Terms of Use for the TOSYA Platform

2.2. Other terms not defined in these Terms shall have the meanings established by the applicable legislation of Ukraine.

3.1. The Platform is an online information intermediary service that provides Clients and Masters with the technical ability to find one another, exchange information and discuss potential cooperation.

3.2. The Administration is not a provider of construction, renovation, design, installation or any other work or services and is not an agent, representative, intermediary, employer, contractor, customer or party to any agreement between a Client and a Master.

3.3. All arrangements regarding the subject matter, price, deadlines, scope, quality, warranties, materials, payment procedure and responsibility for the result of the work or services are made directly between the Client and the Master outside the Platform. The Administration is not a party to such arrangements and does not control their performance.

3.4. The Administration does not accept, process or transfer payments for work performed or services provided by Masters to Clients.

3.5. The Administration does not verify whether Masters hold licences, permits, qualifications or the status of a business entity unless otherwise expressly provided by the Platform’s functionality. Users must independently verify such information before entering into contractual relations with one another.

4.1. The Platform is intended for use within the territory of Ukraine. Relations arising from these Terms shall be governed by the legislation of Ukraine.

4.2. Users are independently responsible for complying with the requirements of Ukrainian legislation when using the Platform, publishing Content, communicating with other Users and fulfilling arrangements made between themselves.

5.1. To access certain functions of the Platform, the User creates an Account by selecting an Account type, Client or Master, and completing the registration form.

5.2. During registration and throughout the entire period of using the Platform, the User undertakes to provide accurate, current and complete information and to update it in a timely manner.

5.3. The User is responsible for maintaining the confidentiality of their credentials and for all actions performed using their Account. All actions performed using the User’s Account shall be deemed to have been performed personally by the User.

5.4. The User must immediately notify the Administration at support@tosya.app of any unauthorised use of the Account or any suspected security breach.

5.5. Registration on the Platform is available to persons who have full civil capacity pursuant to Article 34 of the Civil Code of Ukraine. Persons under the age of 18 may use the Platform only with the consent of their parents, adoptive parents or guardians in cases provided for by the applicable legislation of Ukraine.

5.6. The Administration has the right to refuse registration, restrict, temporarily suspend or delete an Account if the User violates these Terms, the applicable legislation of Ukraine or the Platform’s rules, or provides inaccurate information.

6.1. A User may have a Client Profile, a Master Profile or another type of Profile in accordance with the Platform’s functionality.

6.2. The Master is independently responsible for the information published in their Profile, including descriptions of services, experience, photographs, videos, prices, Portfolio and other materials.

6.3. The Client is independently responsible for information published in Requests, messages or their Profile.

6.4. Publishing false, misleading, unlawful or offensive information, as well as information belonging to third parties without their proper authorisation, is prohibited.

7.1. Clients may create Requests for the performance of work or provision of services.

7.2. The Client is responsible for the accuracy of the Request description, specified deadlines, budget, place of performance and other information.

7.3. Masters may view Requests and submit Proposals or otherwise express interest in accordance with the Platform’s functionality.

7.4. Publishing a Request does not constitute an offer by the Client and does not oblige the Client to select a Master. A Master’s Proposal does not guarantee that an agreement will be concluded between the Client and the Master.

8.1. Masters may submit Proposals in response to Clients’ Requests within the available functionality of the Platform.

8.2. The Administration has the right to limit the number of Proposals available to a Master and to offer Proposal packages or other Paid Features for purchase.

8.3. The Master is responsible for the content of their Proposal and for the accuracy and feasibility of the stated deadlines, price, experience and conditions for performing the work or providing the services.

9.1. The Administration may provide Paid Features, including a PRO subscription, Proposal packages or other additional functions.

9.2. The price, validity period and conditions of Paid Features are specified on the Platform when the payment is made. Payment is made in the national currency of Ukraine, the hryvnia, through payment services integrated into the Platform.

9.3. Paid Features constitute payment for access to the Platform’s functionality and are not payment for work performed or services provided by Masters to Clients.

9.4. The Administration has the right to change the list, price, conditions and availability of Paid Features. Such changes shall not apply to Paid Features paid for before the changes take effect during the paid period.

9.5. Since Paid Features are services whose provision begins upon activation, amounts paid are non-refundable after activation or actual commencement of use, unless otherwise expressly stated on the Platform or required by mandatory provisions of the applicable legislation of Ukraine.

9.6. The Administration provides the User with electronic confirmation of payment in accordance with the applicable legislation of Ukraine.

10.1. Users may exchange messages through the available Platform tools.

10.2. Users must communicate in good faith, respectfully and without violating the rights of others.

10.3. Sending spam, threats, insults, discriminatory statements, fraudulent proposals, unlawful Content or other messages that violate these Terms or Ukrainian legislation is prohibited.

10.4. The Administration has the right to review messages or other Content when necessary for moderation, complaint handling, ensuring Platform security or complying with the applicable legislation of Ukraine, subject to the Privacy Policy.

11.1. Masters may publish Portfolios, photographs, videos, descriptions of work and other Content.

11.2. By publishing Content, the User warrants that they are its author or have the necessary rights or permissions from the rights holders to publish it on the Platform, and that such Content does not violate third-party rights, including copyright, image rights and the right to privacy.

