Terms and conditions of service

1. General provisions

1.1. These Terms and Conditions of Service (hereinafter referred to as the Terms) have been drawn up in accordance with the legislation of Ukraine and govern the provision of the service of personal name selection for a child (hereinafter referred to as the Service), which is provided remotely by means of the Internet through the babybe.app website.

1.2. The parties to the relations governed by these Terms are the business entity whose details are set out in section 2 of these Terms (hereinafter referred to as the Contractor) and the natural person who orders and pays for the Service (hereinafter referred to as the Customer).

1.3. Placing an order and making payment confirm that, prior to entering into the contract, the Customer has reviewed these Terms in full, that their content is clear to the Customer and that the Customer accepts them without reservation.

1.4. These Terms apply together with the Public Offer (contract for the provision of services) and the Refund Rules, which are published on the Contractor’s website and which, taken together with these Terms, define the rights and obligations of the Parties.

1.5. Should any provision of these Terms admit of more than one interpretation, it shall be construed in accordance with the Public Offer.

2. Details of the Contractor

2.1. Full name of the Contractor: Individual entrepreneur Kovalchuk Vadym Volodymyrovych.

2.2. Taxpayer registration number: 3637709974.

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

2.4. The actual address coincides with the registered one.

2.5. Contact telephone number: +380 73 390 00 00.

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

3. Subject matter of the Service and composition of the Result

3.1. The Service consists of the personal selection of a name for the child of the Customer, carried out on the basis of the answers provided by the Customer in the form on the Contractor’s website.

3.2. The result of the provision of the Service (hereinafter referred to as the Result) consists of six names, each of which is placed under its own heading and accompanied by a written justification stating which particular answer of the Customer it relies upon and how it combines with the surname stated by the Customer.

3.3. The Result is placed on a personal page, access to which is granted by a unique link that has no expiry date and opens from any device without entry of a password.

3.4. The headings of the sections of the Result are reproduced as follows:

• 1) “Everything at once” meaning, taste and sound come together best
• 2) “By meaning” carries most exactly what you want to pass on
• 3) “By sound” sounds best in the full name
• 4) “By your taste” closest to the names you said you like
• 5) “Works anywhere” sits naturally across ages, languages and countries
• 6) “Unexpected” an unobvious name that fits you strikingly well

3.5. The wordings set out in clause 3.4 of these Terms reproduce the headings of the sections of the Result verbatim and constitute statements which the Contractor undertakes to substantiate by the computations provided for in section 4 of these Terms.

3.6. The Service is digital in nature, is provided exclusively by means of the Internet and does not involve the transfer of any tangible medium.

3.7. The Service is provided in one of two forms, which the Customer chooses before payment. Clauses 3.1 and 3.6 of these Rules describe the form of the Personal Analysis. The second form is the Curated Selection, in which the selection is carried out by a curator with the participation of the Customer.

3.8. The Curated Selection comprises 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 of 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 result of the Curated Selection is a final shortlist of three names agreed with the Customer, together with a written justification of each of them.

3.9. The computations provided for by section 4 of these Rules apply to the Personal Analysis. The Curated Selection is carried out by a curator, and the Contractor does not assert that its result is obtained automatically.

4. Procedure for forming the Result

4.1. The processing of the information provided by the Customer, as a result of which the Result is formed, consists of a computational part performed by deterministic program code and a textual part performed by a natural language processing model.

4.2. The computational part comprises the following operations:

• 1) normalisation of the surname, in the course of which its syllabic structure, the type of its ending and its initial are determined, while the Latin form is produced in accordance with the official transliteration scheme approved by Resolution of the Cabinet of Ministers of Ukraine No. 55 of 27 January 2010;
• 2) assessment of the combination of the given name with the surname, which comprises seven separate checks, namely: coincidence of letters at the junction of the two words; the rhythmic structure of the syllables; the clash of two plosive consonants; the letter combination forming the initials; a word arising at the junction of the given name and the surname; the root of the given name occurring within the surname; the behaviour of the combination when transferred into another language;
• 3) determination of the sound structure of the given name without the use of a dictionary, namely the syllables, the type of each sound, the stress and the character of the ending;
• 4) verification of whether the junction of the given name and the surname forms a self-contained word.

4.3. Each of the checks provided for in sub-clause 2 of clause 4.2 of these Terms carries its own weight, and the sum of the weights equals one. A violation removes the entire weight of the relevant check, a partial correspondence removes one half of that weight and the absence of findings removes nothing, whereby each removal is accompanied by a statement of its reason.

4.4. Given that stress in the Ukrainian language is free, in cases where the stress has been determined heuristically rather than from a dictionary, the rules that depend upon it shall not be applied.

4.5. On the basis of the information computed in accordance with clause 4.2 of these Terms, the natural language processing model forms twelve candidates, stating for each of them the root and the justification with reference to a particular answer of the Customer.

