Public offer (contract for the provision of services)

1. General provisions

1.1. The Contractor under the Contract is Individual entrepreneur Kovalchuk Vadym Volodymyrovych, taxpayer registration number 3637709974, who carries out business activity remotely through the babybe.app website (hereinafter referred to as the Site).

1.2. The Contract is a public contract within the meaning of Article 633 of the Civil Code of Ukraine: the Contractor undertakes to provide the Service to everyone who applies for it, and the terms of the Contract are the same for all Customers, save for those to whom the law grants the relevant benefits.

1.3. The Contract is a contract of adhesion within the meaning of Article 634 of the Civil Code of Ukraine: its terms are established by the Contractor in this offer, and the Customer accedes to them as a whole and does not propose other terms for individual clauses.

1.4. The version of the offer in force is the version published on the Site at the moment of acceptance. The date of the version in force is stated at the end of this page.

1.5. The Customer under the Contract may be a natural person who has reached the age of eighteen years and has full civil capacity. By performing the acceptance, such person confirms that this condition is satisfied.

1.6. The following documents published on the Site form an integral part of the Contract:

• 1) the Terms and Conditions of Service, which govern the technological procedure for forming the Result, the time limits and procedure for providing the Service, the territory of its provision and the payment methods;
• 2) the Refund Rules, which govern the grounds, procedure and time limits for refunding the amounts paid;
• 3) the Privacy Policy, which governs the composition, purpose, legal basis and periods of processing of personal data.

1.7. The terms of the documents named in clause 1.6 of the Contract apply to the extent that they do not contradict the terms of the Contract. In the event of a discrepancy, the terms of the Contract prevail.

1.8. The Contract is published in the Ukrainian and English languages. In the event of a discrepancy between the texts, the text in the Ukrainian language prevails.

2. Terms and definitions

2.1. In the Contract, the terms set out below have the following meanings:

• 1) the Site: the set of web pages available on the Internet at the address babybe.app, together with the software by means of which they operate;
• 2) the Service: the service of personal name selection for a child, provided remotely on the basis of the information supplied by the Customer, in one of the two forms established by section 3 of the Contract: the Personal Analysis or the Curated Selection;
• 2-1) the Personal Analysis: the form of the Service in which the selection is carried out automatically by the software of the Site and the Result is opened to the Customer immediately after the payment is confirmed;
• 2-2) the Curated Selection: the form of the Service in which the selection is carried out by a Curator with the participation of the Customer, includes at least one oral or written consultation and concludes with the Final Shortlist;
• 2-3) the Curator: the natural person engaged by the Contractor to provide the Service in the form of the Curated Selection;
• 2-4) the Final Shortlist: the result of the Curated Selection, consisting of three names agreed with the Customer, together with a written justification of each of them;
• 3) the Questionnaire: the set of questions of the Site and the answers of the Customer, in particular the surname and the patronymic of the child, the preferences as to the meaning and the sound of the name, the list of desired and undesired names, and the preferences as to the length and the frequency of the name;
• 4) the Result: the material created to the order of the Customer; for the Personal Analysis the Result consists of six names, each of which is placed under its own heading, and of a written justification of the selection of each such name, and for the Curated Selection the Result is the Final Shortlist;
• 5) the Personal Page: the page of the Site access to which is granted by a unique link and on which the Result is published;
• 6) the Order: the request for the provision of the Service formed by the Customer on the basis of the completed Questionnaire;
• 7) the acceptance: the actions of the Customer provided for in clause 4.2 of the Contract, the performance of which evidences acceptance of the terms of this offer;
• 8) the Confirmation of Information: the electronic message which the Contractor sends to the Customer in accordance with section 5 of the Contract;
• 9) the payment service: the WayForPay payment service through which payments are accepted for the benefit of the Contractor;
• 10) the Parties: the Contractor and the Customer jointly.

2.2. The terms electronic contract, electronic message and distance sale of goods (services) are used with the meanings set out in Article 3 of the Law of Ukraine “On Electronic Commerce”.

2.3. The term distance contract is used with the meaning set out in Article 1 of the Law of Ukraine “On Protection of Consumer Rights” of 12 May 1991 No. 1023-XII.

