OFFER AGREEMENT / PUBLIC CONTRACT
LLC 'Unicorn Soft', hereinafter referred to as the 'Provider', represented by General Director Meder Muradinov, acting under the Charter, hereby enters into this Public Service Agreement (hereinafter referred to as the 'Agreement') with any individual, hereinafter referred to as the 'Client'.
This Agreement constitutes a contract for granting paid access to software and services for automating business processes of beauty salons and individual specialists of the Provider via the website www.unibook.ai, concluded through a public offer, and governs the procedure for providing such services and the obligations of the Parties.
The text of this Agreement is posted by the Provider on the Internet at the following web address: www.unibook.ai
The Parties, guided by Part 2 of Article 398 of the Civil Code of the Kyrgyz Republic, have concluded this Agreement on the following terms:
1. Subject of the Agreement
1.1. Under this Agreement, the Provider undertakes to grant access to the admin.unibook.ai service and the Uniwork mobile application, while the Client undertakes to pay remuneration to the Provider.
1.2. Access is provided by the Provider through the website admin.unibook.ai.
1.3. The following terms and abbreviations are used in this Agreement:
- Website – a web resource hosted on the Internet at Unibook.ai.
- Personal Account – a set of protected pages of the Website, created as a result of Client registration and accessible upon entering the Client's authentication data (phone number and password) in the designated fields on the Website.
- Invoice – an invoice, invoice-facture, price agreement protocol, or any similar document determining the cost of services and, if necessary, the payment procedure.
1.4. All terms and definitions used in this Agreement apply equally to singular and plural forms, depending on the context.
1.5. The Client may use access to the Unibook.ai service according to the terms of the Agreement for the entire period specified on the Website.
1.6. The Provider does not provide individual consultations to the Client unrelated to the subject of the Agreement.
2. Procedure for Concluding the Agreement and Providing Access
2.1. This Agreement is a public contract under which the Provider assumes the obligation to provide services to an indefinite circle of persons (Clients) who have requested them.
2.2. Posting the text of this Agreement on the Website constitutes a public offer by the Provider addressed to an indefinite circle of persons to conclude this Agreement (Clause 1, Article 386; Clause 2, Article 398 of the Civil Code of the Kyrgyz Republic).
2.3. The Agreement is concluded by the Client's joining, i.e., by accepting (acceding to) the terms of this Agreement in full, without any conditions, exceptions, or reservations (Article 387 of the Civil Code of the Kyrgyz Republic).
2.4. Acceptance of this Agreement by the Client is evidenced by payment for the ordered services according to the procedure and conditions set forth herein. If the Client pays using credit provided by a bank, acceptance is evidenced by the Client entering into a corresponding agreement with the bank to pay for the Provider’s services (Clause 3, Article 399 of the Civil Code of the Kyrgyz Republic).
2.5. By accepting this public offer under the procedure established in this Agreement, the Client agrees to all the terms of the Agreement as set out in the text and is considered under the Civil Code of the Kyrgyz Republic as having entered into contractual relations with the Provider based on this Agreement. In accordance with Clauses 2 and 3 of Article 395 and Clause 3 of Article 399 of the Civil Code, the Agreement is deemed concluded in writing.
2.6. Upon performing the actions specified in Clause 2.4, the Provider grants the Client access to the admin.unibook.ai service and the Uniwork mobile application.
3. Rights and Obligations of the Parties
3.1. The Provider undertakes to:
3.1.1. Provide uninterrupted access to the admin.unibook.ai service and Uniwork mobile application.
3.1.2. Provide informational support to the Client on service provision and/or Website functionality on working days from 09:00 to 18:00 (until 17:00 on Fridays and on shortened working days according to the legislation of the Kyrgyz Republic).
3.1.3. Support inquiries are sent by the Client to the following email: unicornsoftllc@gmail.com
3.1.4. In case of errors/defects in Website functionality caused by the Provider, correct them at its own expense.
3.1.5. Refund payments to the Client in cases and under conditions provided by the Agreement.
3.2. The Provider has the right to:
3.2.1. Make changes to the functionality and structure of services, access conditions, pricing plans, and related services.
3.2.2. Engage third parties to perform obligations under this Agreement without Client consent.
3.2.3. Request information and documents from the Client necessary for proper performance of obligations.
3.2.4. Change the cost of services under the Agreement, with updated prices posted on the Website.
3.2.5. Temporarily suspend Website operation for scheduled maintenance or technical work.
3.2.6. Replace third parties involved in performing obligations under the Agreement.
3.3. The Client undertakes to:
3.3.1. Pay for services within the terms and conditions set forth in the Agreement, as indicated in invoices or agreed via messages in the Personal Account.
