for the Use of the Online Platform and the Provision of Information, Technical, and Intermediary Services
1.1. This Public Offer (the "Offer") is an official proposal by Sole Proprietor Vasyl Petrovych Herchak (the "Operator"), addressed to an indefinite number of individuals, individual entrepreneurs, and legal entities intending to use the SkyNovix online platform located at: https://skynovix.com (the "Platform"), to enter into an Agreement on the terms set out below.
1.2. Upon acceptance of the Offer by a User, it becomes effective as an agreement concluded between the Operator and the relevant User (the "Agreement").
1.3. This Agreement sets out the general terms for using the Platform, the provision of services by the Operator, the listing and purchase of digital products, and the settlement of payments between Users.
1.4. The terms of this Agreement are established by the Operator and are accepted by the User by joining it in full, in accordance with Article 634 of the Civil Code of Ukraine. The Agreement is concluded through the Operator's proposal to enter into the Agreement and its acceptance by the User, in accordance with Articles 641 and 642 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine "On Electronic Commerce."
2.1. Operator – Sole Proprietor Vasyl Petrovych Herchak, the owner and administrator of the Platform, who ensures its operation and provides the services set out in this Agreement.
2.2. Platform – the SkyNovix online platform located at https://skynovix.com, through which Sellers list and sell Digital Products, and Buyers browse, order, and purchase them.
2.3. User – an individual who has reached the age of 18 and has full legal capacity, an individual entrepreneur, or a legal entity that has accepted the Offer and uses the Platform as a Seller or a Buyer.
2.4. Seller – a User who lists a Digital Product on the Platform and offers it for purchase by Buyers. A Seller may be an individual without the status of an individual entrepreneur, an individual entrepreneur, or a legal entity.
2.5. Buyer – a User who orders and purchases a Digital Product from a Seller through the Platform.
2.6. Digital Product – digital content or another object created and provided in digital form, including but not limited to an ebook, audiovisual or educational material, template, graphic or text material, software product, file, access to a digital resource, or other digital product that can be delivered, or to which access can be granted, through the Platform.
2.7. Operator's Services – the information, technical, organizational, and intermediary services that the Operator provides under this Agreement, including but not limited to providing access to the Platform, listing Digital Products, processing Orders, organizing the acceptance of payments, withholding the Operator's Fee, and transferring the funds due to the Seller.
2.8. Order – a request submitted by a Buyer through the Platform to purchase a specific Digital Product.
2.9. Operator's Fee – the payment for the Operator's Services, withheld from the funds received in connection with the sale of a Digital Product, in the amount and manner set out in this Agreement.
2.10. Account – the set of data about a User and the Platform's functionality available to them, access to which is granted following their identification or authorization.
3.1. The Operator provides Users with access to the Platform's functionality and with information, technical, organizational, and intermediary services related to listing, selling, and purchasing Digital Products, and Users agree to comply with the terms of this Agreement.
3.2. Acceptance of the Offer means full and unconditional acceptance of its terms by the User: • for a Seller – by completing Account registration and confirming agreement with the terms of the Offer; • for a Buyer – by confirming agreement with the terms of the Offer when placing an Order.
From the moment of acceptance, the Agreement is deemed concluded between the Operator and the relevant User.
4.1. The Platform is an information and technical service that facilitates interaction between Sellers and Buyers, and the Operator provides the information, technical, organizational, and intermediary services set out in this Agreement.
4.2. The Operator is not the author, producer, or owner of the Digital Products listed by Sellers on the Platform, and does not acquire any intellectual property rights to such products. By listing a Digital Product on the Platform, the Seller grants the Operator the right to use its name, description, images, and other provided materials solely for the purpose of listing, presenting, and selling that product on the Platform.
4.3. In relations with Sellers who are individual entrepreneurs or legal entities, the Operator acts as an intermediary in its own name, in the interests and at the expense of the respective Seller. By accepting this Offer, the Seller authorizes the Operator to perform, on the terms provided herein, actions related to placing Orders, arranging the acceptance of payments, and making settlements.
