Sole Proprietor Аndrii Yuriyоvych Sviеrсhkov (hereinafter referred to as the "Administration") offers any individual who responds to enter into this User Agreement (hereinafter referred to as the "Agreement") on the terms set forth below.
1.1. This Agreement is a public adhesion contract, the terms of which are established equally for all persons who accept it.
1.2. This Agreement may only be entered into by the accepting person's adherence to the terms of the Agreement as proposed by the Administration. The accepting person has no right to propose their own terms for the Agreement.
1.3. Visiting the Website or installing the Application constitutes full and unconditional acceptance of this Agreement by the accepting person. Provisions of the Agreement that apply exclusively to registered Users take effect for such person only upon completion of Registration.
1.4. If a person disagrees with any provision of the Agreement or with the Agreement as a whole, they are obligated to immediately leave the Website and refrain from using it in the future, as well as refrain from installing the Application on any device.
1.5. By accepting this Agreement, the person confirms that they:
1.5.1. possess the necessary legal capacity, and therefore fully understand the significance of their actions and are able to control them;
1.5.2. understand the subject matter and content of the Agreement, the rights and obligations of each Party arising from or related to the performance of the Agreement, as well as the meaning of the terms used in the Agreement;
1.5.3. their expression of will is free and corresponds to their genuine intent;
1.5.4. are not bound by any obligations and are not aware of any circumstances that would prevent them from entering into and duly observing and fulfilling all terms of the Agreement;
1.5.5. there is no fraud or other concealment of facts that may be of material significance and that are knowingly not disclosed to them;
1.5.6. intend to use the Website and/or Application solely for the purpose of receiving the services provided under this Agreement;
1.5.7. will duly observe and fulfill all terms of the Agreement that apply to them.
1.6. The Administration reserves the right to amend and/or supplement this Agreement unilaterally at any time without any special notice to the User.
Such amendments and/or supplements take effect upon the expiration of 5 (five) calendar days from the date the new version of the Agreement is published on the Website and/or in the Application.
The User's continued use of the Website and/or Application after the new version of the Agreement takes effect constitutes their acceptance of the amendments and/or supplements made.
The terms used in this Agreement have the following meanings:
Website means the internet resource consisting of web pages united under the domain name "equalibra.org."
User means any visitor of the Website and/or any person who has installed the Application on their device.
Registered User means a User who has completed Registration.
Administration means Sole Proprietor Аndrii Yuriyоvych Svіerсhkov, tax identification number 3233612292, registered at: Ukraine, 020175, city of Kyiv, Kharkivske shose 55a, apt. 106
Works means texts of literary and artistic works presented in electronic form that are protected as objects of copyright.
Library means the informational content of the Website and/or Application provided by the Administration, including Works, information accompanying the Works, reviews of the Works, and other information published by the Administration.
User's Personal Books means Works independently uploaded by a Registered User that are not available for viewing (reading) by other Users.
Application means a software application that, once installed on a device, provides access to Works available in the Library and to the User's Personal Books without visiting the Website.
Account means a Registered User's account that contains Personal Data.
Personal Data means the aggregate of information about a Registered User, specifically: first and last name, email address, and other data voluntarily provided by the User.
Login means a combination of Latin alphabet characters automatically generated based on a Registered User's first and last name, which may subsequently be changed by the Registered User.
Password means a unique set of characters that allows a Registered User to access their Account.
Registration means the process of a User creating an Account.
Authorization means the process of identifying a Registered User on the Website and/or in the Application.
Subscription means obtaining full access to the Library for a specified period of time.
3.1. Under this Agreement, the Administration provides services granting access to the Library.
3.2. Any Registered User is provided with limited access to the Library, which includes the ability to:
3.2.1. view information accompanying the Works and reviews of the Works;
3.2.2. view (read) free Works;
3.2.3. preview (read) portions of Works for which full access is paid;
3.2.4. create bookmarks within the Works.
In addition, any Registered User has the ability to upload their User's Personal Books for subsequent viewing (reading) through the Website and/or Application.
3.3. Full access to the Library is provided exclusively to Registered Users on a paid basis, as described in Section 7 of the Agreement.
3.4. A User who has not completed Registration is granted only restricted access to the Library, allowing them to view (read) information accompanying the Works, reviews of the Works, free Works, and portions of Works for which full access is paid.
4.1. User Registration on the Website is voluntary and free of charge; however, without completing Registration, it is not possible to obtain full access to the Library and/or upload User's Personal Books.
4.2. The User may, at their discretion, choose one of the following methods of Registration:
4.2.1. enter their first and last name, email address, and Password into a designated form on the Website or in the Application;
4.2.2. sign in to the Website or Application through one of the social networks offered by the Administration.
4.3. After Registration, the User may, at their discretion, change the Password used for Authorization to access their Account and/or their Login.
