User agreement

Improve.me's mission is to make life better with new knowledge. The site allows anyone anywhere in the world to create and share educational materials (teachers) and to register for access to educational materials (students). The trading platform model proposed by the Rightholder is best suited for providing useful educational materials to Users. In order to maintain the security of the platform and services for Users, the Rightholder and the community of teachers and students, the Rightholder has developed certain rules that are set forth in this User Agreement. Such rules apply to all activities on the https://improveme.tech/ website.

Also, the Privacy and Protection of Personal Data Policy contains detailed information on the processing of such Personal Data of Users.

 

1. Definition of concepts

1.1. "Site" means an information unit on the Internet, a resource of web pages (documents) that are united by a common theme and connected to each other by means of links, as well as the Improve.me platform. The site is registered to the Rightholder and must be linked to a specific domain, which is the address of the Site. This User Agreement is designed for the following site: https://improveme.tech/.

1.2. "User" means a legal entity or a natural person (teacher and student) who:

·     uses the Site and/or gained access to the Content and/or services provided using the Site;

·     gave his consent to comply with the rules of using the Site, set forth in the text of this Agreement, by placing a special symbol in the designated field on the Site.

1.3. "Rightholder" means the person in whose name the Site is registered, namely the individual entrepreneur Totskyi Roman Oleksandrovych, RNOKPP 3539603498, who is the owner of the Site and manages the Site.

1.4. "Site content" is all objects placed by the Rightholder and/or third parties (with the Rightholder's permission) on the Site, including design elements, text, graphic images, illustrations, videos, programs, music, sounds, information, messages and/or other objects of similar purpose, their selections or combinations.

1.5. "Site software" means software developed by the Rightholder (and/or third parties on behalf of the Rightholder) for the Site, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc.

1.6. "Services" means collectively Site Content and Site Software.

2.   General provisions

2.1. This Agreement defines the rules and procedure for using the Site, the rights and obligations of Users, and also regulates the behavior of Users when accessing the Site.

2.2. This Agreement is a contract of accession in the context of Articles 633, 634 of the Civil Code of Ukraine and international agreements, which excludes the possibility of the User to offer his terms of such an Agreement.

2.3. This Agreement is binding on both the Rightholder and the User.

2.4. The copyright holder reserves the right to unilaterally amend the terms of this Agreement and/or withdraw the offer at any time at its own discretion, without prior warning (notification) to the Users. The new version of the Agreement enters into force from the moment of its posting, unless otherwise provided by the terms of the new version of such Agreement. The user is obliged to independently monitor the current edition of the Agreement.

2.5. Continued use of the Site after any changes to the Agreement is an unambiguous and sufficient confirmation of the User's agreement with the new terms of the Agreement.

2.6. The User agrees that by registering on the Site, accessing and/or using the Site's Services/Content, the User agrees to enter into a legally binding agreement with the Right Owner. If the User does not agree to the terms of this Agreement, then do not register, access or otherwise use any Services.

2.7. If the User is a teacher and accepts the Terms and uses the Services of the Site on behalf of a company, organization, government or other legal entity, such User represents and warrants that he has the appropriate authority.

2.8. Any version of this Agreement in a language other than Ukrainian is provided for convenience, and the User understands and agrees that the Ukrainian language version will prevail in case of any disputes

2.9. If any part of this Agreement is held to be invalid or unenforceable under the applicable laws of Ukraine, such provision will be replaced by a valid and enforceable provision that most closely matches the intent of the original provision, while the remaining terms of this Agreement will remain in effect.

2.10. In the event that the Rightholder did not immediately exercise his own rights and/or waived his own rights, this does not mean a waiver of the Rightholder's rights defined by this Agreement, and the Rightholder has the right to demand compliance with such rights in the future. If the Rightholder decides to waive any of his own rights in a specific situation, this does not mean a waiver of the Rightsholder's rights in general in the future.

3.      Account

3.1. In order to use the Site, Users should not be restricted in their right to access the Site and/or the Site Content and/or the Services based on a court decision that has entered into force, or in cases provided for by the current legislation of Ukraine and/or the terms of this Agreement.

3.2. To use most of the Site's functions, you must have an account. The User is solely responsible for keeping the password in a safe place, as the User is responsible for all actions related to his own account. The User  must reach the age of consent to use online services in the User's country of residence in order to use the Site.