2.4. Other terms not defined by the Contract are used with the meanings set out in the legislation of Ukraine.

3. Subject matter of the Contract

3.1. The Contractor undertakes to provide the Service to the Customer, and the Customer undertakes to accept and to pay for it on the terms established by the Contract.

3.1-1. The Service is provided in one of two forms, which the Customer chooses independently on the Site before performing the acceptance: the Personal Analysis or the Curated Selection. The form chosen determines the composition of the Result, the time limits and procedure for providing the Service, its price, and the scope of the right of the Customer to rescind the Contract.

3.2. The Result of the Personal Analysis consists of six names, each of which is placed under its own heading, and of a written justification under each name stating which particular answers of the Customer the selection relies upon and how the selected name combines with the surname and the patronymic stated by the Customer.

3.2-1. The Curated Selection comprises the following actions of the Contractor: at least one consultation with the Customer and, at the wish of the Customer, with the second parent of the child; the selection of names by the Curator having regard to the composition of the family, the country of residence and the languages used by the family; the reconciliation of the wishes of both parents; the verification of how the name sounds together with the surname and the patronymic, and the verification of associations and of the risk of mockery. The Curated Selection concludes with the delivery of the Final Shortlist.

3.2-2. In order for the Service to be provided in the form of the Curated Selection, the Customer, after payment, states on the Site the means of contacting the Customer by choosing one of the messengers offered and indicating the corresponding identifier or telephone number. The Contractor uses the means of contact so stated solely for the provision of the Service. Until the Customer states such means of contact, the time limit established by clause 7.2-1 of the Contract does not begin to run.

3.3. The Result of the Personal Analysis is published on the Personal Page, access to which is granted by a unique link. The validity period of such link is not limited. The Final Shortlist is delivered to the Customer through the means of contact stated by the Customer under clause 3.2-2 of the Contract, or to the email address of the Customer.

3.4. The Service is provided remotely by means of information and telecommunication systems. No tangible medium of the Result is produced, no postal dispatch is carried out, and no postal operators or delivery services are involved in the performance of the Contract. The Curated Selection additionally involves direct communication between the Customer and the Curator through the means of communication chosen by the Customer.

3.5. The technological procedure for forming the Result, in particular the sequence of computations, checks and selection of names, is set out in the Terms and Conditions of Service.

3.6. The grounds, procedure and time limits for refunding amounts paid are set out in the Refund Rules. Section 10 of the Contract states these conditions in summary form and does not replace that document.

3.7. The Service is of an informational and advisory nature. The limits of liability of the Contractor arising from such nature of the Service are established by section 11 of the Contract.

4. Procedure for concluding the Contract and the moment of its conclusion

4.1. This offer constitutes a proposal to conclude a contract within the meaning of Article 641 of the Civil Code of Ukraine and contains all the essential terms the agreement upon which is required for the conclusion of a contract for the provision of services pursuant to Article 638 of the Civil Code of Ukraine.

4.2. The acceptance is performed by the Customer carrying out the following actions:

• 1) completing the Questionnaire on the Site and forming the Order;
• 2) stating a valid email address to which the Confirmation of Information is to be sent;
• 3) reviewing the terms of this offer and of the documents named in clause 1.6 of the Contract;
• 4) pressing the payment button and paying the price of the Service in accordance with section 6 of the Contract.

4.3. The performance of the actions provided for in clause 4.2 of the Contract constitutes full and unconditional acceptance of the terms of this offer and corresponds to part two of Article 642 of the Civil Code of Ukraine, according to which the performance by a person of actions in accordance with the terms of a proposal to conclude a contract constitutes acceptance of that proposal.

4.4. The Contract is deemed to be concluded from the moment the payment service confirms that the funds have been successfully debited from the payment instrument of the Customer. Execution of the Contract on paper and signature of its counterparts by the Parties are not required.

4.5. The Contract is concluded in electronic form in accordance with Article 11 of the Law of Ukraine “On Electronic Commerce” and, in terms of its legal consequences, is equivalent to a contract concluded in written form. The declaration of will of the Customer is evidenced in accordance with Article 12 of that Law.

