Public Offer Agreement for the Domassori 1 application
The Domassori 1 application offers any individual the opportunity to join the Public Offer Agreement (hereinafter referred to as the "Agreement") under certain conditions. The Contractor under the Agreement is the person to whom payment for the services is made or is planned to be made. When referring to both the "Contractor" and the "Consumer" simultaneously, the term "Parties" is used. Before using the application and paying for services, please read the contents of this Agreement carefully. If you do not accept the terms and conditions set forth in this Public Offer Agreement and related agreements, please do not use the Domassori 1 application.
1. GENERAL PROVISIONS
1.1. The legal entity ROZWÓJ DZIECKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, NIP 1133074771, registered at 00-511, WARSZAWA, ul. NOWOGRODZKA, nr 31, lok. 330Z (hereinafter referred to as the Company) publishes this Agreement, which defines the procedure for providing services.
1.2. The Agreement is an adhesion contract for any person (Consumer) who orders services for access to educational tasks and materials for children in electronic form. The Services are provided through the "Domassori 1" application. The Contractor offers to conclude the Agreement with any person. The Agreement is presented in a standard and unchanging form as a public offer, in accordance with Article 633 of the Civil Code of Ukraine.
1.3. The Agreement is public, its terms are the same for all Consumers without giving preference to one Consumer over another. The Contractor shall ensure that Consumers have the opportunity to familiarize themselves with the terms of the Agreement if the terms of the Agreement are applicable to the Contractor's activities.
1.4. The Consumer confirms their agreement with all provisions of the Agreement by joining it.
1.5. Full or partial disagreement with the terms of the Agreement entails the inability of the Contractor to provide and the Consumer to receive the Services.
2. DEFINITION OF TERMS
2.1. The terms listed below and mentioned in this Agreement have the following meanings:
- Application – software designed to run on smartphones and other mobile devices, containing a set of software, information, and media data that are logically related to each other.
- Manager – a representative who performs technical and organizational functions, including providing premium access to Users, configuring, operating, and updating the Application.
- Financial Agent – a payment system that transfers funds on behalf of the Contractor using electronic methods of processing payments for services.
- Service tariff (tariff) – a set of services from the entire range of information and consulting services under the Agreement, determined by the Contractor, in a certain volume and at a certain cost.
2.2. The terms listed above have the same meaning when used in the singular and plural, as well as when written with a capital or small letter. Other terms used in the Agreement are defined in accordance with the norms of the current legislation of Ukraine, and in the absence of a definition in the legislation, they have a commonly used meaning or are defined according to the rules of business turnover.
3. SUBJECT OF THE AGREEMENT
3.1. The Contractor provides the Consumer with access to view thematic educational card sets containing images of a specific object and the name of this object in different languages (hereinafter referred to as the "Services") to the extent provided for by the service tariff selected by the Consumer.
3.2. Information about the cost of the Services is available in the Application. The User has the right to familiarize themselves with the set of Services within a specific tariff and its cost, select, pay for, and purchase the tariff for the Services:
- The set of Services under the Agreement may consist of, but is not limited to, depending on the tariff selected by the Consumer.
- The Contractor has the right to change the scope of Services within a single tariff and its price without prior notice to the Consumer.
4. PRICE AND PAYMENT PROCEDURE
4.1. After downloading the Application, the Consumer gets access to one free set of cards.
4.2. After purchasing "Premium Access," the Consumer gains access to view all sets available in the Application, as well as the ability to create their own set from the available thematic sets of cards.
4.3. The cost of the Services tariff selected by the Consumer is the monetary amount specified in the Application at the time the Consumer accepts the Agreement.
4.4. Payment for the Services is made by the Consumer in the form of a monthly payment for the Services at a specific rate or an annual payment for the Services at a specific rate.
4.5. Payment for the Services is made in non-cash form using the services of a Financial Agent.
4.6. The date of fulfillment of the Consumer's obligations to pay for the Services shall be the date of crediting the amount equal to the full cost of the Services tariff selected by the Consumer. The fulfillment of the obligation shall be confirmed by a receipt from the Consumer's bank or a receipt from the Financial Agent received by email.
4.7. These documents are considered proof of acceptance of the Agreement and Privacy Policy posted in the Application.
4.8. If the Consumer has entered into a loan agreement or similar agreement with any bank or credit institution to pay for the Services under the Agreement, the Consumer shall be solely responsible for all obligations to the institution. The terms and conditions for obtaining and fulfilling the obligation do not depend on the Contractor and are accepted by the Consumer independently.
5. PROCEDURE FOR ACCEPTANCE
5.1. The Agreement may be concluded by a person who has attained full legal capacity in accordance with the legislation of Ukraine, namely, 18 years of age.
5.2. The Agreement is concluded by the User giving their full and unconditional consent (acceptance) to the application/website and joining this offer by conclusive actions, without signing a written copy of the Agreement between the Consumer and the Contractor.
5.3. The moment of consent (acceptance) under the Agreement is considered to be the fact of successful payment for the Services tariff selected by the Consumer.