3.3.2. Timely provide complete and accurate information necessary for service provision (including during registration).
3.3.3. Use the Website and access only for personal or other non-commercial purposes.
3.3.4. Maintain confidentiality of login credentials and not share access data with third parties.
3.3.5. Promptly notify the Provider of any unauthorized access to the Personal Account.
3.3.6. Not post personal data of others or attempt to access or use others’ personal data.
3.3.7. Not register under another person’s name, as a group, or as a legal entity/entrepreneur falsely.
3.3.8. Not use software or actions disrupting Website operation, not upload or distribute viruses, and not use automated scripts without written permission.
3.4. The Client has the right to:
3.4.1. Access the Unibook.ai platform and Uniwork mobile app after meeting access conditions (Clause 2).
3.4.2. Receive informational support regarding service provision and Website functioning during the term of this Agreement.
3.4.3. To use access to the Unibook.ai platform services and the Uniwork mobile application solely for non-commercial purposes.
3.4.4. To send the Contractor comments, suggestions, and/or feedback related to the subject of this Agreement and/or the functioning of the Personal Account.
4. Service Fees and Payment Procedure
4.1. The cost of the Contractor's Services is determined based on the price of the product/service indicated on the Website or agreed in the Invoice, in soms.
4.2. The Customer shall pay the cost of the Contractor's Services under the terms of 100% prepayment in a single payment by transferring funds to the Contractor's account, unless otherwise specified in the Invoice issued to the Customer.
4.3. The date of payment is the date of receipt of funds in the Contractor's account.
4.4. Payment for Services is made by the Customer in favor of the Contractor by transferring the corresponding amount using methods supported by the Contractor. The Contractor has the right to independently determine the list of such methods and notify the Customer by posting the current list on the Website or by other means. Detailed rules for payment and refund of funds are contained in Appendix No. 1 to this Agreement.
4.5. The Customer may pay for the Contractor's Services using credit provided by the relevant bank (hereinafter referred to as 'credit').
4.6. The Parties acknowledge and agree that this Agreement is not a credit agreement; the Contractor is not a lender and has no obligations to the Customer in this regard. The Customer understands and agrees that credit is provided under the terms set by the respective bank. The Contractor is not responsible for the conditions of credit provision, including the amount and payment of interest, or for refusal by the bank to provide credit. Obligations to the bank related to the provision of credit are the responsibility of the Customer.
4.7. The date of Service/Product delivery is considered the date the service/product is provided to the Customer; accordingly, the Services/product are deemed delivered to the Customer.
5. Liability of the Parties. Limitation of Liability
5.1. In case of violation of the Agreement terms by the Customer, the Customer shall, upon written request from the Contractor, pay a penalty in the amount established according to the Contractor's current tariff policy at the time the violation is identified. The penalty amount depends on the nature and severity of the violation and is specified in the Contractor's written request.
5.2. In case of violation of this Agreement by the Customer, the Contractor has the right to deactivate the Customer's access to the Personal Account and block access to the Website without refunding any paid funds.
5.3. The Customer must pay the penalty within 15 (fifteen) calendar days from the date of receipt of the Contractor's claim (notice).
5.4. The Contractor is not liable for:
- the content of information posted in messenger chats (WhatsApp, Viber, Telegram) created by users, including the Customer;
- the use of personal data by third parties provided by the Customer in such chats;
- the quality of Internet connection and the functioning of the Customer's equipment and software;
- the mismatch of the Customer's equipment with the technical requirements needed to use Course materials, if such requirements are specified;
- any discrepancy between the Services provided under the Agreement and the Customer's expectations. The Customer's subjective assessment is not an objective measure of Service quality;
- errors or inaccuracies made by the Customer while using the Website functionality (including, but not limited to, incorrect data when placing an order, etc.);
- the use (or inability to use) and any consequences of using (or inability to use) the payment method selected by the Customer;
- actions (or inaction) of banks or third parties involved in payment processing or refund of funds in accordance with the terms.
5.5. The Contractor makes reasonable efforts to prevent failures and malfunctions of the Website, but does not guarantee uninterrupted operation and is not responsible for losses caused by technical failures, interruptions of providers or third parties, restricted Internet access, or failure of the Customer to secure their account credentials, as well as other circumstances beyond the Contractor's control.