4.6. The text of the Contract in the version in force at the moment of acceptance is retained by the Contractor and is provided to the Customer upon request sent to hello@babybe.app in a form suitable for storage and reproduction.

4.7. A Customer who does not agree with any term of this offer shall not perform the actions provided for in clause 4.2 of the Contract. Acceptance of the terms of the offer in part is not permitted.

5. Confirmation of Information

5.1. Before the acceptance is performed, the Contractor provides the Customer on the Site with the information required by part two of Article 13 of the Law of Ukraine “On Protection of Consumer Rights”, in particular the name and the location of the Contractor, the principal characteristics of the Service, its price, the payment procedure, the time limits and procedure for providing the Service, and the procedure for rescission of the Contract.

5.2. Upon confirmation of payment, the Contractor sends to the email address stated by the Customer an electronic message which constitutes the confirmation of information within the meaning of part three of Article 13 of the Law of Ukraine “On Protection of Consumer Rights”.

5.3. The Confirmation of Information contains the following particulars:

• 1) the name of the Contractor and the email address for enquiries;
• 2) a description of the Service and the composition of the Result;
• 3) the amount paid by the Customer;
• 4) the unique link to the Personal Page;
• 5) a notice stating that the provision of the Service by electronic means of communication commences immediately with the consent of the Customer before the expiry of the fourteen-day period for rescission of the Contract, and that from the moment the Service is provided the Customer has no right to rescind the Contract on the ground set out in item 1 of part five of Article 13 of the Law of Ukraine “On Protection of Consumer Rights”.

5.4. Information confirmed in accordance with clause 5.2 of the Contract may not be changed by the Contractor unilaterally, as established by part three of Article 13 of the Law of Ukraine “On Protection of Consumer Rights”.

5.5. Should the Confirmation of Information not be received, the Customer shall contact the email address hello@babybe.app, following which the Contractor shall send that message again. Failure to receive the message does not deprive the Customer of access to the Result on the Personal Page.

5.6. The Customer bears the risk of the consequences of stating an inaccurate or erroneous email address.

6. Price of the Service and procedure for settlements

6.1. The price of the Service in the form of the Personal Analysis amounts to $14.99. The price of the Service in the form of the Curated Selection amounts to $149. The price of the form chosen is displayed to the Customer on the Site before the acceptance is performed.

6.2. Payment is made by a single payment in full before the provision of the Service commences. The Contract does not provide for subscriptions, recurring payments, automatic renewal or any additional payments for obtaining the Result in the composition established by clauses 3.2 and 3.2-1 of the Contract. In particular, the number of consultations within the Curated Selection required to compile the Final Shortlist is not charged separately.

6.3. The currency of settlements is determined by the country of the Customer as established from the Customer’s connection to the Site: for Customers in Ukraine settlements are made in hryvnia, and for other Customers in United States dollars. The language version of the Site does not affect the currency of settlements. The amount and the currency of the payment are displayed to the Customer before the payment is confirmed. The funds are credited to the Contractor in hryvnia; the conversion is carried out by the bank that issued the payment card of the Customer.

6.4. Payment is made in cashless form by payment cards of the Visa and Mastercard payment systems, as well as by means of the Apple Pay and Google Pay services, through the payment service.

6.5. The payment card details of the Customer are entered on the side of the payment service, are not transferred to the Contractor and are not stored by the Contractor. The 3-D Secure protocol is applied when the payment is carried out, which provides for confirmation of the transaction by the bank that issued the payment card of the Customer.

6.6. The payment obligation of the Customer is deemed to be discharged from the moment the payment service confirms that the funds have been successfully debited.

6.7. The fees of the bank servicing the Customer, as well as the costs of currency conversion, are borne by the Customer in accordance with the contract concluded with that bank. The Contractor is not a party to the relations between the Customer and the bank that issued the payment card.

6.8. Methods of settlement not provided for in clause 6.4 of the Contract, in particular cash settlements and card-to-card transfers, are not accepted by the Contractor.

7. Time limits and procedure for providing the Service

7.1. The provision of the Service in the form of the Personal Analysis commences immediately upon confirmation of payment in accordance with clause 6.6 of the Contract.

