SQUAREPOINT OPS LLC
Public offer agreement
A public contract does not require execution on paper and its subsequent signing by the parties; it has legal force due to the parties performing certain actions indicating their will to enter into a contractual relationship.
1. TERMS AND DEFINITIONS
For the purpose of performing this Agreement, the parties have agreed to use the following terms and definitions:
1.1. "Acceptance" - the complete, unconditional, and irrevocable acceptance by the investor of the terms of this Agreement.
1.2. "Investor" - any natural or legal person who has paid for the selected package of services on the website of the Performer and entered into this Agreement on the proposed terms.
1.3. "Services" - information and consultation services and services providing access to the Program provided by the Performer on the terms specified in this Agreement.
1.4. "Service Packages" - separate groups of Performer's Services, the names of such groups, and the list of Services included in each separate group, their cost, and conditions of provision, specified on the Performer's website.
1.5. "Program" - a computer program posted on the website.
1.6. "Website" - the website (information system) of the Performer, available on the Internet at the address (including subdomains):
1.7. "Parties" - together the Customer and the Performer who have entered into this Agreement.
1.8. "Party" - separately the Customer or the Performer who has entered into this Agreement.
2. GENERAL PROVISIONS AND SUBJECT OF THE AGREEMENT
2.1. In accordance with the terms and conditions specified in this Agreement, the Performer undertakes to provide the investor with the Services included in the package selected by the investor, and the investor undertakes to perform work on the terms provided in this Agreement.
2.2. This Agreement is a public offer agreement, the conditions of which are the same for all investors regardless of their status (natural person, legal entity).
2.3. This Agreement, as a public offer agreement, is considered concluded between the Performer, on the one hand, and the Investor, on the other hand, from the moment of the Customer's acceptance of all provisions and terms of this Agreement without exception.
2.4. The investor enters into this Agreement and receives the Performer's Services for the purpose of achieving their own personal goals.
2.5. The Services in accordance with the terms of the Agreement are provided by the Performer to the investor in accordance with the package of services selected by the Customer. The conditions of provision, cost, and list of Services included in each individual package of services are specified on the Website.
2.6. Information and consultation services provided by the Performer to the investor in accordance with the terms of this Agreement are of a non-individual (general) nature and may be provided, including in the format of training, seminars, webinars, etc.
2.7. The provision of Services in accordance with the package of services selected by the investor, including technically implemented by providing access by the Performer, on which the Program is located.
In this regard, the Performer reserves the right at its discretion to modify or release updates to the Website, mobile application, software products that enable the operation of the Program, introduce new, modify, or eliminate existing features and/or functionalities of the Program, including for the purpose of complying with legal requirements.
3. ACCEPTANCE OF THE PUBLIC OFFER
3.1. This Agreement comes into force upon its acceptance by the investor. Acceptance can be made by performing all of the following actions:
3.1.1. The investor fills out the registration in accordance with the Agreement's acceptance, as posted on the Website.
3.1.2. Payment by the investor for the investment proposal with the selected package of services on the Website.
In this case, the preparation of additional documents or the performance of other factual actions confirming the conclusion of this Agreement between the Performer and the Customer is not required.
4. OBLIGATIONS OF THE PARTIES
4.1. The Performer undertakes:
4.1.1. Provide Services to the Customer in accordance with the package of services selected by the Customer on the terms specified in this Agreement.
4.1.2. Provide the Customer with access to the Program.
4.1.3. Comply with the confidentiality provisions.
4.2. The Performer has the right:
4.2.1. Demand timely payment of the investment portfolio placed on the website.
4.2.2. Attract third parties (partners, experts, etc.) to fulfill its obligations under the Agreement.
4.2.3. Perform authentication (verification of data authenticity) of the investor. If, as a result of authentication, inaccuracies are found in the data provided by the investor, the Performer has the right to decide to suspend the provision of Services to the Customer, including suspending, restricting, or terminating the Customer's access to the Program or Website.
4.2.4. Carry out emergency or preventive work, temporarily suspending access to the Program or Website for this purpose.
4.2.5. In case of the systematic violation of the terms of this Agreement by the investor, the Performer has the right to unilaterally refuse to provide Services and terminate the Agreement without refunding the investor the payment for the investment portfolio.
4.3. The investor undertakes:
4.3.1. Timely and fully pay for the services of the Performer in accordance with the terms of this Agreement.
4.3.2. Provide the Performer with only accurate information about themselves and immediately inform the Performer of any changes.
4.3.3. 4.3.5. Not allow the possibility of any form of use of the Program by third parties.