The Administration may establish requirements for the Login, including rejecting a Login changed by a Registered User due to the existence of another User with the same Login and/or due to its incorrectness and/or offensive nature, as well as prohibiting further use of a Login and requiring its replacement with a different Login.
A Registered User may not transfer their Password to any third parties and bears full responsibility for its safekeeping.
4.4. Unless the User proves otherwise, any actions performed using their Account are deemed to have been performed by the respective User.
If unauthorized access to the Account is discovered and/or an attempt at such access is made, the User is obligated to immediately change the Password and notify the Administration of the unauthorized access and/or attempt at such access by sending a written notification to the email address support@equalibra.org.
4.5. During Registration, the User undertakes to provide truthful, accurate, complete, and up-to-date information. The User bears responsibility under the current legislation of Ukraine for providing false, inaccurate, incomplete, and/or outdated information and/or for using the personal data of third parties.
4.6. If the Administration has reason to believe that the User has provided inaccurate and/or false information, the Administration may at any time request that the User verify the information they have provided, including by means of identity documents.
If the data contained in the documents submitted by the User does not match the data provided during Registration, and/or the User fails to provide the requested documentary confirmation within 3 (three) business days of receiving the Administration's request, the Administration has the right to temporarily suspend the User's access to their Account and/or delete the User's Account.
4.7. A Registered User may at any time request that the Administration delete their Account by sending a corresponding request from the email address specified in their Account to the email address support@equalibra.org.
5.1. When the User uses the Website and/or Application, the Administration may process the following information:
5.1.1. Personal Data of a Registered User entered by them into a designated form on the Website or in the Application, or obtained during Registration from social networks, as well as data subsequently specified by them in the Account;
5.1.2. data that does not personally identify the User, collected automatically when the User visits the Website and/or Application through cookies and similar technologies.
5.2. By completing Registration, the User provides their voluntary consent to the processing of their Personal Data under the conditions established by the current legislation of Ukraine, and also confirms their awareness of their rights as a personal data subject and of the requirements for personal data processing in accordance with the Law of Ukraine "On the Protection of Personal Data."
The Personal Data of a Registered User is included in a personal data database located on the Administration's server, and is stored therein for as long as the User's Account exists, or as long as necessary to prevent any unlawful actions and/or to comply with the requirements of Ukrainian legislation and/or until the resolution of any relevant disputes. Upon expiration of the Personal Data storage period, the Administration undertakes to destroy the Registered User's Personal Data.
The Registered User's consent to the processing of their Personal Data confirms their voluntary agreement to the transfer of Personal Data to third parties without additional notice in the following cases:
If a Registered User provides their Personal Data to other Users, including by publishing it on the Website or in the Application for public access, the User bears sole responsibility for any negative consequences of their actions.
5.3. The Administration processes User information described in clause 5.1 of the Agreement for the following purposes:
5.3.1. identification of a Registered User when they use the Website and/or Application;
5.3.2. providing the Registered User with access to the Library and the ability to upload User's Personal Books;
5.3.3. improving the quality, usability, functionality, and security of the Website and/or Application;
5.3.4. maintaining communication with the Registered User;
5.3.5. conducting research and statistical analysis, including through various statistical tools and services, and generating reports;
5.3.6. organizing and conducting various contests and/or other public events, and for any marketing and advertising purposes.
5.4. The Administration takes all necessary measures to protect User information from unauthorized access, disclosure, distribution, alteration, destruction, and other unlawful actions by third parties. However, the measures taken by the Administration to protect User information cannot guarantee its absolute security, and therefore the Administration is not liable for the disclosure and/or damage and/or loss of information during its transmission/receipt and/or subsequent processing.
6.1. The User has the right to use access to the Library and/or independently upload User's Personal Books exclusively for the purpose of viewing (reading) Works through the Website and/or Application for personal, non-commercial purposes.
6.2. Any other use of Library access, including making Works available to the general public, their public performance, public broadcasting, public display, modification (adaptation), translation, distribution, rental, commercial lending, import, and/or export, is strictly prohibited.
6.3. By obtaining access to the Library, the User confirms their awareness that the Administration and/or third parties lawfully hold intellectual property rights to the Works contained therein.
Use of Library access is permitted only provided that the Works remain unaltered and the author's name, copyright notices, and/or other statements of rights ownership are preserved.
6.4. Partial use of quotations (short excerpts) from the Works is permitted, subject to mandatory attribution of the author and source, to the extent justified by the intended purpose, including when the quotation is necessitated by the critical, polemical, scholarly, or informational nature of the work in which the quotations are included.
6.5. Access to the Library is possible only when the User has an internet connection. However, reading Works through the Application does not require a constant internet connection.
6.6. A Registered User has the right to leave reviews of Works in the Library, which may be used at the Administration's discretion without any restrictions or obligations regarding their confidentiality.