7.2. The maximum period for providing the Service in the form of the Personal Analysis amounts to twenty-four hours from the moment of confirmation of payment.

7.1-1. The provision of the Service in the form of the Curated Selection commences at the moment of the first approach of the Curator to the Customer through the means of contact stated by the Customer under clause 3.2-2 of the Contract. Until that moment the provision of the Service is deemed not to have commenced.

7.2-1. The maximum period for providing the Service in the form of the Curated Selection amounts to fourteen days from the day on which the Customer stated the means of contact. That period is suspended for the time during which the Contractor awaits a response of the Customer required in order to continue the selection, and is extended by the duration of such waiting.

7.2-2. Should the Customer fail to state the means of contact and fail to respond to the approaches of the Contractor sent to the email address known to the Contractor within thirty days from the moment of confirmation of payment, the Contractor has the right to rescind the Contract unilaterally and to refund the amount paid to the Customer in full in accordance with section 10 of the Contract.

7.3. The Service is provided by granting the Customer access to the Result on the Personal Page. The unique link to the Personal Page is also sent as part of the Confirmation of Information.

7.4. Access to the Personal Page is obtained from any device by means of the unique link and does not require entry of a password.

7.5. The Service in the form of the Personal Analysis is deemed to have been provided properly and in full from the moment access to the Result is granted to the Customer. The Service in the form of the Curated Selection is deemed to have been provided properly and in full from the moment the Final Shortlist is delivered to the Customer. Execution and signature of a service delivery certificate are not provided for by the Contract. In the absence of written objections of the Customer sent to hello@babybe.app within fourteen days from the moment the Service is provided, the Service is deemed to have been accepted without objections.

7.6. Should access to the Result not be granted within the period established by clause 7.2 of the Contract for technical reasons, the Customer has the right to demand a refund of the amount paid in accordance with section 10 of the Contract.

7.7. The Service is provided without territorial restrictions, save for cases in which its provision is prohibited by the legislation of Ukraine, in particular by the legislation on sanctions.

8. Consent of the Customer to the commencement of the provision of the Service before the expiry of the period for rescission of the Contract

8.1. The Contract is a distance contract within the meaning of the Law of Ukraine “On Protection of Consumer Rights”, and therefore Article 13 of that Law applies to the relations of the Parties.

8.2. The Customer has the right to rescind the Contract by notifying the Contractor thereof within fourteen days from the moment of confirmation of information, as provided for by part four of Article 13 of the Law of Ukraine “On Protection of Consumer Rights”.

8.3. By choosing the form of the Personal Analysis and performing the acceptance, the Customer gives the Contractor consent to commence the provision of the Service by electronic means of communication before the expiry of the period stated in clause 8.2 of the Contract, and confirms that the Customer has been notified of the consequences of such consent in the Confirmation of Information in accordance with sub-clause 5 of clause 5.3 of the Contract.

8.4. In view of the consent given in accordance with clause 8.3 of the Contract, from the moment the Service in the form of the Personal Analysis is provided the Customer has no right to rescind the Contract on the ground set out in item 1 of part five of Article 13 of the Law of Ukraine “On Protection of Consumer Rights”, which provides that a consumer has no right to rescind a distance contract if the provision of the service by electronic means of communication with the consent of the consumer took place before the expiry of the period for rescission of the contract, of which the consumer was notified in the confirmation of information.

8.4-1. The restriction established by clause 8.4 of the Contract DOES NOT APPLY to the Service in the form of the Curated Selection, since its provision does not take place before the expiry of the period for rescission of the Contract: it commences with the first approach of the Curator in accordance with clause 7.1-1 of the Contract. Until such commencement the Customer has the right to rescind the Contract within the period established by clause 8.2 of the Contract and to obtain a refund of the amount paid in full.

8.4-2. Should the provision of the Service in the form of the Curated Selection have already commenced and the Customer declare rescission of the Contract within the period established by clause 8.2 of the Contract, the Contractor refunds the amount paid less the price of the part of the Service actually provided, in proportion to the volume of work performed, as provided for by part six of Article 13 of the Law of Ukraine “On Protection of Consumer Rights”. The volume of work performed is determined by the number of consultations held and by whether the Final Shortlist has been delivered.