5.6. Neither Party shall be liable for complete or partial non-performance of obligations if such non-performance results from force majeure events (including, but not limited to, fire, flood, earthquake, other natural disasters, strikes, war and military actions, epidemics, pandemics, or other circumstances beyond the Parties' control) that prevent fulfillment of this Agreement and occur after its conclusion.
5.7. If the Customer fails (or improperly fulfills) its obligations under the Agreement, including those in clause 4.2, the Contractor may terminate this Agreement unilaterally by sending an electronic notice to the email previously provided for Course access. The Agreement terminates on the date the notice is sent or on the date specified in the notice, and access to Course materials is deactivated simultaneously.
6. Intellectual Property. Confidentiality
6.1. As part of providing Services, the Contractor grants the Customer access to the Contractor's and/or third parties' intellectual property (hereinafter referred to as 'Intellectual Property').
6.2. Intellectual Property includes the results of intellectual activity of the Contractor and/or third parties, including but not limited to audiovisual materials, computer programs, LMS (learning management system), instructional and/or reference materials, assignments, informational resources.
6.3. The Customer must:
- refrain from any actions that violate the Contractor's and/or third parties' Intellectual Property rights, including copying, recording, reproducing, distributing in any form, modifying, or using to create derivative works without written permission;
- immediately notify the Contractor of any known violations of Intellectual Property rights;
- not provide login credentials for accessing the Personal Account to third parties. In case of loss or unauthorized access, the Customer must immediately notify the Contractor at unicornsoftllc@gmail.com.
6.4. All actions taken before sending such notification are considered performed by the Customer.
6.5. Confidential information includes any information related to the provision of Services not publicly disclosed by the Contractor. The Customer shall not disclose confidential information to third parties without prior written consent of the Contractor.
6.6. The Contractor has the right to use objects created by the Customer during the Course and mention the Customer as a user of the software and client in marketing and advertising materials.
7. Other Conditions
7.1. The Customer confirms that they are legally capable and of the age required by the legislation of the Kyrgyz Republic to engage in transactions using the Website.
7.2. The Customer acknowledges and agrees that Service may be refused in cases of:
- payment authorization failure by the Bank or electronic payment system;
- initiation of a refund procedure by the Customer as stipulated by the Agreement;
- other cases provided by the legislation of the Kyrgyz Republic or this Agreement.
8. Final Provisions
8.1. This Agreement is concluded upon the Customer performing actions specified in clause 2.4 and remains in force until the Parties fulfill their obligations.
8.2. The Contractor may amend this Agreement, add new conditions or appendices without prior notice to the Customer.
8.3. The Customer, knowing about possible changes, agrees to them. Continued use of Unibook.ai services and Uniwork app after changes signifies acceptance.
8.4. Amendments or new versions of the Agreement are communicated by posting on the Website.
8.5. Silence or lack of written objection by the Customer is considered consent to the changes.
8.6. This Agreement may be terminated by mutual agreement of the Parties.
8.7. Either Party may unilaterally terminate the Agreement by notifying the other Party via Personal Account or email at least 15 calendar days in advance.
8.8. If any provision is invalid or unenforceable, it does not affect the remaining provisions, which remain in force.
8.9. Any matters not regulated by this Agreement are governed by the laws of the Kyrgyz Republic.
8.10. Disputes are resolved through negotiation; if unresolved, Parties may go to court following Kyrgyz Republic law, with mandatory pre-trial settlement.
8.11. A Party believing its rights are violated must submit a claim to the other Party. A claim is valid if sent in a way confirming sender identity and receipt. Returned correspondence does not prevent court action. Including copies of supporting documents is optional.
8.12. The receiving Party must respond in writing within 10 business days. No response is considered agreement with the claim.
8.13. Parties recognize the legal validity of documents sent electronically or via Personal Account.
8.14. The Customer consents to processing of personal data provided during registration or service request in accordance with the Privacy Policy on the Website.
8.15. The Customer consents to the Contractor using their feedback online, anonymously, for marketing purposes. Consent can be withdrawn by written request to the Contractor.
8.16. The Customer consents to receive marketing messages, newsletters, promotions, and notifications via email, phone, or messengers including Viber, Telegram, WhatsApp.
9. Parties’ Details
9.1. The Parties agree that Customer details are those provided during registration, course access request, or payment of Services.
Contractor's Details:
LLC 'Unicorn Soft'
TIN: 01709202410127
Legal Address: Bishkek, Igemberdiyeva St. 1a, 8th floor, office 803
Account: 1240020001766618
Bank: OJSC 'Bakai Bank'
BIC: 124030
Email: unicornsoftllc@gmail.com
Phone: +996-559-177-188