3.3. A user must have an account to use most features of the Site, including to purchase and access materials or to submit materials for publication. When setting up and maintaining an account, the User must provide and continue to provide accurate and complete information, including a valid email address.

3.4. The User assumes full responsibility for their own account and all activities in the User's account, including for any damages (caused by us or any other person) arising in connection with the use of any account of the User without the User's permission by third parties. This means that the User must be careful when handling the password to his own account.

3.5. The user must not transfer his account to third parties and/or use someone else's account. If the User contacts the Rightholder to request access to the account, the Rightholder will grant the User such access only if the User provides information necessary to confirm the User's right to own the relevant account.

3.6. In case of death of the User, his account will be closed.

3.7. You may not share your login credentials with any third party. The User is responsible for their own account actions, and the Rights Holder will not intervene in disputes between students or teachers who have shared their login credentials. The Rightholder may request some information about the User to verify that such User is indeed the owner of the relevant account.

4.   Intellectual property and rights of the Rightholder

4.1. All intellectual property rights, including proprietary intellectual property rights, all Site Content, as well as the Site, including current and future programs and services, as well as objects such as logos, APIs, code and materials, belong to the Rightholder without exception. created by employees of the Rightholder. The software of the site, the Content of the site, the Improve.me platform and the Services are protected by copyright and trademark in accordance with the provisions of the current legislation of Ukraine, as well as international treaties and conventions in the field of intellectual property protection. The User has no right to interfere with the operation of the Site and/or use the Site Content without permission.

4.2. All rights, intellectual property rights and proprietary rights in the Improve.me platform and the Services, including the Site, existing and/or future applications, APIs, databases and materials sent or provided by the Rightholder's employees or partners using the Services (under with the exception of materials provided by teachers and students), are and remain the exclusive property of the Rightholder and the Rightholder's licensors.

4.3. Any feedback, comments or suggestions that the User may provide regarding the Improve.me platform, the Rightholder and/or the Ambassador are purely voluntary, and we, the Rightholder, have the right to use such feedback, comments or suggestions at our own discretion and without any obligation. to the User.

4.4. The User may not perform any of the following actions while accessing or using the Site (Improve.me platform):

·       gain access to, interfere with the functioning of, or use sections of the Improve.me platform closed from public access (including material storage), Improve.me's computer systems, or the technical data transmission systems of Improve.me's service providers.

·       disable, interfere with or attempt to circumvent any security-related features of the Improve.me Platforms, or search, scan or test the vulnerability of any Site systems;

·       copy, modify, create derivative works of, disassemble, disassemble or otherwise attempt to discover the source code or materials on the Improve.me platform or the Services;

·       access or search or attempt to access or search the Improve.me Platform by any means (automated or otherwise) other than the currently available search functionality provided through the Site, mobile applications or APIs (and only in accordance with the terms and conditions of such API);

·       you may not use web scraping, crawlers, crawlers or use other automated means of any kind to access the Services;

·       use the Services in any way to send data that indicates an altered, misleading or false source of such data (for example, sending e-mail messages purporting to be Improve.me); and/or interfere with or disrupt (or attempt to do so) the access of any User, computer or network, including without limitation, sending viruses, overloading, posting redundant comments, spamming or mass mailing on the Improve Platform .me or through the Services or any Site and Services.

4.5. Users are prohibited from copying, reproducing, modifying, compiling, distributing, displaying in any form, publishing, uploading, transmitting, selling and/or otherwise distributing and/or using Site Content and Site Software, except when such actions are expressly permitted the terms of this Agreement and/or the norms of the current legislation of Ukraine.

4.6. Nothing in the text of this Agreement can be interpreted as transferring to the User any exclusive rights to the Improve.me platform, the Site, the Site Content (in whole and/or separately), the Services and/or the site software.

4.7. The Rightholder has all rights to trademarks (marks for goods and services), commercial (business) names, brands, logos registered in the Rightholder's name (hereinafter referred to as "Trademarks"). Such Trademarks are protected by the current legislation of Ukraine and nothing in the text of this Agreement can be interpreted as granting any license to the User to use such Trademarks.