11.3. Publishing another person’s work as one’s own, duplicates of other Masters’ Portfolios or materials that violate the Law of Ukraine “On Copyright and Related Rights”, other third-party rights or Ukrainian legislation is prohibited.

11.4. The Administration has the right to inspect Portfolios, including through automated duplicate-detection tools, and to conduct manual moderation of such materials.

11.5. If violations are identified, the Administration has the right to hide, reject or delete Content and restrict the User’s access to certain functions of the Platform.

12.1. Users may leave Reviews and ratings in accordance with the Platform’s functionality.

12.2. Reviews must be accurate, appropriate and based on actual experience of interaction between Users.

12.3. Publishing false Reviews, manipulating ratings or posting offensive or false comments is prohibited.

12.4. The Administration has the right to delete or hide Reviews that violate these Terms or the Platform’s rules. A User whose rights have been infringed by a Review has the right to submit a complaint to the Administration in accordance with Section 14 of these Terms.

14.1. Users may report violations through the available complaint tools or by contacting the Administration at support@tosya.app.

14.2. The Administration has the right, but not the obligation, to inspect Content, Profiles, Requests, Portfolios, Reviews, messages and other materials.

14.3. Moderation decisions are made by the Administration with due regard to these Terms, the Platform’s rules, the nature of the violation and the available information.

14.5. Complaints are reviewed by the Administration within a period not exceeding 30 (thirty) calendar days from the date of receipt.

15.1. The Platform, its design, logos, trademarks and service marks, texts, software code, database, interface elements and other materials are intellectual property objects owned by the Administration or lawfully used by it and are protected in accordance with the Civil Code of Ukraine and the Law of Ukraine “On Copyright and Related Rights”.

15.2. Users do not acquire any intellectual property rights to the Platform or its elements, except for the non-exclusive right to use the Platform in accordance with these Terms. Copying, reproduction, distribution, decompilation or other use of the Platform or its elements without the Administration’s written consent is prohibited.

15.3. Content published by a User on the Platform remains the property of the User or the respective rights holder.

15.4. By publishing Content on the Platform, the User grants the Administration a non-exclusive, royalty-free, perpetual and worldwide licence to use such Content, including its reproduction, storage, communication to the public, display to other Users, moderation, adaptation for technical purposes, use for promoting the Platform and improving the service. The licence terminates in respect of Content deleted by the User, except where continued storage of the Content is necessary to comply with the applicable legislation of Ukraine or protect the Administration’s rights.

16.1. The User is independently responsible for their actions on the Platform, published Content, communication with other Users and fulfilment of arrangements outside the Platform.

16.2. Clients and Masters independently agree on the terms of cooperation, payment for work or services, deadlines, materials, warranties and other material conditions.

16.3. The Administration is not liable for the quality, timing, price, safety, outcome or non-performance of work or services by Masters, or for Users’ actions or omissions outside the Platform.

16.4. The User undertakes to compensate the Administration for losses caused by a violation of these Terms or third-party rights, including legal assistance costs.

17.1. The Platform is provided on an “as is” and “as available” basis.

17.2. The Administration does not guarantee that the Platform will operate continuously, without errors or be available at all times. The Administration has the right to suspend the Platform for maintenance.

17.3. The Administration does not guarantee the accuracy of information independently published by Users on the Platform.

17.4. To the extent permitted by the applicable legislation of Ukraine, the Administration shall not be liable for any indirect losses, loss of profit, loss of data, disputes between Users or consequences of arrangements between Clients and Masters.

17.5. The Administration shall be released from liability for failure to perform or improper performance of its obligations where such failure is caused by force majeure circumstances.

18.1. Users’ personal data is processed in accordance with the Law of Ukraine “On Personal Data Protection”, Regulation (EU) 2016/679 (GDPR) where applicable, and the Platform’s Privacy Policy.

18.2. By accepting these Terms, the User confirms that they have reviewed the Privacy Policy and have been informed about the personal data controller, the scope and content of personal data, the purposes of its processing and the persons to whom personal data is transferred, in accordance with the Law of Ukraine “On Personal Data Protection”.

19.1. The User has the right to stop using the Platform at any time or request deletion of their Account through the available Platform functionality. The Account shall be deleted within 30 (thirty) calendar days from the date the request is received.

19.2. The Administration has the right to restrict or terminate the User’s access to the Platform if the User violates these Terms, the applicable legislation of Ukraine or the rights of others.

19.3. After use is terminated, certain User data may be retained in cases and for periods necessary to comply with legal obligations, protect the rights of the Administration or other Users, resolve disputes or ensure Platform security, in accordance with the Privacy Policy.

20.1. The Administration has the right to amend these Terms unilaterally.

20.2. The updated version of the Terms is published on the Platform with its effective date. Changes take effect on the date specified in the updated version, but not earlier than the date of publication.

20.3. Continued use of the Platform after the updated Terms take effect constitutes the User’s acceptance of such changes. If the User does not agree with the changes, the User must stop using the Platform.

21.1. All disputes between the Administration and the User shall be resolved through negotiations. A claim must be sent to support@tosya.app and shall be reviewed within a period not exceeding 30 (thirty) calendar days.

21.2. If no agreement is reached, the dispute shall be submitted to a court in accordance with the applicable legislation of Ukraine.

22.1. Users may contact the Administration regarding these Terms, the operation of the Platform or complaints at support@tosya.app.