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, the publication of digital content, the creation and use of Subscriptions, the making of Donations, and settlements 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 Creators list and sell Digital Products, publish Posts and other digital content, offer paid Subscriptions, and receive Donations in support of their activities, while other Users may purchase Digital Products, subscribe to paid Subscriptions, access content, and make Donations.
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.
2.4. Creator – a User who lists Digital Products and/or publishes Posts and other digital content on the Platform, offers paid Subscriptions, and/or receives Donations in support of their activities. A Creator 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 Creator 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 another digital product that can be delivered, or to which access can be granted, through the Platform.
2.7. Subscription – paid access by a User to a Creator's content in accordance with the selected Subscription Tier for the paid period. A Subscription is automatically renewed for each subsequent billing period, with a recurring charge, unless the User cancels the automatic renewal before the next payment is due.
2.8. Subscription Tier – a paid Subscription level established by a Creator that determines the scope of content and any other benefits offered by the Creator and available to the User during the term of the relevant Subscription.
2.9. Post – a publication by a Creator on the Platform that may contain text, images, video, audio, or other digital content and may be publicly available or accessible to Users according to a particular Subscription Tier.
2.10. Donation – a voluntary, one-time payment made by a User to support a Creator and/or their activities. A Donation is not payment for a specific Digital Product, Subscription, content, work, or service and does not oblige the Creator to provide the User with any corresponding material or non-material benefit.
2.11. Operator's Services – the information, technical, organizational, and intermediary services provided by the Operator under this Agreement, including but not limited to providing access to the Platform and its functionality, listing Digital Products and Creators' content, processing Orders and Subscriptions, arranging the acceptance of payments, withholding the Operator's Fee, and transferring the funds due to a Creator.
2.12. Order – a request submitted by a Buyer through the Platform to purchase a specific Digital Product.
2.13. Operator's Fee – the payment for the Operator's Services, withheld from the funds received in connection with the sale of a Digital Product, payment for a Subscription, or a Donation, in the amount and manner set out in this Agreement.
2.14. Account – the set of data about a User and the Platform functionality available to that User, access to which is granted following 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, publishing digital content, creating and using Subscriptions, and making Donations. 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 Creator – 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; • for another User – by confirming agreement with the terms of the Offer when creating a Subscription or making a Donation.
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 Creators and other Users. 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 or other content listed or published by Creators on the Platform and does not acquire any proprietary intellectual property rights to such products or content. By listing a Digital Product or other content on the Platform, the Creator grants the Operator the right to use its name, description, images, and other materials provided by the Creator solely for the purpose of listing, presenting, and selling the relevant product or providing access to the relevant content on the Platform.
4.3. In relations with Creators 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 relevant Creator. By accepting this Offer, the Creator authorizes the Operator to perform the actions provided for in this Agreement in connection with processing Orders and Subscriptions, receiving Donations, arranging the acceptance of payments, and making settlements.
4.4. If the Creator 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 that Creator. By accepting this Offer, the Creator instructs the Operator to enter into transactions related to the sale of the Digital Products listed by the Creator, Subscriptions, and Donations.
4.5. Payments for Digital Products and Subscriptions, as well as Donations, are made by Users 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 Creator. 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 Creator in accordance with this Agreement.
4.6. Payment transactions related to payments for Digital Products and Subscriptions, Donations, and transfers of funds to Creators 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 or Subscription, as well as a Donation, is made by the User 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; • 8% of the Subscription payment amount; • 6% of the Donation amount; unless a different rate is specified in the Creator's Account or otherwise agreed between the Operator and the Creator in electronic form. The relevant 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 Creator 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, payment for a Subscription, or a Donation before transferring the amount due to the Creator.
5.4. The amount to be transferred to the Creator is calculated as the funds received in connection with the sale of Digital Products, payment for Subscriptions, and Donations, 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 Users, 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 Creator 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 relevant funds from the User and there are no grounds for suspending the transfer under this Agreement. Funds received by the Operator less than 7 calendar days before the nearest scheduled payment date shall be transferred to the Creator 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 Creator on the Platform. The Operator is not liable for funds not being credited, or for delays in crediting funds, resulting from the Creator providing incorrect or outdated payment details.
5.7. The Operator has the right to temporarily suspend the transfer of funds to a Creator in the event of a payment being disputed by a User, the initiation of a chargeback procedure, receipt of a substantiated complaint regarding a Digital Product or paid content, suspicion of fraud, the need to verify the Creator, 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 Creator is an individual without the status of an individual entrepreneur, the Operator withholds and pays the taxes and duties required to be withheld from payments to that Creator in accordance with the Tax Code of Ukraine and transfers to the Creator the amount remaining after deduction of the Operator's Fee and the relevant taxes and duties.
