 If there are motivated objections, the Customer shall send them to the Operator in the manner specified in clause 4.8 of the Agreement.

4.10. If the Operator does not receive written motivated objections of the Customer or if the Operator does not receive the Act signed by the Customer within 10 (ten) working days from the Date of the Act, the Act is considered signed by the Customer, and the Operator's obligations to provide Access are considered by the Parties to be duly provided and accepted by the Customer without comments on their content/nature, scope, period of provision and quality.

5. TERM OF THE AGREEMENT

5.1. The Agreement is concluded and is valid from the date of Acceptance by the Customer of the Agreement.

5.2. The Agreement may not be concluded, and the concluded Agreement shall be subject to termination in cases established by the relevant laws of Ukraine, including, but not limited to, the Laws of Ukraine "On Sanctions" No. 1644-VII dated August 14, 2014, "On Combating Terrorism" No. 638-IV dated March 20, 2003, "On the Creation of the Free Economic Zone "Crimea" and on the Specifics of Economic Activity in the Temporarily Occupied Territory of Ukraine" No. 1636-VII dated August 12, 2014.

5.3. The Agreement is valid for the period for which the prepayment is made plus one month after its expiration, but in any case until the Parties fulfill their obligations under the Agreement in full. Each prepayment by the Customer automatically extends the Agreement for the relevant period, taking into account the provisions of this clause of the Agreement.

5.4. Each of the Parties has the right to declare its intention to terminate the Agreement ahead of schedule 30 calendar days in advance.

5.5. Amendments and supplements to the Agreement, annexes hereto shall be made by the Operator unilaterally with advance (no later than 14 calendar days) notice of this 4 on the Operator's website. Such changes and additions shall enter into force upon their publication on the Operator's website.

5.6. The current version of the Agreement is accepted as a replacement for all previous versions and is valid both for new Customers and for Customers who have concluded the Agreement earlier.

5.7. The current version of the Agreement (with all annexes) is freely available on the Operator's Website.

6. PERSONAL DATA

6.1. The Customer's acceptance of the Agreement is a confirmation of its unconditional and irrevocable consent to the collection, processing and transfer of its personal data (in particular, to receive, enter into the database, distribute, transfer to third parties, supplement or other change, destruction and other actions that the Operator may perform with its personal data in written (paper), electronic and other form, including, but not limited to, the following data: name, surname, patronymic, date of birth, other passport data, registration number of the taxpayer's registration card, data of the Extract from the Unified State Register of Legal Entities, including the taxation system, communication number, electronic identification data (IP address, phone, e-mail), data on the place of residence, as well as other data voluntarily provided by the Customer in order to ensure the implementation of civil and economic relations, calculations, accounting and tax accounting, for communication and contractual relations with state bodies, counterparties and other third parties in the course of business, as for other purposes that do not contradict the current legislation. The Customer hereby confirms its consent that, if necessary, its personal data may be processed and provided to third parties.

6.2 The Operator shall ensure proper protection of personal data from illegal processing and illegal access in accordance with the requirements of the personal data protection laws of Ukraine, including taking necessary measures to prevent personal data disclosure by employees and/or other authorized persons of the Parties, whom such personal data has been entrusted to or who have become aware of such data due to the performance of obligations under this Agreement.

6.3. The Operator shall not be liable for any processing, failure to provide access to and protection of the Customer's personal data by third parties, including the Operator's employees, if the provision of access to such personal data (or other action that created the possibility of further unauthorized processing by third parties) was committed by the Operator or another person with the permission of the Customer outside the performance of obligations under the Agreement for personal purposes or other purposes not related to the performance of obligations under the Agreement, using technical means or other materials/equipment of the Operator.

7. LIABILITY OF THE PARTIES

7.1. The Parties shall be liable for failure to perform or improper performance of their obligations hereunder pursuant to the current legislation of Ukraine.

7.2. The Operator has the right to terminate the Agreement unilaterally in case of violation by the Customer of the terms of the Agreement, notifying the Customer of such termination 10 (ten) working days before the planned date of such termination (termination of the Agreement). If there is a prepayment balance on the Customer's personal account, the Operator shall return it to the Customer within 3 (three) business days from the date of termination of the Agreement.

7.3. The Operator shall not be liable for losses and other consequences that have occurred through no fault of the Operator (absence of the Customer or failure of computer equipment with the necessary set of software and hardware that meet the requirements for working with the Service; software and hardware shortcomings of the Customer's computer equipment; viruses and other malicious programs in its equipment; failures or restrictions introduced by the Customer's regional provider; non-compliance with the provisions of the Documentation, etc.).