8.5. An independent and additional ground for the restriction of the right of rescission in respect of the Personal Analysis is item 3 of part five of Article 13 of the Law of Ukraine “On Protection of Consumer Rights”, since the Result is made individually to the order of the Customer on the basis of the information supplied by the Customer, possesses features determined by the personal preferences of the Customer and, by its content, cannot be used by another person.

8.6. The provisions of this section do not restrict the right of the Customer to demand a refund on the grounds provided for in section 10 of the Contract and do not narrow the rights established by the legislation of Ukraine in the event that a service of improper quality is provided.

9. Rights and obligations of the Parties

9.1. The Contractor is obliged:

• 1) to provide the Service in the composition and within the time limits established by sections 3 and 7 of the Contract;
• 2) to send the Customer the Confirmation of Information in accordance with section 5 of the Contract;
• 3) to maintain access to the Result on the Personal Page by means of the unique link;
• 4) to consider enquiries of the Customer received at the address hello@babybe.app within the time limits established by the Contract;
• 5) to process the personal data of the Customer in accordance with section 13 of the Contract.

9.2. The Contractor has the right:

• 1) to engage third parties in the performance of the Contract, in particular providers of hosting, email and payment services, while remaining liable to the Customer for the provision of the Service;
• 2) to change the technology of forming the Result provided that its composition established by clause 3.2 of the Contract is preserved;
• 3) to suspend the operation of the Site for the purpose of technical maintenance;
• 4) to refuse to provide the Service and to refund the amounts received in full if the Questionnaire contains manifestly inaccurate information or if the actions of the Customer breach the legislation of Ukraine or harm the operation of the Site;
• 5) to require payment of the price of the Service in full before the provision of the Service commences.

9.3. The Customer is obliged:

• 1) to supply accurate information required for the provision of the Service, in particular a valid email address;
• 2) to pay the price of the Service in accordance with section 6 of the Contract;
• 3) to ensure, on its own, access to the Internet and the proper operation of its own equipment;
• 4) to observe the restrictions on the use of the Result established by section 14 of the Contract.

9.4. The Customer has the right:

• 1) to obtain the Service in the composition and within the time limits established by the Contract;
• 2) to obtain information on the status of the Order by sending an enquiry to the address hello@babybe.app;
• 3) to demand a refund on the grounds provided for in section 10 of the Contract;
• 4) to exercise the rights of a personal data subject in accordance with section 13 of the Contract.

9.5. The Parties exercise their rights and perform their obligations having regard to the requirements of Article 7 of the Law of Ukraine “On Electronic Commerce”.

10. Refund of funds

10.1. The amounts paid are refunded to the Customer solely for technical reasons, namely if:

• 1) the funds have been debited and access to the Result has not been granted;
• 2) the Result has been made available in an incomplete composition or with a technical error and the Contractor has not remedied it;
• 3) the funds have been debited twice for one Order, in which case the amount of the excess debit is subject to refund;
• 4) the payment has been made and the Order has not been formed.

10.1-1. In addition to the grounds set out in clause 10.1 of the Contract, the amount paid for the Service in the form of the Curated Selection is refunded to the Customer in full if the Customer declared rescission of the Contract before the first approach of the Curator (clause 8.4-1 of the Contract), and also if the Contractor failed to approach the Customer within the period established by clause 7.2-1 of the Contract. Should the provision of the Service have already commenced, the refund is made in accordance with clause 8.4-2 of the Contract.

10.2. Dissatisfaction of the Customer with the content of the Result, in particular with the names selected or with the text of the justification, does not constitute a ground for a refund, since the Service is individually determined and is provided on the terms established by section 8 of the Contract. This provision does not restrict the right of the Customer established by clauses 8.4-1, 8.4-2 and 10.1-1 of the Contract in respect of the Curated Selection.

