Цей Договір публічної оферти (надалі також «Договір» або «Оферта») регулює відносини між Вами та ФОП Богацьким Олександром Вікторовичем (надалі – «Виконавець») щодо доступу до вебсайту https://www.uxis.academy/, а також Послуг Виконавця.
This clause determines the interpretation of the following terms, definitions and definitions used in this Agreement.
"Acceptance" — giving by the Customer full and unconditional consent to the Contractor's offer to purchase and consume the Services on the terms specified in the Offer by paying for the Services.
"Contractor" or "Executor" — creator and author of this course.
"User" — any natural person who has access to the Site.
"Customer" — the User who has accepted this Offer and to whom the Services are provided in accordance with the provisions of this Agreement.
"Site" — the Contractor's website, located at: https://www.uxis.academy/ and its subdomains, which includes a collection of information, texts, graphic elements, design elements, images, photos and video materials, and other results of intellectual activity, as well as informational and technical means and resources. The Site is managed by the Contractor.
"Services" are informational and educational services, consisting in providing the Customer with access to the educational course, and/or information and consulting services included in the Educational Course, as well as the Contractor's page in social networks or third-party online platforms. The scope, content and cost of the Services are determined by the Contractor at its discretion.
"Educational course" — a structured system of materials developed by the Contractor (which includes, but is not limited to, texts, video recordings, audio recordings), including regarding the process of developing UX/UI design.
"Content" — information in any form, including video, text, graphics, audiovisual or any other materials, developed, organized or provided by the Contractor in the process of providing Services to the Customer and which are included in the Educational Course.
"Software" (hereinafter - "Software") — Internet browser and other programs for transmission, storage, processing of information (Google Chrome, FireFox, Figma and similar) for accessing information resources located on the Internet, other programs for transmission, storage, information processing.
2.1 The subject of the Agreement is the provision of services by the Contractor to the Customer in accordance with the terms of this Agreement on a paid basis.
The Customer may choose one of the tariff plans at his discretion:
1) the "Individual" tariff plan is available only to individuals. Only one person is allowed to access and use the Educational Course. The customer is allowed to use the materials of the Educational Course (all processes, templates, methods provided by the Educational Course) for themselves or in their commercial projects. It is forbidden to share the Educational Course or any of its materials with other persons, resell this course or publish the Educational Course or any of its materials in open access;
2) the "Corporate" tariff plan is available to both individuals and legal entities. Access to and use of the Educational Course is permitted by all employees/involved persons of the Customer, within the Customer's team or company. It is forbidden to share the Educational Course or any of its materials with other persons, except those specified in this clause, to resell this course or publish the Educational Course or any of its materials in open access.
2.2 Payment is made by the Customer in accordance with the selected tariff plan.
3.1 Services under this Agreement are provided by the Contractor remotely via the Internet.
3.2 To access the Educational Course, the Customer must press the "Buy Course" button on the Site, after which it will be redirected to the Gumroad web service, where the Customer can pay for the Educational Course.
3.3 After successful payment, the Customer will receive an archive: a readme text file with links to Videos, Figma course files, a copy of the licensing agreement and fonts.
3.4 After purchase, the Customer receives unlimited access to the Educational Course.
3.5 Current information about the Educational Courses is placed by the Contractor in the relevant information block of the Site.
3.6 The customer independently determines the schedule of the Educational course.
4.1. The contractor undertakes:
4.1.1. provide the Customer with paid Services in accordance with the terms of this Agreement and the terms of the paid Educational Course;
4.1.2. after full payment for the Services, provide the Customer with access to the Educational Course through the relevant pages of the Contractor in social networks or a third-party online platform, in offline mode;
4.1.3. if it is provided by the paid Educational Course, to provide face-to-face or online information and consulting services;
4.2. The executor has the right to:
4.2.1. unilaterally change the content of the Educational Course, the Artist's pages in social networks;
4.2.2. place on the Site or on the Contractor's pages in social networks specialized recommendations for the performance of the tasks provided for in the Educational Course, as well as for additional actions that allow to increase the effectiveness of the results achieved by completing the Educational Courses;
4.2.3. unilaterally change and supplement the terms of this Agreement without prior notice to the Customer by publishing an updated version of the Agreement on the Site;
4.2.4. involve third parties to fulfill their obligations under this Agreement;
4.2.5. terminate this Agreement unilaterally in the cases and according to the procedure stipulated by this Agreement;
4.2.6. unilaterally refuse to provide Services.