The Administration is not obligated to review the content of reviews when reproducing and making them publicly available through the Website and/or Application, nor to monitor the Website and/or Application for reviews that do not comply with the terms of this Agreement.
If the Administration identifies a review that does not meet the requirements of clause 8.1.9 of the Agreement, it may remove such review at any time without notice to or consent from the Registered User.
6.7. A Registered User has the right to upload User's Personal Books for subsequent viewing (reading) through the Website and/or Application. The number of uploaded User's Personal Books may not exceed 100 items.
A Registered User warrants that the User's Personal Books and their related actions do not violate the legislation of Ukraine and/or international norms, the rights of third parties, and do not cause or cannot cause harm to the honor, dignity, or business reputation of such persons.
If the Administration establishes that the User has violated this warranty, or if it has reason to believe that such a violation may occur, the Administration has the right, at its discretion, to temporarily suspend the User's access to their Account and/or delete the User's Account.
The User undertakes to bear sole responsibility for any breach of the warranty set forth in this clause, and if the Administration suffers any losses or other expenses as a result of the User's actions, the User shall compensate them in full.
6.8. To access the Library and/or upload User's Personal Books through the Application, the User must install the Application on their mobile phone and/or other device capable of downloading and viewing (reading) Works.
The Administration has the right to offer the User an update or new version of the Application for download. By agreeing to install the update or new version of the Application, the User confirms that the terms of this Agreement also apply to such update or new version.
6.9. The Administration and/or holders of intellectual property rights to the Works may periodically add, edit, or remove Works from the Library. The Library is automatically updated and modified accordingly.
6.10. The Administration has the right, at its discretion, to impose limits on the number of devices through which Library access and the ability to upload User's Personal Books may be obtained. For this purpose, the Administration may store information about the unique identification numbers of the User's devices.
7.1. Full access to the Library is provided on a paid basis by purchasing a Subscription.
7.2. The Administration offers any Registered User the option to select one of the available Subscription plans at their discretion. The available Subscription plans and pricing are listed in the "Subscription" section of the Website, and when purchasing a Subscription through the Application, in the "Subscription" section of the Application's settings.
7.3. The Administration reserves the right to modify the Subscription plans, including adding and/or removing previously available plans, and increasing and/or decreasing the duration and/or price of any Subscription plans.
Such changes apply only to Subscriptions purchased after the changes have been communicated to Users, and do not apply to Subscriptions already in effect.
7.4. In addition to the standard Subscription plans specified in clause 7.1 of the Agreement, the Administration has the right to offer promotional Subscriptions, including those that provide access to specific Works and/or are associated with any public events.
7.5. Payment for the Subscription is made by non-cash payment.
From the moment the full Subscription price is received in the Administration's bank account and/or the Administration receives a corresponding notification from the payment system, the User immediately receives full access to the Library.
7.6. The Subscription is paid for the period specified in the selected Subscription plan, starting from the date the funds are received in the Administration's bank account.
The Subscription may be renewed for the next period at any time before the end of the current Subscription period, or after it has expired.
7.7. The Administration is not responsible for the actions of third parties that result in the non-transfer, late transfer, or incomplete transfer of funds to the Administration's bank account.
7.8. The User may not demand a refund of the Subscription fee from the Administration if the User did not use full Library access at their own discretion and/or for reasons beyond the Administration's control, including lack of internet access and/or malfunctions of the User's devices, and/or if the Subscription was terminated early due to the deletion of the User's Account in accordance with the terms of this Agreement and/or termination of the Agreement.
7.9. During any suspension of the User's access to their Account by the Administration, the Subscription term is paused. Once the Administration restores the User's access to their Account, the Subscription resumes, taking into account the time that elapsed before the suspension.
8.1. By accepting this Agreement, the User undertakes to:
8.1.1. refrain from any actions that may harm the business reputation of the Administration and/or third parties, violate their rights and/or interests, and/or contravene the legislation of Ukraine, international norms, business customs, and/or generally accepted moral standards;
8.1.2. refrain from using the Website and/or Application for any purposes that are unlawful and/or aimed at disrupting their normal operation and/or not permitted by this Agreement;
8.1.3. refrain from blocking or attempting to block any element of the security system of the Website and/or Application;
8.1.4. refrain from using any devices and/or software to gain unauthorized access to the Website and/or Application, including for the purpose of collecting information by means not specifically provided by the Administration;
8.1.5. refrain from modifying, decompiling, disassembling, decrypting, and/or performing other actions with the object code and source code of the Application and/or Website software;
8.1.6. refrain from infringing the intellectual property rights to Works contained in the Library and/or User's Personal Books, and from performing any actions that would infringe the intellectual property rights to the Application and/or objects and/or component elements of the Website;
8.1.7. refrain from registering on behalf of or instead of another person and/or providing inaccurate, incomplete, and/or outdated Personal Data and/or the personal data of third parties;
8.1.8. refrain from misrepresenting their identity by using another Registered User's Account;
8.1.9. refrain from posting reviews that:
8.1.10. refrain from removing and/or concealing advertising displayed on the Website and/or in the Application, and/or interfering with or blocking its display.
