1. This document is a proposal (offer), the provisions of which are regulated by Articles 633 and 641 of the Civil Code of Ukraine, FOP/LLC Individual - entrepreneur Oleksandr Vyacheslavovych Kuzmichev (hereinafter referred to as the Company, "marketplace" or "Keira") for all individuals who have full civil capacity, and from the moment of registration is referred to as a User to conclude an agreement on the provision of Services by the Company on the terms defined below (hereinafter - the Agreement).
2. Terms of the Agreement:
Keira is a marketplace for communication between Users, which helps in finding the necessary recommendations at the request of Users, that is, a communication platform for finding the necessary direct and customized contacts.
The owner of the marketplace is a private person, entrepreneur Oleksandr Vyacheslavovych Kuzmichov, who is a provider of intermediary services in the information field within the meaning of the Law of Ukraine "On Electronic Commerce" and is not the initiator of the transfer of information.
Site administration (support service) – persons duly authorized by the Marketplace Owner to manage the platform and provide services to Users.
User is a private person who has completed the registration procedure on the Site. Users can be both donors of recommendations (recommender) and their acceptors (recipient of recommendations). Only a person who has reached the age of eighteen (18) y/o can be a user.
User profile – User account that contains information about himself provided by him.
Search request – a User's message about the need to receive a User's recommendation, which is addressed to an unlimited number of other Users of the platform.
Recommendation (recommended person) — information exchanged by Users of the platform, which must contain confirming information about the readiness of the recommended person for substantive interaction (a graphic screenshot in an unchanged form, taken on any platform).
Personal account — the User's interaction interface with Keira, within which the User can enter/change data to the User's Profile, as well as to post optional information about the possibility to provide a recommendation or create a request to receive it.
Access identifiers – provided to the Subscriber upon registration, Login and password, which uniquely identify his identity in the Personal account.
Processing of personal data – any action or set of actions performed in whole or in part in the information (automated) system and/or in personal data files, which are related to the collection, registration, accumulation, storage, adaptation, change, renewal, use and distribution (dissemination, implementation, transfer), depersonalization, destruction of information about an individual.
Privacy policy - the terms of handling confidential information on the Portal, which are an integral part of this Agreement.
Referral is a member of the partnership program, registered upon the recommendation of another User.
Ethics is a set of rules that are an integral part of this Agreement and are mandatory for all users of the marketplace to implement and adhere.
Referral program – a partnership program of cooperation between the Company and Users with the provision of rewards, discounts and other incentive bonuses for inviting new Users to register and use the marketplace.
Object of intellectual property - the program and databases of Keira as an object of copyright, a mark for goods and services (trademark), as well as all and any results of the use of this program / database created and protected in accordance with Law of Ukraine "On copyright and related rights", Law of Ukraine "On Protection of Rights to Trademarks for Goods and Services".
3. The Public Offer is valid from the moment it is published on the Keira marketplace and may be changed or withdrawn by the Company at any time without the consent of the User or any other persons.
4. The Company and the User agreed that the use of the technical capabilities of the marketplace after posting a new version of the Agreement will be considered as the User's consent to the new terms of the offer and the new version of the Agreement.
5. Full acceptance (agreement, consent, approval) of all terms of this offer by the User is carried out during registration on the marketplace by selecting (clicking) the box next to the words "I agree with the terms of the offer and the Privacy Policy, and I give my consent to the processing of personal data” and the User clicking the “Register” button.
6. If the User does not agree with any of the terms of this Agreement and/or does not agree to comply with the terms of this Agreement (or a new edition of the Agreement), he has no right to use the application's features and is obliged to stop using it and leave it by deleting / deactivating his account.
7. The subject of this offer is to provide Users with access to the technical capabilities of the Keira mobile application.
8. The Company is not a representative of Users in legal relations between them and/or third parties. Each User of the marketplace acts on his own behalf, voluntarily and independently, being aware of all the risks of fraudulent use of the site or specifying deliberately false information in the process of registration or interaction with other Users.
9. By accepting the offer, the User confirms the following:
9.1. The user confirms that he is fully and completely familiar with and agrees to the terms of this offer and all its integral parts;
9.2. The user gives permission for the collection, processing and transfer of personal data under the conditions defined below. The permission to process personal data is valid for the entire period of use of the Keira platform, as well as for an unlimited period after its expiration. In addition, after registration, the User confirms that he is informed (without additional notification) about the rights established by the Law of Ukraine "On the Protection of Personal Data", about the purposes of data collection, as well as about the fact that his personal data is transferred to the Company for the purpose of providing the opportunity to use the functionality of the site, the possibility of mutual settlements. The User also agrees that the Company has the right to provide access and transfer his personal data to third parties without any additional notifications from the User, without changing the purpose of personal data processing. The extent of the User's rights as a subject of personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" is known and understood by him.
10. The procedure for registering the User and using the platform.
10.1. During registration, the User must specify his/her first, patronymic and last name, phone number, e-mail address, current employment status (position, company, etc.) and bank account number in IBAN format.