4.3. The customer undertakes:
4.3.1. to pay for the Services on time and in full in accordance with the terms of this Agreement;
4.3.2. independently ensure compliance with the proper requirements for your personal computer and the Internet, as well as install the necessary software;
4.3.3. not to take actions that may harm the honor, dignity and/or business reputation of the Contractor and other Customers;
4.3.4. not to violate property, copyright and personal non-property rights of the Performer or third parties;
4.3.5. not to transfer in any way to third parties access to the Content, Online courses (including by conducting online broadcasts and/or publishing materials containing the Content (its parts));
4.3.6. do not copy or distribute in any way (do not publish, do not post on other resources on the Internet, do not transfer or resell to third parties) Content and other materials belonging to the Contractor and obtained in the process of providing Services, except for the use of materials, directly permitted by this Agreement.
4.3.7. not to use any device, software, algorithm, file, other tool or technology, including but not limited to viruses, slow-acting programs or imitative programs (bots), designed to harm or interfere with the Services or the Site, or take measures , which cause an unreasonable or disproportionately large load on the technical infrastructure of the Site;
4.3.8. not to make unauthorized use of the Site, including, in particular, unauthorized access to the Contractor's systems or other improper use of any information posted on the Site;
4.3.9. not to take actions using the Services that violate applicable law, this Agreement or any other agreement or policy governing the relationship between the Contractor and the Customer.
4.4. The customer has the right to:
4.4.1. to require the Contractor to provide information on issues related to the organization and ensuring the proper performance of the Services provided for in this Agreement;
4.4.2. to independently set the schedule of tasks provided by the Educational Course;
4.4.3. use and create on the basis of the materials of the Educational Course (all processes, templates, methods provided by the Educational Course) other materials for themselves or in their commercial projects, except for the creation of information products and services.
5.1. To receive the Services, the Customer must pay the cost of the Services in accordance with this Agreement and the selected tariff. Information about the cost of Services is indicated on the Site. The customer confirms that he is familiar with the cost of the Services. The cost of the Services may be changed by the Contractor at its discretion at any time unilaterally. Changes in the price of the Services take effect from the moment of publication on the Site and apply only to those Services for which an order has not yet been placed at the time of the price change.
5.3. The customer is solely responsible for the correctness of the payments made by him. The Customer is aware and agrees that all commissions and fees are paid by the Customer independently.
5.4. All costs and commissions related to the transfer of funds, including the services of a banking institution, Financial Agent, are borne by the Customer.
5.5. Funds paid for duly rendered Services are non-refundable.
6.1. In the event that the User and/or the Customer have technical problems when paying for the Educational Course or at the stage of providing the Services by the Contractor, such User and/or the Customer may contact the Contractor by writing to the following e-mail address: firstname.lastname@example.org.
6.2. The User and/or the Customer can provide feedback, leave feedback or ask questions to the Contractor through the functionality available on the Site. By providing feedback in any way, the User and/or Customer grants the Contractor an unlimited right in its sole discretion to use, disclose and otherwise exploit the feedback, in whole or in part, without any restriction or compensation to such User and/or or the Customer. Providing such feedback does not create any obligations for the Contractor. By accepting feedback, the Contractor does not waive any rights to use similar or related ideas or feedback previously known to the Contractor, developed by its employees or obtained from sources other than the User/Customer.
6.3. By indicating his e-mail when providing feedback or when filling out a separate form for subscription to news and promotions posted on the Site, the Customer and/or the User gives his consent to the use of such e-mail in the event that it is necessary to contact such Customer and/or or by the User regarding such feedback, and also gives consent to receive updated information, informational messages about the Services, other events, changes, updates of the Site, etc. to the User's and/or Customer's email address or other email specified at the time of subscription. If the User and/or the Customer wishes to refuse to receive such information, he can contact the Contractor through the means of communication indicated above.
7.1. Content and any other intellectual property objects placed on the Site or access to which is provided by the Contractor through the Contractor's pages in social networks or third-party online platforms, including, but not limited to, software code, marks for goods and services, design elements . international agreements and conventions.
7.2. The use of the Services does not grant the Customer intellectual property rights to the Content and other intellectual property objects to which the Customer receives or may receive access. The performer and legal rights holders retain all exclusive intellectual property rights to the Content belonging to them, including the right to prevent and prohibit the illegal use of the Content by third parties.