8.2. If the Administration establishes that any provision of clause 8.1 of the Agreement has been violated, or if it has reason to believe that such a violation may occur, the Administration has the right, at its discretion, to temporarily suspend the User's access to their Account and/or delete the User's Account.
9.1. The User acknowledges and confirms that their use of the Website and/or Application is provided on an "as is" basis, without any express or implied warranties. In particular, the Administration does not guarantee:
9.1.1. that no rights have been violated with respect to the Works contained in the Library;
9.1.2. error-free and uninterrupted operation of the Website and/or Application;
9.1.3. the safety of using the Website and/or Application, including that their use will not result in damage to the User's hardware or software, or any other adverse consequences for the User.
9.2. If the lack of access to the Library and/or uploaded User's Personal Books is caused by technical issues related to the operation of the Website and/or Application, the User may contact the Administration at the email address support@equalibra.org.
The Administration undertakes to take all possible measures to resolve issues preventing the User from receiving services under this Agreement, but cannot guarantee the achievement of the desired result.
10.1. For non-performance or improper performance of the terms of the Agreement, the Parties bear liability as provided by this Agreement and the current legislation of Ukraine.
10.2. The Administration is not liable for:
10.2.1. the actions or inactions of any persons aimed at compromising the security and normal operation of the Website and/or Application;
10.2.2. technical failures in the operation of the Website and/or Application caused by errors in the object code, computer viruses, and/or other malicious software;
10.2.3. the User's inability to access the Library due to the lack of an internet connection;
10.2.4. any direct, indirect, incidental, or unintentional damages suffered by the User and/or third parties, including lost profits, data loss, or harm to honor, dignity, or business reputation, caused in whole or in part by the temporary unavailability of the Website and/or Application for any reason, including scheduled maintenance of the Website's and/or Application's hardware and software systems.
10.3. The Parties are released from liability for partial or complete non-performance of their obligations under this Agreement if such non-performance is caused by force majeure circumstances.
Force majeure events under this Agreement include: fires, natural disasters, earthquakes, floods, tornadoes, hurricanes, epidemics, epizootics, quarantine measures, terrorist acts, military actions, declarations of a state of emergency, uprisings, acts of civil authorities and local self-government bodies, and other circumstances the occurrence, effects, and consequences of which could not be foreseen or prevented by reasonable measures, provided that such circumstances directly affect the Parties' performance of their obligations under the Agreement.
11.1. The Parties undertake to resolve all disputes arising between them under this Agreement or in connection with it through negotiations.
11.2. If the Parties are unable to reach agreement on disputed matters through negotiations, such disputes shall be submitted for resolution to a court in accordance with the current legislation of Ukraine.
12.1. This Agreement takes effect from the moment the User visits the Website and remains in force indefinitely.
12.2. This Agreement may be terminated before the expiration of its term by mutual consent of the Parties or unilaterally.
12.3. The User has the right to terminate the Agreement unilaterally at any time by notifying the Administration by email. The Agreement shall be deemed terminated 3 (three) business days from the date the Administration receives the User's email notification.
12.4. The Administration has the right to terminate the Agreement unilaterally in the event the User violates the provisions of clause 8.1 of the Agreement. The Agreement shall be deemed terminated from the moment the User receives an email notification thereof from the Administration.
12.4. Termination of the Agreement results in the immediate deletion of the User's Account and the cancellation of their Subscription.
13.1. All matters not addressed by this Agreement, as well as any disputed matters regarding the Agreement or in connection with it, shall be resolved in accordance with the current legislation of Ukraine.
13.2. If a court declares any provision of this Agreement invalid, such invalidation does not affect the validity of the other provisions or the Agreement as a whole, and therefore does not deprive them of their legal force.
13.3. By registering on the Website or in the Application, the User hereby consents to receive informational and promotional communications from the Administration at the email address provided during Registration.
The User has the right at any time to opt out of receiving communications from the Administration that are not related to the fulfillment of its obligations under this Agreement, by sending a corresponding notification to the Administration.
13.4. The Website may contain links to other internet resources, provided solely for the User's convenience. The presence of such links does not constitute any recommendation by the Administration regarding their usefulness and/or safety. The User bears sole responsibility for visiting and/or using such resources, including for the accuracy, completeness, and reliability of the information published on them and for the confidentiality of data transmitted to them.
13.5. The Parties confirm that this Agreement has been entered into on terms favorable to them, reflects their free expression of will, and is not the result of the influence of any persons and/or circumstances.