4.4. The investor has the right:
4.4.1. In accordance with the terms and conditions specified in this Agreement, receive Services from the Performer, have access to the Program and Website.
4.4.2. Contact the Performer regarding the use of the Program in accordance with the procedures established by the Performer's local acts.
4.5. The investor is free to choose actions for the use of the Program and information received from the Performer, including using the Program. The investor independently makes decisions, including investment decisions, based on the information received from the Performer under this Agreement. In this regard, the investor acts independently, using the information received from the Performer, including the use of the Program.
5. SETTLEMENT PROCEDURE
5.1. The Services under the Agreement are determined in accordance with the package of services selected by the investor on the Performer's Website.
5.2. The investor can pay for the selected package of services through a special form on the Performer's Website or by transferring funds to the details provided by the company's representative.
5.3. The investor pays for the cost of the Performer's Services according to the selected package of services by fully subscribing to the cost of the selected package of services.
5.4. The date of payment for the cost of the Services is considered to be the date of receipt of funds to the Performer's settlement account.
6. ACCEPTANCE AND TRANSFER OF PROVIDED SERVICES
6.1. The Parties agree that the confirmation of the provision of Services under this Agreement is the provision of access to the Program to the investor, as the completeness of receiving Services under this Agreement depends entirely on the will of the Customer and their use of the Program.
6.2. In addition, the Performer has the right to draw up Acts of acceptance and transfer of the provided services under the Agreement and provide them in two copies for the investor to sign. In this case, the investor, within 3 (three) calendar days from the date of receiving the copies of the Act, is obliged to sign them and return one of the signed copies of the Act to the Performer and/or provide the Performer with a written justified refusal to sign the Act.
7. LIABILITY OF THE PARTIES AND STATEMENTS
7.1. The investor guarantees that they are fully capable and legally competent to enter into this Agreement. The investor undertakes to maintain the validity of this guarantee throughout the term of the Agreement. In the event of the investor's failure to comply with the provisions of this section of the Agreement, and in case the Performer incurs losses as a result, the investor bears direct responsibility for such consequences and is obliged to compensate the Performer for all losses incurred in full.
8. AGREEMENT TERM
8.1. This Agreement enters into force from the moment of its Acceptance and is valid for the duration of the package of services paid for by the investor.
8.2. This Agreement may be terminated (prematurely terminated) unilaterally by either Party, provided written notice is given to the other Party at least 7 (seven) calendar days before the termination (premature termination) of the Agreement. In this case, the funds paid by the investor to the Performer under this Agreement will be refunded within 150 banking days.
9. CONFIDENTIALITY WARNINGS
9.1. Any information about the Customer or the Performer, which becomes known in connection with the execution of this Agreement and which, in the event of disclosure, may harm them, is considered confidential. In addition, the Parties have agreed that any information obtained by the investor in connection with the use of the Program is also considered confidential.
9.2. The Parties undertake not to disclose confidential information that becomes known to them in the course of performing the conditions of this Agreement without the written consent of the other Party. The Party that discloses confidential information due to legal requirements must immediately inform the other Party of such disclosure.
10. PERSONAL DATA PROTECTION
10.1. By accepting the Agreement, the Customer provides informed and voluntary consent for the processing of their personal data obtained by the Parties in the course of executing the conditions of this Agreement, including the data specified in the Agreement Acceptance application placed on the Website, data specified in other documents provided by the Customer to the Performer and/or signed by the Parties in the process of executing the conditions of the Agreement, i.e., data (i) through public communication networks, (ii) through information and telecommunications networks of international information exchange, including foreign entities involved in relationships related to personal data, in cases and for purposes specified in this section, as well as provides informed and voluntary consent to receive personal data of the representative of the Customer from any lawful sources, including from the Customer themselves and from third parties, to the extent of the information provided/received under this Agreement and necessary for the execution of the Agreement.
12. FINAL PROVISIONS
12.1. The Performer assumes no conditions or obligations regarding the subject matter of the Agreement, except as specified in it.
12.2. In the event of disputes and disagreements, the Parties will make every effort to resolve them through negotiations.
12.3. In case it is not possible to resolve disputes and disagreements through negotiations or in a pre-trial procedure, the Parties have the right to refer the dispute to a court at the location of the Performer.
12.4. All changes to this Agreement come into effect from the moment of their publication on the Performer's website.
12.5. The investor is considered informed of the changes made to the Agreement from the moment of their publication on the Performer's website.
The investor's email address is specified in the Agreement Acceptance application posted on the website.
The Parties have agreed that any notifications, documents provided by the Parties to each other, through the exchange of letters sent by email to the specified addresses, have full legal force until they receive the originals of such messages and documents.
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