Public offer

General provisions

This public offer (the “Offer”) is a proposal by Sole proprietor (FOP) Kudla Maksym Valentynovych (the “Seller”, “we”) to enter into a contract for Matcha Wedding services under paid packages (the “Contract”) with any person who accepts it (the “Customer”, “you”).

The Offer is a public contract under Articles 633 and 641 of the Civil Code of Ukraine: its terms are the same for every Customer. The Contract is concluded electronically under the Law of Ukraine “On Electronic Commerce” and has the same legal effect as a contract made in writing.

The Offer applies together with the matcha.wedding Terms of use and Privacy policy. Where they differ from the Offer on package payments, the Offer prevails.

The Free package is free of charge; its use is governed by the Terms of use.

This translation is provided for convenience. If it differs from the Ukrainian text, the Ukrainian text prevails.

Definitions

• “Service”, “Matcha Wedding” — the matcha.wedding website, the couple cabinet at my.matcha.wedding and the wedding websites at *.matcha.wedding.
• “Event” — a wedding for which a wedding website has been created in the Service.
• “Event Owner” — the person who created the Event in the cabinet. Only the Event Owner can choose and pay for a package.
• “Customer” — an Event Owner who has paid for a package.
• “Package” — a set of features for one Event (storage, how long the site stays up, modules, designs), paid for once. A Package is not a subscription.
• “Event Date” — the wedding date set in the cabinet.
• “Guests” — people who open the wedding website, reply to the invitation, upload photos or reserve gifts.
• “Customer Content” — texts, photos, names and other data that the Customer and the editors they invited place on the wedding website.
• “Payment Provider” — the plata by mono (monobank) internet acquiring service that takes card payments.

Subject of the Contract

The Seller provides the Customer with remote online access to the Matcha Wedding service (SaaS) with the features of the chosen Package for one Event, for the term of the Package, and the Customer pays for that Package on the terms of the Offer. The Service is used over the internet: in the couple cabinet and on the wedding website.

The service is not custom development of a website or software for the Customer, and not a transfer of software, its copies or source code on any electronic or physical medium. The Seller hands over no software to the Customer.

The rights in the software and the Service (other than Customer Content) remain with the Seller. The Customer gets only the right to use the Service’s features within the paid Package.

A Package applies only to the Event it was paid for and cannot be moved to another Event or another person.

Acceptance of the Offer

Paying for a Package is full and unconditional acceptance of the Offer under Article 642(2) of the Civil Code of Ukraine. By paying, the Customer confirms they have read and agree to the Offer, the Terms of use and the Privacy policy.

The Contract is concluded when the Payment Provider confirms the payment.

Before payment, the cabinet shows the Package name, the Event it is bought for and the amount due.

The Customer must be an adult with full legal capacity. By paying, the Customer confirms they are entitled to use the payment card they pay with.

Packages and prices

The contents and prices of the Packages are shown in the Pricing section on matcha.wedding and on the “Wedding package” page of the couple cabinet, which the Customer sees before payment.

Prices are in hryvnias. The amount due is final: the cabinet shows it before payment, and the price is fixed at the moment of payment.

A paid Package works on the terms in force at the moment of payment (the Package’s contents, storage and how long the site stays up). Later changes to Package prices and contents do not affect a Package already paid for.

A Package can only be upgraded: when moving to a more expensive Package, the Customer pays the price difference between the Packages.

Payment

Payment is made in hryvnias by bank card (and by Apple Pay or Google Pay where available) on the Payment Provider’s secure page, to which the cabinet sends the Customer.

We do not receive or store full payment card details: the Payment Provider processes them.

A payment is made once the Payment Provider confirms it. If a payment fails or the payment page expires, the Package does not change and the payment can be tried again.

The Payment Provider sends the payment confirmation. The payment also shows in the couple cabinet on the “Wedding package” page: date, Package, amount and status.

Provision of the service and its term

The paid Package’s features turn on for the Event automatically once the Payment Provider confirms the payment. If the Package has not turned on after a confirmed payment, write to support@matcha.wedding: we will turn it on or refund the payment.

The service is provided for the term stated in the Package description at the moment of payment: how long the wedding website stays up after the Event Date. After that, the wedding website and its data — guest photos, guest replies, the wish list and reservations — are permanently deleted, and the service is deemed fully provided.

If the paid Package includes a custom design, at the Customer’s request to support we configure the wedding website’s design within the Service. If it includes connecting your own domain, support connects it on request; the Customer buys and pays for the domain itself separately. This is done during the site’s lifetime; we give the time it takes in our reply to the request.

Rights and obligations of the parties

The Seller undertakes to:

• give access to the paid Package’s features for the term set by the Offer;
• store and show the wedding website and its data until the end of the site’s lifetime;
• answer the Customer’s requests sent to support@matcha.wedding;
• process personal data in line with the Privacy policy.