5.4. By concluding the Agreement, the Consumer automatically and unconditionally agrees to accept the provisions of the Agreement and all annexes that are integral parts of the Agreement.
5.5. By installing the Application, the Consumer confirms their agreement with the terms of the Public Offer Agreement, the Privacy Policy, and other integral parts thereof.
5.6. The Consumer shall not be entitled to use the Services under the Agreement if the Agreement has not been concluded or if the Consumer partially or fully disagrees with the provisions of the Agreement.
6. PROCEDURE FOR PROVIDING SERVICES
6.1. Services are provided remotely using the functional capabilities of the Application.
6.2. The provision of Services begins with the provision of access to view a free set in the Application.
6.3. All information and other materials are copyrighted and subjective, and the Consumer may disagree with the positions and opinions expressed therein.
6.4. The Consumer is solely responsible for the use of third-party applications and services on the Internet and also makes decisions regarding the provision of their consent to the use of their personal data, as well as consent to the terms of use, regulations, or other legal documents.
6.5. If the Consumer has any questions or difficulties with the use of third-party applications or services on the Internet, they may contact the Contractor with relevant requests. Assistance in resolving such issues or problems is limited to providing advice based on personal experience of use, which is not considered to be the provision of explanations or consultations regarding the use of such applications or services.
6. INTELLECTUAL PROPERTY RIGHTS WARNING
6.1. The Contractor owns the copyright to all materials posted in the Application and/or on websites and provided to the Consumer in their personal account, including the rights to text, graphic elements, photographs, images, design elements, video materials, files, etc.
6.2. The Consumer has the right to use the resources of the application/website exclusively for personal purposes.
6.3. The Consumer is prohibited from using any materials received from the Contractor for commercial purposes. The transfer of any other rights under the Agreement is not provided for.
6.4. The Consumer is prohibited from copying, reproducing, recording by screen capture, photographing, making video and photo recordings by any other means, posting and publishing on any publicly accessible platforms, including social networks, or combining individual parts of objects into other objects.
6.5. The Consumer shall not have the right to sell or provide access to their personal account to third parties.
6.6. In the event that the Consumer violates the prohibitions outlined in this Section, the Contractor shall delete the Consumer's personal account without the possibility of restoration, and the funds paid under the Agreement shall not be refundable and shall constitute a penalty (fine) for the Consumer's actions.
6.7. Any violation of copyright and related rights shall be punished in accordance with the applicable laws of Poland and relevant international treaties.
7. RIGHTS AND OBLIGATIONS OF THE CONSUMER
The Consumer has the right to:
- Obtain temporary access to the Application with the scope of Services included in the tariff paid by the Consumer;
- Receive information from the Contractor regarding the organization and provision of the Services specified in the Agreement;
- Receive technical support from the Manager, if necessary;
- Receive instructions on how to use the materials or personal account.
The Consumer is obliged to:
- Pay for the Services in accordance with the selected tariff;
- Strictly and continuously comply with the terms of the Agreement, the Privacy Policy, and all attachments posted in the Contractor's application or website;
- Consent to the processing of personal data in accordance with the Privacy Policy for the purpose of concluding the Agreement;
- Consent to the publication of reviews posted in any form by the Consumer on the website, social networks, advertising materials, presentations, etc.;
- Not reproduce, repeat in any way, copy, sell, or use for any purpose other than personal use any materials or information that has become available to the Consumer from any sources provided by the Contractor within the scope of the Services under this Agreement;
- Not to create information products based on the course for commercial gain and not to use this information in any way other than for personal use;
- Not to transfer access to the personal account to third parties in any way.
8. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
The Contractor has the right to:
- Make changes to the Public Offer Agreement, Privacy Policy, and other appendices posted on the application/website resources without personally notifying the Consumer, but in the same manner in which the previous conditions were posted;
- Conduct technical breaks in the operation of the application/website to restore functionality, improve the operation of the personal account, or fill in materials in the personal account. Technical breaks are not a basis for recalculating the cost of services paid by the Consumer and are not considered a violation of the terms of content provision;
- Publish reviews (text, screenshots, videos, results, photos, etc.) posted in any form by the Consumer on the website, social networks, advertising materials, presentations, etc., without prior notice to the Consumer;
- Update the content of the Services under this Agreement (except for reducing the scope of services), the functionality of the application/website, and the Consumer's personal account at any time;
- Send electronic, text, and/or multimedia messages to the Consumer's email address, contact phone number, accounts in Telegram, Viber, etc. with commercial and/or non-commercial offers from the Contractor and/or third parties;
- Engage Managers and other third parties to administer the application/website or perform its obligations under this Agreement;
- Unilaterally terminate the Agreement in cases where the Consumer has violated prohibitions relating to intellectual property rights or payment.
- Suspend the provision of services for any reason for up to 48 hours.
The Contractor is obliged to:
- Provide usable Services within the scope of the tariff paid by the Consumer;
- Comply with the provisions of the Privacy Policy. Comply with legal requirements regarding the processing, transfer, and protection of personal data of Users and Consumers;
- Provide instructions on the use of materials or the personal account.