4.4. If the Seller is an individual without the status of an individual entrepreneur, the Operator acts as a commission agent – in its own name, but at the expense of such Seller. By accepting this Offer, the Seller instructs the Operator to carry out transactions related to the sale of the Digital Products it has listed.
4.5. Payment for Digital Products is made by Buyers to the Operator's account or through a payment service provider engaged by the Operator. Receipt of the full payment amount by the Operator does not change the intermediary nature of its relationship with the Seller. The Operator's income for the services provided is the Operator's Fee, and the amount remaining after the deductions provided for in this Agreement is to be transferred to the relevant Seller in the manner set out in this Agreement.
4.6. Payment transactions related to paying for Digital Products and paying out funds to Sellers are carried out by a bank or another payment service provider in accordance with the legislation of Ukraine and the rules of that provider. The Operator ensures organizational and technical interaction with the relevant payment service provider but does not itself provide payment services.
5.1. Payment for a Digital Product is made by the Buyer in non-cash form using the payment methods available on the Platform.
5.2. The Operator's Fee is 10% of the amount paid for each Digital Product sold, unless another rate is specified in the Seller's Account or otherwise agreed between the Operator and the Seller in electronic form. This fee includes the Operator's expenses for banking and payment processing services related to the acceptance and processing of the respective payments, which are borne by the Operator. No additional deduction from the Seller for such expenses shall be made.
5.3. The Operator withholds its Fee from the funds received in connection with the sale of a Digital Product before transferring the amount due to the Seller.
5.4. The amount to be transferred to the Seller is calculated as the funds received from Buyers for Digital Products sold, less: • the Operator's Fee; • taxes and duties that the Operator is required to withhold as a tax agent; • refunded amounts and cancelled transactions; • amounts disputed by Buyers, including within a chargeback procedure; • other amounts required to be withheld under the legislation of Ukraine or the rules of the relevant payment service provider.
5.5. The funds payable to the Seller shall be transferred twice a month, on the 14th and 28th of each calendar month, provided that at least 7 calendar days have elapsed from the date the Operator actually received the respective funds from the Buyer and there are no grounds for suspending the transfer provided for by this Agreement. Funds received by the Operator less than 7 calendar days before the nearest scheduled payment date shall be transferred to the Seller on the next scheduled payment date.
5.6. The Operator's obligation to transfer funds is deemed fulfilled from the moment the relevant amount is credited to the payment account specified by the Seller on the Platform. The Operator is not liable for funds not being credited, or for delays in crediting funds, resulting from the Seller providing incorrect or outdated payment details.
5.7. The Operator has the right to temporarily suspend the transfer of funds to a Seller in the event of a payment being disputed by a Buyer, the initiation of a chargeback procedure, receipt of a substantiated complaint regarding a Digital Product, suspicion of fraud, the need to verify the Seller, or at the request of a bank, another payment service provider, or an authorized government body – until the relevant circumstances are resolved or the review is completed.
5.8. If the Seller is an individual without the status of an individual entrepreneur, the Operator withholds and pays the taxes and duties required to be withheld from the payment to such Seller in accordance with the requirements of the Tax Code of Ukraine, and transfers to the Seller the amount remaining after withholding the Operator's Fee and the relevant taxes and duties.
5.9. Individual entrepreneurs and legal entities independently account for the income they receive, file tax returns, and pay taxes and duties in accordance with their legal and tax status.
5.10. Before placing an Order, the Buyer is required to review the description, characteristics, price, and terms of use of the Digital Product. Once payment is confirmed, access to the Digital Product is granted in the manner specified on the Platform or in the product's description. A Digital Product that matches its description and other agreed characteristics is not subject to return or exchange, once access has been granted, solely due to a change of mind by the Buyer, except in cases expressly provided for by the legislation of Ukraine.