10.3. In order to obtain a refund, the Customer sends an enquiry to the address hello@babybe.app stating the email address given at the time of payment, the date and the approximate time of the payment, the amount of the payment and the number of the Order if it is known to the Customer. It is not necessary to send the Contractor the full number of the payment card, its expiry date or its security code, and the Contractor does not accept such particulars.

10.4. The period for considering a refund enquiry amounts to two business days from the day of its receipt.

10.5. Where a decision to refund is taken, the Contractor initiates the refund within three banking days from the day such decision is taken.

10.6. The crediting of funds is carried out within the periods established by the bank that issued the payment card of the Customer and may take up to thirty days. The Contractor has no influence on such periods.

10.7. The refund is made by the same method and to the same payment instrument from which the payment was made.

10.8. The detailed grounds, procedure and time limits for refunds are set out in the Refund Rules.

11. Liability of the Parties and limitation of liability

11.1. For failure to perform or improper performance of obligations under the Contract, the Parties bear liability in accordance with the legislation of Ukraine and the Contract.

11.2. The Service is of an informational and advisory nature. The Service does not constitute a medical, legal, psychological, educational or astrological service, does not constitute an expert examination and does not constitute a forecast.

11.3. The Contractor does not assert and does not warrant any influence of a name upon the health, character, abilities, wellbeing or destiny of a child and does not associate the selected name with the occurrence of any future circumstances.

11.4. The final choice of the name of the child is made by the Customer independently and at the discretion of the Customer. The Contractor is not liable for the consequences of such choice, in particular for the assessments of third parties or for the decisions of the civil status registration authorities concerning registration of the chosen name.

11.5. The aggregate liability of the Contractor under the Contract, irrespective of the ground of the claim, is limited to the amount actually paid by the Customer for the Service.

11.6. The Contractor does not compensate for lost profit or indirect losses, unless otherwise established by mandatory rules of the legislation of Ukraine.

11.7. The Contractor is not liable for the impossibility of accessing the Personal Page caused by circumstances on the side of the Customer, in particular by a malfunction of equipment, the absence of access to the Internet, the settings of the email service of the Customer, including the classification of the Confirmation of Information as junk mail, or by the actions of persons to whom the Customer has passed the unique link.

11.8. The Customer is responsible for the accuracy of the information supplied. Failure to receive the Confirmation of Information as a result of the Customer stating an inaccurate or erroneous email address does not constitute non performance of the Contract by the Contractor; in such case the Contractor sends the Confirmation of Information again upon the enquiry of the Customer.

12. Force majeure

12.1. The Parties are released from liability for failure to perform or improper performance of obligations under the Contract if it is caused by circumstances of force majeure, that is by extraordinary and unavoidable circumstances which arose after the acceptance was performed.

12.2. Circumstances of force majeure include, in particular, armed aggression and military actions, missile strikes, the introduction of martial law or a state of emergency, emergency and scheduled disconnections of electric power, failures in electronic communication networks, cyberattacks on infrastructure, failures of trunk data transmission channels, cessation of the operation of providers of hosting, email and payment services, epidemics, as well as acts of public authorities which render the performance of obligations impossible.

12.3. The occurrence and the duration of circumstances of force majeure are certified in accordance with the legislation of Ukraine, in particular by a certificate of the Ukrainian Chamber of Commerce and Industry.

12.4. For the duration of circumstances of force majeure, the period for the performance of obligations under the Contract is postponed by a period equal to the duration of such circumstances.

12.5. Should access to the Result not be granted as a result of circumstances of force majeure, the amounts paid are refunded to the Customer in full in accordance with section 10 of the Contract.

13. Processing of personal data

13.1. The processing of the personal data of the Customer is carried out in accordance with the Law of Ukraine “On Protection of Personal Data” of 1 June 2010 No. 2297-VI and the Privacy Policy published on the Site.

13.2. The controller of the personal data is the Contractor. The purpose of the processing is the conclusion and performance of the Contract, the provision of the Service, the carrying out of settlements, the consideration of enquiries of the Customer and the fulfilment of obligations established by the legislation of Ukraine.

13.3. By performing the acceptance, the Customer gives consent to the processing of the personal data supplied by the Customer to the extent required for the performance of the Contract and confirms that the Customer has been notified of the controller of the personal data, of the composition and the purpose of the processing and of the rights provided for by Article 8 of the Law of Ukraine “On Protection of Personal Data”.