7.4. The Operator shall not be liable for actions taken by the Customer when using the Service that contradict the current legislation of Ukraine, the Agreement (including the Documentation), which caused (caused) losses/damage and other negative consequences to third parties.

7.5. The Operator shall not be liable for actions performed on the Operator's website by third parties that contradict the current legislation of Ukraine, the Agreement (including the Documentation), which caused (caused) losses/damage and other negative consequences to the Customer.

7.6. The Operator is not responsible for the correctness of the Customer's statutory activities using the Service.

7.7. The Parties agree that all actions performed on the Operator's website by the person who specified the corresponding registration name (login) and password by which the Service identified it as the Customer shall be considered eligible and belong to the person representing the Customer.

7.8. The Operator is not responsible for the performance of actions on the Operator's website by an unauthorized person.

7.9. The Operator's liability arises if the inability to obtain Access by the Customer arises as a result of a significant violation by the Operator of the terms of the Agreement and/or the legislation of Ukraine. The Contractor shall reimburse the Customer for losses caused through the fault of the Contractor by non-performance or improper performance of the Agreement, in the amount and in an amount that cannot exceed the amount of the Access paid by the Customer, the failure to provide or improper provision of which caused such losses.

8. FORCE MAJEURE CIRCUMSTANCES

8.1 The period of performance by the Parties of their obligations hereunder may be suspended in the event of force majeure.

8.2. Force majeure circumstances (circumstances of insuperable force) are extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations stipulated by the terms of the Agreement, obligations under legislative and other regulations, namely Threat of war, armed conflict or serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, military operations, declared and undeclared war, actions of a public enemy, riots, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, rebellion, insurrection, mass riots, curfew, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, illegal actions of third parties, fire, explosion, long interruptions in the operation of transport regulated by the terms of relevant decisions and acts of state authorities, closure of sea straits, embargo, prohibition (restriction) of export/import, etc., as well as caused by exceptional weather conditions and natural disasters, namely epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, snow accumulation, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.

8.3. The Party affected by force majeure circumstances shall notify the other Parties thereof within 3 (three) calendar days.

8.4. After the termination of force majeure circumstances, the term of fulfillment of obligations shall be renewed.

8.5. If the force majeure continues for more than 30 (thirty) consecutive calendar days, the Parties shall have the right to terminate this Agreement. In this case, the losses caused by the termination of its validity shall not be reimbursed.

8.6. A certificate issued by the Chamber of Commerce and Industry of Ukraine shall be sufficient evidence of the impact of force majeure circumstances on the ability of the parties to fulfill their obligations hereunder.

9. SETTLEMENT OF DISPUTES

9.1. All disputes arising between the Parties shall be resolved in accordance with the procedure established by the legislation of Ukraine.

9.2. In case of disputes and disagreements on issues that are the subject of the Agreement or related to it, the Parties will take all possible measures to resolve them through negotiations.

9.3. If the Parties fail to reach an agreement, all disputes and disagreements arising in the performance of the Agreement shall be resolved in accordance with the current legislation of Ukraine.

10. MISCELLANEOUS

10.1. Neither Party has the right to transfer its rights under the Agreement to a third party without the written consent of the other Party.

10.2. The Parties have agreed that the agreement of the Parties on any issues regarding the provision of Access and/or fulfillment of obligations under the Agreement is possible through electronic correspondence of the Parties – by providing proposals and responses to each of them in electronic form through the interface and functionality of the Personal Account.

10.3 By signing the Agreement, the Customer certifies that it gives its unambiguous consent to the possibility of audio recording by the Operator of any telephone conversations between the Parties, their employees and/or representatives, and that it ensures the availability of consent and independently bears any risks and responsibilities regarding the notification and availability of consent of its employees and/or authorized representatives regarding the above audio recording of telephone conversations between them and the Operator, employees and/or representatives of the Operator. This audio recording of conversations may be carried out solely for the purpose of monitoring the quality of the provision of Access and is confidential, however, the recording of audio recording of conversations can also be used as evidence in the manner prescribed by the current legislation of Ukraine on the provision of evidence in court.

THE OPERATOR:

Private entrepreneur Dmytro Yatsenko
Individual tax number: 3394405252
Address: 35A Starosilska str., Novi Petrivtsi, 07354, Ukraine
Bank details:
IBAN UA513220010000026009300014145
at JSC "UNIVERSAL BANK" in Kyiv,
MFO 322001