5.11. If access to a Digital Product is not granted, if it does not match its description, or if other grounds for a refund provided for by law arise, the Buyer has the right to contact the Operator using the contact details specified in this Agreement. The request is reviewed by the Operator, with the involvement of the relevant Seller, within the timeframe communicated to the Buyer after the request is received.
5.12. If the Operator refunds a Buyer in connection with a Digital Product not being provided or not matching its description, the cancellation of a payment transaction, or the settlement of a claim within a chargeback procedure, the relevant amount is deducted from the funds due to the Seller. If the funds have already been transferred to the Seller, the Seller is required to return the relevant amount to the Operator.
5.13. The Seller is required to reimburse the Operator for expenses incurred in connection with refunding a Buyer, if such a refund results from the Seller's Digital Product not being provided, not matching its description, or being sold unlawfully.
6.1. The Operator is responsible for the proper provision of the Operator's Services within the scope of the Platform's functionality and the terms of this Agreement.
6.2. The Seller is solely responsible for the accuracy of the information about the Digital Product, its content, quality, compliance with its description, the lawfulness of its listing and sale, and for holding the necessary rights to such product.
6.3. The Operator does not pre-review all Digital Products and does not guarantee that they will meet the Buyer's subjective expectations.
6.4. The Operator is not liable for a Seller's infringement of third-party rights, including intellectual property rights, nor for the inaccuracy of information provided by a Seller.
6.5. The Operator is not liable for delays, refusals, or other failures in processing payment transactions if they result from the fault of a bank, another payment service provider, a User, or circumstances beyond the Operator's control.
6.6. The Operator is not liable for temporary unavailability of the Platform caused by technical maintenance, failures in communication networks, equipment, software, or third-party services, if such circumstances are not the Operator's fault.
6.7. The limitations of liability set out in this section do not apply in cases where the Operator's liability cannot be limited under the legislation of Ukraine.
6.8. The Operator has the right to temporarily suspend or terminate the listing and sale of a Digital Product, restrict a Seller's access to certain Platform functionality, or block their Account in the event of: • the Seller's violation of the terms of this Agreement; • receipt of substantiated complaints regarding a Digital Product; • suspicion of fraud or unlawful use of the Platform; • infringement or suspected infringement of intellectual property rights or other third-party rights; • the Seller's failure to provide documents or information required for a review; • a request from a bank, payment service provider, or authorized government body; • other cases where continued listing of the product or use of the Platform could cause harm to Users, the Operator, or third parties.
7.1. The Operator has the right to amend this Agreement by posting a new version of the Offer on the Platform.
7.2. A new version of the Offer takes effect from the moment it is posted on the Platform, unless a different effective date is specified in that version.
7.3. Continued use of the Platform after a new version of the Offer takes effect constitutes the User's acceptance of its terms.
8.1. This Agreement is governed by the applicable legislation of Ukraine.
8.2. Matters not regulated by this Agreement are resolved in accordance with the legislation of Ukraine.
8.3. Disputes arising in connection with the conclusion, performance, or termination of this Agreement are resolved through negotiation, and if agreement cannot be reached, in court in accordance with the legislation of Ukraine.
8.4. If any individual provision of this Agreement is found to be invalid or unenforceable, this does not affect the validity of the other provisions of the Agreement.
8.5. The Agreement takes effect for the relevant User from the moment of its conclusion in accordance with Section 3.2 of this Agreement and remains in effect for the entire period of the User's use of the Platform.
8.6. The User has the right to stop using the Platform by discontinuing use or deleting their Account, if such functionality is available on the Platform.
8.7. Termination of the Agreement does not release either party from obligations that arose before termination, including the completion of settlements, refunds, and liability for any violations committed.
8.8. The processing of Users' personal data is carried out in accordance with the Privacy Policy posted on the Platform.
Individual Entrepreneur Vasyl Petrovych Herchak Taxpayer ID (RNOKPP): 3276912492 Registered address: 16D Mechnykova St., Lviv, 79017, Ukraine Email: support@skynovix.com