The Seller may:

• change and improve the Service, provided this does not reduce the features of a Package already paid for;
• restrict or suspend the wedding website if the Customer breaches the Offer, the Terms of use or the law;
• engage third parties (hosting, file storage, email delivery, payment processing) to provide the service.

The Customer undertakes to:

• give true information in the cabinet, including the Event Date;
• not share access to the cabinet with others, and answer for the actions of the editors they invited;
• comply with the Terms of use and the laws of Ukraine.

The Customer may:

• use the paid Package’s features while it is in effect;
• move from Standard to Premium by paying the price difference;
• get a refund on the terms of the “Refunds” section;
• receive information about the service and their payments.

Customer Content

The Customer is responsible for Customer Content. Publish only what you have the rights to, and other people’s data and photos only with their consent.

The Customer grants the Seller a free, non-exclusive licence to store, process, reproduce and display Customer Content on the wedding website and in the cabinet, to the extent needed to provide the service, without territorial limits, for the wedding website’s lifetime. This licence does not let us use Customer Content in advertising without the Customer’s separate consent.

We do not review Customer Content before it is published, but we may hide or remove it or restrict the wedding website if the content breaks the law, other people’s rights or the Terms of use, or on a lawful demand.

If a third party brings a claim against us over Customer Content, the Customer settles it themselves and compensates us for the losses caused.

Refunds

Within 14 days of payment, the Customer may get a full refund for the Package on request, without giving a reason.

After 14 days from payment, no refunds are made, except where the service was not provided through our fault (for example, the Package did not turn on after payment). Partial refunds are possible only by agreement of the parties.

After a full refund, the Event moves to the Free Package with its limits (storage, site lifetime, modules). If the refunded payment was the move from Standard to Premium, the Event returns to Standard.

To get a refund, write to support@matcha.wedding from the email you sign in to the cabinet with, and include the link to the wedding website. The money goes back to the card the Package was paid with, through the Payment Provider, within 14 days of the request; when it reaches the card depends on the Customer’s bank.

By paying for a Package, the Customer asks for the service to start right after payment. The terms of this section do not limit the Customer’s rights as a consumer under the Law of Ukraine “On Consumer Rights Protection”, including the right to withdraw from a distance contract.

Limitation of liability

The parties are liable for failure to perform or improper performance of the Contract under the laws of Ukraine.

The Service is provided “as is”. We make reasonable efforts to keep the wedding website running without interruption, but we do not guarantee it will be free of outages, including those caused by maintenance or by failures of hosting, communication networks or the Payment Provider.

We are not liable for:

• data the Customer did not save before the site’s lifetime ended;
• content of the Customer, Guests and vendors;
• actions of Guests, editors and vendors;
• cash gifts through a monobank Jar, a PrivatBank Envelope or other third-party services;
• the Customer’s domain and its registrar’s services;
• indirect losses and lost profits.

Our total liability under the Contract is limited to the amount the Customer paid for the Package for the Event concerned.

These limits do not apply where the law prohibits limiting liability to a consumer.

Force majeure

The parties are not liable for failure to perform the Contract caused by circumstances beyond their control that they could not foresee or prevent: martial law and hostilities, air raid alerts, missile and other attacks, long power or communication outages, fires, natural disasters, decisions of public authorities, and failures of hosting or payment providers caused by such circumstances.

Martial law is in effect in Ukraine. A party affected by such circumstances notifies the other by email as soon as it can. Deadlines are extended for as long as these circumstances last.

Personal data

We process the personal data of the Customer, editors and Guests under the Law of Ukraine “On Personal Data Protection” and the Privacy policy. By accepting the Offer, the Customer confirms they have read the Privacy policy and their rights as a data subject.

The Customer enters payment card details on the Payment Provider’s page; we receive from it only the payment details (Package, amount, date, status and payment number).

Guest data is collected by the wedding website as the Customer decides: the Customer chooses what to ask Guests and is responsible for collecting that data lawfully. We process it on the Customer’s behalf only to run the wedding website.

Dispute resolution

The Contract is governed by the laws of Ukraine.

Send claims about the service to support@matcha.wedding. We consider them within the time limits set by law and try to settle disputes by negotiation.

If a dispute cannot be settled by negotiation, it is resolved by a court of Ukraine under the jurisdiction rules set by law. A Customer who is a consumer may also contact the state consumer protection authority.

Term and changes to the Offer

The Offer is in effect from the edition date shown at the top of the page until it is withdrawn or replaced by a new edition.

We may change the Offer by publishing a new edition on this page. A Package already paid for stays under the edition in effect at the time of payment, unless the new edition is better for the Customer.

The Contract is in effect from payment until the end of the wedding website’s lifetime or until a full refund.

Seller details

• Sole proprietor (FOP) Kudla Maksym Valentynovych
• Taxpayer number (RNOKPP): 3182210299
• Single tax payer, group 3
• Email: support@matcha.wedding
• Website: matcha.wedding