10.2. The user has the right to indicate any other data, in particular, but not exclusively, "personal experience", "work experience", etc.;
10.3. Simultaneously with the registration, the User can place the contacts available for recommendation in the form of: region, position and company, etc. or immediately proceed to search for the recommendation of interest to him. Other users during the search will not see the contact data of the recommended persons, they will become available to them only after paying the Recommendator fee for the recommendation.
10.4. The Company reserves the right to reject a person's request for registration or request for consent to a transaction without any warning and explaining the reasons for such rejection.
10.5. If the User has created a profile in which he falsely claims to be an authorized representative of any organization, his profile may be removed from the platform.
10.6. The user has no right to take actions that affect the normal operation of the Application and are incompatible with its normal intended use. The User undertakes not to use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or track information from the Application.
10.7. The Company reserves the right to delete the User's profile in case of doubts about the authenticity of the information specified in it or provided during registration (in accordance with clause 14.1).
11. Search requests.
11.1. When searching for a recommendation, you can either choose an existing recommendation from another User and start a dialogue or create your own search query.
11.2. If a user (recipient of a recommendation) finds a recommendation he needs in the general search of Keira, it is necessary by means of the platform, to start a dialogue with another User (recommender) to obtain the recommendation he needs.
11.3. If, while using the marketplace (platform), the Recommender finds a request for a recommendation that he has and is ready to provide, he must independently contact the recommended person in writing (using Telegram, Viber, WhatsApp, etc.) to receive confirmation of his readiness to communicate with the recipient of a recommendation.
11.4. When creating your own search request, it must be completed in the form of: region, position, company, and the value equivalent to conditional units of USD (US dollar) that you are willing to pay for a recommendation. Such a request will be available to other Users of the platform within one calendar week from the date of creation. The value in conventional units is subject to exchange into the national currency of Ukraine - the Hryvnia, on the exchange rate valid at the date and set by the bank of the User's card account. The marketplace is not responsible for exchange rates and any commissions set by the Users' banks. Hence, the specified payment includes the marketplace commission, which is paid in accordance with the procedure and amounts established in clauses 13.7 and 13.8 of the Agreement.
11.5. One day before the request is to be deactivated, the User will receive a notification about the need to update the request, shall it still be relevant.
12. Execution of an agreement between Users.
12.1. The main principle of using the marketplace is the fiduciary behavior of its participants.
12.2. Users on the marketplace have the functional opportunity to be both a recommender and a recipient of recommendations.
12.3. The subject of the agreement between users is to receive a customized recommendation and actual contact data of the recommended person.
12.4. Along with this, a screen shot confirmation (without any graphic changes of the original) of the readiness of the recommended contact for substantive interaction is mandatory. This is a mandatory condition for concluding an agreement on the marketplace between Users.
12.5. If the profile is incorrect, the User is obliged to submit a written reasoning for the request for a recommendation and obtain approval to the agreement from the Support Service.
12.6. In the case of giving a false recommendation from the User's point of view, the latter should contact the Keira Support Service.
12.7. Each case of complaints and/or claims of Users against each other will be considered by the Support Service within a reasonable time and considering all the facts. The initiators are additionally informed about the results of the review.
12.8. It is forbidden to use the marketplace for concluding false agreements aimed to hide the real purpose of transferring funds, creating fake accounts, fraudulent or other actions that contradict the real purpose of functioning of the platform. The Company bears no responsibility for the specified behavior of Users, who bear full responsibility and the risk of adverse consequences in such a case.
13. Cost of services and payment procedure.
13.1. The parties determine the value of the recommendation at their own discretion when forming the request. Approval by the Recommender of the value of the recommendation specified in the request occurs without any participation of the Company, through conclusive actions during the interaction of Users.
13.2. After the Recommender sends a screenshot of the recommended person’s confirmation of the transfer of their contact details and enters their contact details for transfer, the recipient of recommendation must pay the stipulated amount.
13.3. To make a payment between Users, the profiles of the Recommender and the recipient of recommendation must be filled with correct account number in IBAN format. The company is not responsible for the accuracy of the data abovementioned.
13.4. The recipient of recommendation does not have access to contact details until the fee is paid.
13.5. The fee is "frozen" in the account for 72 hours, so the Users retain the opportunity to appeal the transaction and cancel the payment.
13.6. After receiving the contact details of the recommended person, the Recipient of the Recommendation must use the provided recommendation within 72 hours, after which send confirmation of the execution of the agreement or its appeal.
13.7. If within 72 hours, no User has appealed the concluded agreement, the funds will be transferred to the Recommender, except for the Company's commission, which is 30%.
13.8. If the Recipient of the recommendation does not use the provided recommendation within 72 hours, the funds are automatically transferred to the account of the Recommender, with the exception of the Company's commission, which is 30%.
13.9. During payment, Users use third-party payment systems that are not subject to the rules of the Company, are not connected (affiliated) with it and have their own terms of use and privacy policy, therefore the marketplace is not responsible for incorrect transfer of payments and storage of personal data, including payment information.