5.9. Individual entrepreneurs and legal entities independently account for the income they receive in connection with the sale of Digital Products and payments for Subscriptions, file tax returns, and pay taxes and duties in accordance with their legal and tax status.
5.10. Donations are taxed in accordance with the legislation of Ukraine, taking into account the Creator's legal status and the legal nature of the relevant payment. Where the Operator is required by law to act as a tax agent, the Operator makes the relevant tax withholdings and payments.
5.11. 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 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.
5.12. If access to a Digital Product is not granted, if the product 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 Creator, within the timeframe communicated to the Buyer after the request is received.
5.13. 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 Creator. If the funds have already been transferred to the Creator, the Creator is required to return the relevant amount to the Operator.
5.14. The Creator is required to reimburse the Operator for expenses incurred in connection with refunding a Buyer if such a refund results from the Creator's Digital Product not being provided, not matching its description, or being sold unlawfully.
5.15. A User purchases a Subscription for a selected Subscription Tier for a period of one month. The Subscription is automatically renewed for each subsequent monthly billing period unless the User cancels its automatic renewal. The next Subscription payment is charged on the corresponding date of the following month. If the following month does not contain that date, the payment is charged on the last day of that month. Once payment is confirmed, the User is granted access to content in accordance with the selected Subscription Tier for the paid period.
5.16. The User's payment card details are not stored by the Platform and are processed by the relevant bank or payment service provider. To automatically renew a Subscription, the Platform initiates a recurring payment through the relevant bank or payment service provider.
5.17. The User may cancel automatic Subscription renewal at any time through their Account. If automatic renewal is cancelled, no subsequent Subscription payment will be charged, and the User's access to content under the relevant Subscription Tier will remain available until the end of the paid period.
5.18. Cancellation of automatic Subscription renewal does not, by itself, entitle the User to a refund for the current paid period.
5.19. The User has the right to contact the Operator and request a refund of a Subscription payment in the event of an erroneous initial Subscription purchase, an erroneous or duplicate charge, a technical inability to access paid content, a discrepancy between the content actually available and the description of the relevant Subscription Tier, or any other case provided for by the legislation of Ukraine.
5.20. A Donation is voluntary and does not oblige the Creator to provide the User with any corresponding material or non-material benefit.
5.21. A Donation is not refundable solely because the User changes their mind after making it. The User may contact the Operator and request a refund if the Donation was made erroneously or charged more than once, as well as in other cases provided for by the legislation of Ukraine. The relevant request is reviewed by the Operator taking into account the circumstances of the payment and the requirements of the legislation of Ukraine.
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 Creator is solely responsible for the accuracy of information about a Digital Product, its content and quality, its compliance with the description, the lawfulness of its listing and sale, the content and lawfulness of Posts and other content published by the Creator, the compliance of the paid content actually available with the description of the relevant Subscription Tier, and holding the necessary rights to Digital Products and content.
6.3. The Operator does not pre-review all Digital Products, Posts, or other content published by Creators on the Platform and does not guarantee that they will meet Users' subjective expectations.
6.4. The Operator is not liable for a Creator's infringement of third-party rights, including intellectual property rights, or for inaccurate information provided by a Creator or the unlawfulness of content published by a Creator.
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, the publication of Posts or other content, the ability to create Subscriptions or make Donations to a Creator, restrict the Creator's access to certain Platform functionality, or block the Creator's Account in the event of: • the Creator's violation of the terms of this Agreement; • receipt of substantiated complaints regarding a Digital Product or the Creator's content; • suspicion of fraud or unlawful use of the Platform; • infringement or suspected infringement of intellectual property rights or other third-party rights; • the Creator'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 a Digital Product or content, or the Creator's continued use of the Platform's functionality, could cause harm to Users, the Operator, or third parties.
6.9. If a Creator's Account is blocked, automatic renewal of active Subscriptions to that Creator is discontinued, and no subsequent payments for those Subscriptions will be charged.
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 Clause 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. Deletion of a User's Account terminates automatic renewal of active Subscriptions and prevents any subsequent charges for those Subscriptions.
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.
Sole Proprietor Vasyl Petrovych Herchak Taxpayer ID (RNOKPP): 3276912492 Registered address: 16D Mechnykova St., Lviv, 79017, Ukraine Email: support@skynovix.com