4.6. The candidates so formed are subject to selection rules which exclude a candidate in full rather than lower its score, namely:

• 1) a candidate whose justification refers to an option not chosen by the Customer is excluded;
• 2) it is separately verified whether the proposed word is a name by which persons are in fact called, and not a word bearing the corresponding meaning, and not a diminutive form presented as a full one;
• 3) statements that cannot be substantiated, in particular statements concerning frequency, statistics and well-known bearers, are not permitted.

4.7. The allocation of the six headings set out in clause 3.4 of these Terms is performed by program code and not by the natural language processing model. A name placed under a particular heading must have the highest value of the corresponding characteristic among the six names provided, with the exception of the heading “Everything at once”, which is determined by the aggregate of three characteristics.

4.8. At the final stage, the natural language processing model sets out the computed data in natural language without adding any new information, after which a check is applied for the appearance in the text of any number, language, country or name that was not contained in the data supplied to the model.

5. Price of the Service and payment methods

5.1. The price of the Personal Analysis amounts to $14.99, and the price of the Curated Selection amounts to $149. The form chosen is payable in a single payment. Recurring payments, automatic renewal and additional payments for extending the composition of the Result do not apply; the number of consultations within the Curated Selection is not charged separately.

5.2. Payment for the Service is made in cashless form through the WayForPay payment service by the following methods:

• 1) by payment cards of the Visa and Mastercard payment systems;
• 2) by means of the Apple Pay and Google Pay payment services.

5.3. No other methods of settlement are accepted by the Contractor, and in particular cash payments, cash on delivery and card-to-card transfers are not accepted.

5.4. The payment obligation of the Customer is deemed to be discharged from the moment the payment service confirms that the payment has been successfully carried out.

6. Security of payment

6.1. The payment card details are entered by the Customer on the side of the WayForPay payment service, are not transferred to the Contractor’s website and are not stored by the Contractor.

6.2. 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.

6.3. The Contractor has no access to the payment card details of the Customer and does not process them in any form.

7. Time limits and procedure for providing the Service

7.1. The Service is provided immediately upon confirmation of payment by granting access to the Result on the page from which the payment was made and by sending a link to the Result to the email address stated by the Customer.

7.2. The maximum period for granting access to the Result amounts to twenty-four hours from the moment the funds are debited from the payment instrument of the Customer.

7.3. Should access to the Result not be received within 24 hours from the moment the funds are debited, the Customer shall contact the email address hello@babybe.app, following which the Contractor shall either grant access to the Result or refund the amount paid in full in accordance with the procedure established by the Refund Rules.

7.3-1. The Curated Selection is provided differently: after payment the Customer states on the Site the means of contacting the Customer by choosing one of the messengers offered; the curator approaches the Customer through that means, and it is that approach which constitutes the commencement of the provision of the Service. The maximum period for providing the Curated Selection amounts to fourteen days from the day on which the Customer stated the means of contact; that period is suspended while a response of the Customer is awaited. The Service is deemed to have been provided from the moment the final shortlist is delivered.

7.4. The Personal Analysis is deemed to have been provided in full from the moment access to the Result is granted to the Customer.

8. Territory of provision of the Service

8.1. The Service is provided throughout the entire territory where access to the Internet is available, with the exception of the territory of russia and belarus.

8.2. There is no physical delivery and there can be none, since the Service is digital and is provided exclusively by means of the Internet.

8.3. On the grounds set out in clause 8.2 of these Terms, lists of cities of delivery, lists of courier services, collection in person and cash on delivery do not apply to this Service.

9. Language of service and currency of settlements

9.1. The currency of settlements is determined by the country of the Customer: for Customers in Ukraine settlements are made in hryvnia, and for Customers in other countries in United States dollars. The language in which the website is displayed does not affect the currency of settlements.

9.2. The amount and the currency displayed to the Customer before the payment is confirmed are the amount and the currency debited from the payment instrument of the Customer.

10. Requirements applicable to the Customer

10.1. The Customer may be a natural person who has attained the age of majority, who possesses full legal capacity and who uses a payment card of which that person is the holder.

10.2. The use of a payment card of which the Customer is not the holder, without the knowledge of that holder, constitutes grounds for cancellation of the order and for a refund of the amount paid in accordance with the procedure established by the Refund Rules.

11. Procedure for enquiries of the Customer

11.1. Enquiries shall be submitted to the email address hello@babybe.app or by telephone at +380 73 390 00 00.

11.2. The period for considering a written enquiry and providing a reply to it amounts to two working days from the day the enquiry is received by the Contractor.

11.3. The enquiry shall state the email address given when the order was placed and the date of the payment, so that the order can be identified.

12. Final provisions

12.1. These Terms, together with the Public Offer and the Refund Rules, constitute a single set of documents governing the relations between the Contractor and the Customer.

12.2. The version of these Terms in force at the moment of payment for the Service applies to the relations of the Parties.

12.3. In respect of matters not governed by these Terms, the Parties shall be guided by the legislation of Ukraine.