7.3. The customer is allowed to use the materials of the Educational Course (all processes, templates, methods provided by the Educational Course) for themselves or in their commercial projects.
8.1. All disputes related to this Agreement shall be resolved through negotiations between the Parties.
8.2. If the dispute cannot be resolved through negotiations, it is referred to the relevant court in accordance with the procedure established by the legislation of Ukraine.
9.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner stipulated by this Agreement and the current legislation of Ukraine.
9.2. In case of violation of the terms of this Agreement, the Customer is obliged to compensate the Executor for losses arising as a result of such violation.
9.3. The Contractor is not responsible for the Customer's use of any Services. Under no circumstances shall the Contractor be liable to the Customer or any third parties for any indirect, incidental, unintentional damages, including lost profit or lost data, unauthorized use of the Customer's personal data by third parties, damage to honor, dignity or business reputation, caused in connection with the use of the Services.
9.4. Any Content is for informational and educational purposes only. The Contractor does not make any guarantees regarding its completeness, timeliness or accuracy. The content may be changed without prior notice to the Customer/User.
9.5. Informational and advertising materials, links to other websites or mobile applications that may be contained on the Site are provided solely as indications of information that may be useful to the User, and the Contractor does not control the content of such advertising materials, websites or mobile applications.
9.6. The Contractor does not provide any guarantees regarding the content of such advertising materials, websites and mobile applications, including accuracy, completeness, reliability, and does not guarantee that such advertisers, websites and mobile applications or their content are not there are no claims regarding intellectual property rights, or other violations of third party rights, or that such advertising materials, websites, mobile applications or their content do not contain viruses or other harmful software.
9.7. The Contractor is not responsible for the Customer's use of any Content. Under no circumstances shall the Contractor be liable to the Customer and/or the User or to any third parties for any indirect, incidental, unintentional damages, including lost profit or lost data, unauthorized use of the Customer's and/or User's personal data by third parties, damage to honor, dignity or business reputation, caused in connection with the use of Content to which the Customer and/or User or other persons gained access through the Site or the provision of Services.
9.8. The Customer may use the information and/or materials obtained from the Educational Course at his own risk only in the manner established by this Agreement, and is independently responsible for the possible consequences of the use of such information and/or materials, including for the damage caused by such use can cause.
9.9. The Contractor is not responsible for any refusal or delay in the operation of the Site or the provision of Services, which is not dependent on the Contractor.
9.10. The Contractor provides Services on an "as is" and "as available" basis. The Contractor does not provide any guarantees regarding the accuracy, reliability and quality of the Services, the Content, their compliance with the Customer's expectations, the suitability of the Services and/or the Content for any of the Customer's purposes.
10.1. При виконанні даного Договору Сторони керуються умовами Договору та законодавством України. Питання, що не врегульовані цим Договором, регулюються відповідно до законодавства України.
10.2. Інформація, що надається у процесі користування Сайтом та Послугами, не призначена для поширення чи використання фізичними чи юридичними особами у будь-якій юрисдикції чи державі, де таке поширення чи використання буде суперечити місцевому законодавству або нормативним актам, і яке вимагає юридичної реєстрації у такій юрисдикції чи державі. Замовники та/або Користувачі, які мають доступ до Сайту та Послуг з інших юрисдикцій, роблять це за власною ініціативою і несуть особисту відповідальність за дотримання місцевих законів.
10.3. Будь ласка, ознайомтеся з нашою Політикою приватності, яка описує порядок захисту персональних даних.
10.4. Замовник не може передати свої права та обов'язки за цим Договором третім особам без попередньої згоди Виконавця. Виконавець має право передати права та обов'язки за цим Договором будь-яким третім особам у будь-який час без попереднього повідомлення.
10.5. Виконавець залишає за собою право вносити зміни і доповнення до умов цього Договору або розірвати Договір в будь-який момент на свій розсуд. Такі зміни вступають в силу з моменту розміщення зміненого тексту Договору мережі Інтернет за адресою https://www.uxis.academy/publichniy-dogovir, якщо інший термін вступу змін в силу не визначений додатково при такому розміщенні.
10.6. Цей Договір складений українською мовою, не вимагає двостороннього підписання та дійсний для Сторін в електронному вигляді.