14. Publication of and access to information on the marketplace
14.1. The Company has the right to delete any information published by him in the Personal Cabinet including, but not limited to, if such information violates the requirements of the current legislation of Ukraine or the rights and legitimate interests of the Company or third parties, due to a third-party complaint, while send a message about the deletion of information to the e-mail address that was specified during registration on the site.
14.2. The user, placing information in the account or when transferring information to other users, bears full responsibility to third parties for the disclosure of personal data, confidential, commercial and restricted access information.
14.3. In the case the Company receives information about illegal activity of Users and/or establishes facts or finds out circumstances that indicate that the activity of Users has signs of illegality, in order to ensure the safety of Users and safe operation of the application, as well as to prevent and terminate fraudulent actions, has the right to unilaterally suspend, limit or stop such User's access to the functionality of the application at any time and/or unilaterally terminate the contract.
14.4. By accepting this Agreement, Users agree that the Company has the right to verify information related to receiving recommendations.
15. The referral program when using the site allows you to receive bonuses after inviting other Users who entered the application using a unique link.
15.1. The user can send a unique link, which after the transition, will allow the unregistered referral to start the procedure of downloading the application.
15.2. After installation of the application by a referral, the latter uses all the functionality of the marketplace as other Users.
15.3. To receive bonus funds in the amount of 1 conditional units (equivalent to 1 USD), the referral must fill out his own profile and place 3 (three) contacts in the general search.
15.4. After successful registration of the referral and implementation of the last actions provided for in clause 15.3. of this agreement, bonus funds will be available in the "Bonuses" section and can be used at any time of using the platform to receive a discount when concluding agreements. The monetization or withdrawal of the bonus is not provided, and bonus is only used in the manner specified in this clause.
16. Taxes and fees.
16.1. Users are holding responsible (by administrative, criminal, etc. legislation) for improper payment of their own taxes, fulfillment of obligations, remittance of any taxes or fees and ensuring their compliance with applicable laws and regulations.
16.2. The User acknowledges and agrees that he is fully responsible for all tax obligations related to payments received and sent through Keira. Keira, in turn, will not withhold any taxes, fees, etc. from the User's payments, unless required by applicable law, except for the marketplace fee.
16.3. In the event of a tax audit (or other audits on taxes, fees or other financial obligations) carried out by the relevant authorities, the User agrees to immediately cooperate with Keira (LLC" FOP Oleksandr Vyacheslavovych Kuzmichev”) at the request of its duly authorized persons and provide copies of tax declarations and other documents that may reasonably be requested for the purposes of such an audit.
16.4. The User's non-submission of the requested documents allows the Company, in the event of fines imposed on it by the relevant authorities, to file a regressive claim against the User, who is automatically recognized as the ultimate responsible person, in connection with the non-submission of the necessary documents.
16.5. Commission costs for transferring funds are borne by the User.
16.6. The Company is in no case may act as the tax agent of the Users, except when such status is required by the current legislation.
17. The Company does not refund the User and/or third parties for damages and is not responsible for:
• losses of the User (including, but not limited to, material losses, direct or indirect damages, and/or punitive damage, other negative consequences of any nature) in case of change or termination of validity of this offer or termination of use of the Services;
• violation of the rights and legitimate interests of third parties, which occurred because of the User's actions, including due to the User's dissemination of any information using the technical capabilities of the marketplace. In this case, the responsibility resides solely with the User who disseminated the information and/or committed the abovementioned violations;
• failure of the User to obtain the desired result, which he expected while using the marketplace and before or after receiving the recommendation;
• restriction of the User's access to the Personal account by the Site Support Service;
• for the reliability of the information provided as a recommendation;
• for any financial losses related to the blocking of the account and cancellation of the User's registration;
• Keira is not responsible for the consequences of using third-party payment systems when concluding an agreement between Users, including, but not limited to, money and/or loss of personal data during their use.
18. The User hereby gives his consent to receive information, advertising materials, push notifications from the marketplace in any way, in the Keira interface, as well as via the User's e-mail address, phone number or other means. The user has the right to refuse to receive such information or by disabling it in the text of the e-mail letter; disabling the receipt of push notifications in the settings of mobile devices; block receiving messages in messengers.
19. The procedure for protecting Users' personal data is regulated by the Privacy Policy.
20. All issues not regulated by the Agreement are regulated by the current legislation of Ukraine (in particular, Article 633, Chapter 54 of the Civil Code of Ukraine).
21. If there are terms in this Offer, the meaning of which is not defined in the "Terms" Section of the Agreement and which cannot be unambiguously interpreted based on common practice, their interpretation should be guided by the customs of business turnover.
22. All text information and graphic images, trade marks (marks for goods and services) placed in the application, databases are the property of the Company.
23. The parties shall make every effort to resolve any disagreements exclusively through negotiations. In case of impossibility of reaching an agreement, the Parties act within the limits established by the current legislation of Ukraine.
24. Details:
FOP Oleksandr Vyacheslavovych Kuzmichev
Residence: 07300, Vyshhorod, Kyiv Region, Shevchenko Avenue, 9, apartment 44
Tax code (DRFO) 3316816397
certificate number
IBAN UA193808050000000026000450454, at JSC Raiffeisen Bank AVAL