9. REFUNDS
9.1. The Contractor shall not refund the amount of money paid as payment for Services that have already been provided by the Contractor.
9.2. To obtain a refund for services not provided, the Consumer must submit a written application with a personal signature and date to the Contractor's email address. The Application shall be accompanied by a copy of a document confirming the identity of the Consumer and a copy of the payment document confirming payment for the Services.
9.3. In the application for a refund, the Consumer must provide the following information:
- Surname, first name, patronymic;
- Email address (specified when concluding the Agreement);
- Date of payment;
- Payment information and proof of payment (payment receipt).
9.4. The Contractor shall, within a period not exceeding 14 (fourteen) business days from the date of receipt of the refund request from the Consumer, refund the funds or notify the Consumer of the impossibility of refunding them.
10. FORCE MAJEURE
10.1. In the event of force majeure circumstances that prevent one of the Parties from fully or partially fulfilling its obligations under this Agreement, namely: fires, earthquakes, other natural disasters, military actions, blockades, decisions of state authorities, etc., the term for the performance of obligations shall be extended in proportion to the time during which such circumstances prevail, but not more than one month. However, this shall only apply if such force majeure circumstances began to affect the Party only after the signing of the Agreement and were unforeseeable.
11. LIABILITY
11.1. The Contractor's liability is limited to the amount of payment for the Services received at the time of the dispute.
11.2. The Contractor shall not be liable for any direct, indirect, or consequential losses or damages incurred by the Consumer, regardless of how they arose.
11.3. The Contractor shall not be liable for technical failures, updates, or any violations on the part of responsible persons of third-party applications or services on the Internet. At the same time, the Contractor undertakes to take all necessary actions as soon as possible to restore the possibility of providing the Services under the Agreement.
11.4. The Contractor shall not be liable for the results of the provision of services not meeting the Consumer's expectations, as the materials are copyrighted and subjective.
11.5. The Contractor makes no guarantees or assurances that:
- Access to the Application will always be permanent and uninterrupted;
- Feedback from the Manager will be received immediately after the Consumer's request;
- The network connection during the use of the Application will be stable and uninterrupted;
- Any defects in the operation or functioning of the application/website will be corrected immediately;
- Any exams or tests will be successfully passed thanks to the use of the product.
12. TERM OF THE AGREEMENT
12.1. The Agreement shall enter into force upon its conclusion and shall remain in force until the Parties have fully performed their obligations.
12.2. The term of service provision is limited to the term of the relevant tariff.
13. PROCEDURE FOR TERMINATION OF THE AGREEMENT
13.1. The obligations of the Parties under the Agreement shall terminate upon full performance of their obligations.
13.2. The Agreement may be terminated by mutual consent of the Parties or at the initiative of one of the Parties.
13.3. The Party wishing to terminate the Agreement shall notify the other Party of its initiative by sending an email with personal data (for identification of the Party).
13.4. The Agreement may be terminated by the Contractor unilaterally due to the Consumer's violation of the terms of the Agreement or the Contractor's intellectual property rights or related rights to all intellectual property objects available in the personal account. In this case, the funds paid by the Consumer under the Agreement are not refundable and constitute a penalty (fine) for the Consumer's actions.
13.5. The Contractor shall notify the Consumer of the unilateral termination of the Agreement by sending a notification by any means of communication. The Agreement shall be deemed terminated from the moment the notification is sent to the Consumer.
13.6. The Agreement may be terminated in court.
14. COMMUNICATION
14.1. The Consumer has the right to contact the Contractor or Manager directly using any means of communication, including email, phone, and group chat, with questions regarding the subject of the Agreement, the procedure for providing access to the course, and in the event of technical difficulties in using the personal account, etc.
15. FINAL PROVISIONS
15.1. The Parties have agreed that if a separate part and/or clause of this Agreement is recognized as invalid and/or void, the entire Agreement shall not be considered invalid.
15.2. The text of the Agreement is written in Ukrainian.
15.3. The Contractor has the right to make changes to the Agreement without additional notice to the Consumer. To enable the Consumer to familiarize themselves with the current terms of the Agreement, the Contractor shall post a version of the Agreement with all the latest changes in the application/website, as well as indicate the date on which such changes came into force.
15.4. The Agreement and its Annexes are valid in the version and under the conditions that existed at the time of their acceptance.
15.5. The place of conclusion of the Agreement is the location of the Contractor.
15.6. All disputes and/or disagreements arising between the Parties in connection with the performance or termination of the Agreement shall be resolved through mutual consultations and negotiations between the Parties within 15 calendar days after one Party has notified the other Party of the occurrence of such a dispute and/or disagreement.
DETAILS
ROZWÓJ DZIECKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Address: 00-511, WARSZAWA, ul. NOWOGRODZKA, nr 31, lok. 330Z.
Tax number 1133074771
Registration number 0000997421
Email:
Last update: October 15, 2025.