5. Procedure for working with the Site

5.1. When using the Site, the User undertakes to comply with the following rules:

·     comply with all obligations assumed by the User in connection with joining this Agreement;

·     not to take any actions (with or without the use of automation tools) aimed at collecting any personal data of other Users;

·     not to take any actions or assist third parties in taking actions aimed at undermining the operation of the Site, including, but not limited to: uploading viruses and/or malicious code; take actions that may lead to the Site being disabled, the normal operation of the Site and/or the site software, and/or the deterioration of the appearance of the Site and/or the Site Content.

·     not take any other action that is illegal, fraudulent, discriminatory or misleading.

5.2. The use of the Site's Services/Content and the User's behavior on the Site must comply with the requirements of the local and national legislation of the User's country of residence. The User is fully responsible for his own awareness and compliance with the requirements of current legislation that apply to the User.

5.3. The right holder is not responsible for payment and refunds for Services on partner platforms that are connected to the Site.

5.4. The Rightholder may, at its sole discretion, insist on compliance with the terms of this Agreement. The Rightholder has the right to limit or terminate the User's permission to use the Site and/or the Services and/or the Site Content, or to block the User's account at any time, with or without notice, for any reason or for no reason whatsoever - what is a violation of the terms of this Agreement, if:

·       The User fails to pay any fees on time;

·       in case of receipt of fraudulent refund requests, at the request of law enforcement agencies or state institutions, after a long period of inactivity of the User on the Site, due to unforeseen technical errors or problems;

·       The Rightholder suspects that the User is involved in fraudulent and illegal activities or in the presence and/or absence of any other reason.

In the event of such termination, the Rightholder may delete the User's account.

5.5. The User's materials may be available on the Site, even if the account of the respective User has been blocked or terminated.

5.6. The User agrees that the Rightholder bears no responsibility to the User and/or any third party for the termination of the relevant User's account, deletion of the User's materials and/or blocking of the User's access to the Site, Services and/or Content.

6. Request for information

6.1. If the User has any questions regarding the terms of this Agreement and/or the procedure/methods of their implementation, the User may address such questions to the Rightholder by contacting the support service in the User's personal account.

6.2. Employees and representatives of the Rightholder undertake to make all possible efforts to respond to such a request within a reasonable period of time.

7.      Disclaimer

7.1. In the event that the Improve.me platform does not work either in connection with scheduled maintenance and/or due to any problems on the Site, the User agrees that he will not make retroactive claims against the Rightholder in all of the above cases

7.2. Access to the Site, Improve.me platform and Services is provided to the User "as is". The Rightholder does not promise and does not guarantee that the Services of the Improve.me platform and/or the Site may and/or may not suit the needs, goals, expectations of the User, and therefore the Rightholder does not guarantee any specific result or consequence as a result of the use User of the Improve.me platform, Site and/or Services.

7.3. The copyright owner (and its affiliates, suppliers, partners and agents) makes no representations or warranties as to the suitability, reliability, availability, timeliness, security, error-free or accuracy of the Services or its materials, and expressly disclaims any - any warranties or conditions (express or implied), including warranties of merchantability, fitness for a particular purpose, legal validity and non-infringement of intellectual property rights.

7.4. The Rightholder (and its affiliates, suppliers, partners and agents) does not make any guarantees that the User will obtain specific results from the use of the Services. The use of the Services (including any materials) is carried out solely at the User's own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to the User.

7.5. The Rightholder may decide to stop providing certain features of the Services at any time and for any reason. Under no circumstances shall the Rightholder and its affiliates, suppliers, partners and agents have any liability for any damages resulting from such termination or lack of access to such features.

7.6. The Rightholder shall not be liable for any delay or inability to provide any of the Services as a result of events beyond the Rightholder's control, such as acts of war, unrest or sabotage; natural disasters; disconnection of electricity supply, Internet or telecommunications; or state restrictions.

8.      Other terms

8.1. All disputes and disagreements arising during the implementation of the terms of this Agreement shall be resolved through negotiations between the Rightholder and the User.

8.2. In the event that it is impossible to reach an agreement through negotiations, the dispute is referred for resolution in court in accordance with the norms of the current legislation of Ukraine.

8.3. This Agreement and the relationship between the Rightholder and the Users are concluded in accordance with the norms of the current legislation of Ukraine. Issues not regulated by this Agreement are regulated by the current legislation of Ukraine.

8.4. The right holder does not undertake any obligation to notify Users of future changes to the text of this Agreement. If the User continues to use the Site after changes and/or additions to the text of this Agreement, it means that the User is familiar with the changes and/or additions and has accepted them in full without any objections.