13.4. The information stated by the Customer in the Questionnaire is used for forming the Result and is not transferred to third parties, save for the persons engaged in the performance of the Contract pursuant to sub-clause 1 of clause 9.2 of the Contract and save for the cases established by law. The list of such persons is set out in the Privacy Policy.

13.5. The Customer exercises the rights of a personal data subject, in particular the right of access to the data, the right to have the data amended and the right to have the data erased, by sending an enquiry to the address hello@babybe.app or in accordance with the procedure established by the Privacy Policy.

13.6. The Customer is not obliged to communicate to the Contractor any information which is not required for the provision of the Service.

14. Intellectual property and use of the Result

14.1. The Site, its software, structure and texts, the methodology of name selection and the texts of the justifications forming part of the Result are objects of intellectual property rights protected by the legislation of Ukraine on copyright.

14.2. A name as such is not an object of intellectual property rights, and the use by the Customer of the selected name is not restricted by the Contract.

14.3. From the moment the Service is provided, the Customer is granted a non exclusive right to use the Result for personal needs not connected with business activity, without limitation as to period or territory, in particular to store, to reproduce and to print the Result and to show it to third parties.

14.4. The Customer is prohibited:

• 1) from reproducing the Result or any part of it for the purpose of sale, of granting access to it for a fee or of otherwise deriving income;
• 2) from using the Result or the methodology underlying it in order to provide third parties with services analogous to the Service;
• 3) from presenting the Result as its own work or as the work of another person;
• 4) from carrying out automated collection of the Result and of other materials of the Site, in particular for the purpose of training natural language processing models.

14.5. The unique link to the Personal Page is not protected by a password. The Customer decides independently to whom the link is passed and bears the risk of the consequences of its dissemination.

15. Term of the Contract and procedure for amendments

15.1. The Contract enters into force from the moment of acceptance and remains in force until the Parties have performed their obligations in full.

15.2. The provisions of sections 11, 13 and 14 of the Contract remain in force after the Service has been provided.

15.3. The Contractor has the right to amend the terms of this offer unilaterally by publishing a new version on the Site. A new version enters into force from the moment of its publication.

15.4. The version of the offer in force at the moment of acceptance applies to the relations of the Parties. An amendment of the offer made after the acceptance does not change the terms of the Contract concluded.

15.5. An amendment of the offer does not extend to information confirmed in accordance with section 5 of the Contract: such information may not be changed by the Contractor unilaterally.

15.6. The Contractor has the right to withdraw the offer by ceasing to publish it on the Site. Withdrawal of the offer does not terminate contracts concluded before the moment of withdrawal.

15.7. The Contract may be rescinded by agreement of the Parties, as well as in other cases provided for by the Contract and by the legislation of Ukraine.

16. Settlement of disputes

16.1. The substantive law of Ukraine applies to the relations of the Parties under the Contract.

16.2. Disputes and disagreements are settled by way of negotiations. The Customer sends an enquiry to the address hello@babybe.app stating the substance of the demand and the circumstances on which it is based.

16.3. An enquiry sent from the email address stated at the time of placing the Order is deemed to have been duly sent and is considered on the merits.

16.4. The period for considering an enquiry amounts to fourteen calendar days from the day of its receipt, save for refund enquiries, to which the period established by clause 10.4 of the Contract applies.

16.5. Should agreement not be reached, the dispute is settled by a court in accordance with the legislation of Ukraine. The right of the Customer as a consumer to apply to a court at the registered place of residence or stay of the Customer is not restricted by the Contract.

17. Details of the Contractor

17.1. Full name: Individual entrepreneur Kovalchuk Vadym Volodymyrovych.

17.2. Taxpayer registration number: 3637709974.

17.3. Registered address: 15 Shevchenka St., Malyn, Zhytomyr region, 11601, Ukraine.

17.4. The actual address coincides with the registered one.

17.5. Telephone number: +380 73 390 00 00.

17.6. Email address for enquiries: hello@babybe.app.

17.7. Website address: babybe.app.