Public Offer

This Public Offer Agreement (hereinafter — the "Agreement" or the "Offer") governs the relationship between the Individual Entrepreneur Larichev Denys Vasylovych (hereinafter — the "Provider"), on the one hand, and any natural person who has reached the age of 18, legal entity or individual entrepreneur (hereinafter — the "Customer"), on the other hand, together — the "Parties", and each separately — a "Party".

This Agreement is the official public offer of the Provider, addressed to an indefinite range of persons, to conclude an agreement on the provision of services on the terms set out below.

The Agreement is concluded in accordance with Articles 633, 634, 641 and 642 of the Civil Code of Ukraine, Article 11 of the Law of Ukraine "On Electronic Commerce", the Law of Ukraine "On Consumer Rights Protection", the Law of Ukraine "On Personal Data Protection" and other applicable legislation of Ukraine.

Before accepting this Offer, the Customer is obliged to read all the terms of this Agreement in full. If the Customer does not agree with any term of the Agreement, the Customer must not accept it.

1. Terms and definitions

In this Agreement, the terms are used with the following meaning:

1.1. Website — the Provider's website located on the Internet at https://memory-qr.com.ua/, through which the Customer places an order and obtains access to the Service.

1.2. Service — the set of actions of the Provider for creating an individual digital memorial page about a deceased person (hereinafter — the "Memorial Page") and providing the Customer with a unique QR code that gives access to such a page.

1.3. Memorial Page — a separate web page on the Provider's Website intended to commemorate a deceased person, containing the information provided by the Customer (full name, dates of life, photos, biographical details, videos, memories, etc.).

1.4. QR code — a two-dimensional barcode containing a unique link to the Memorial Page. It is provided to the Customer solely in electronic form (in PNG/PDF or another graphic format) for further independent printing or use.

1.5. Order — a request for the Service placed by the Customer on the Website, containing the Customer's contact details and the parameters of the Service.

1.6. Acceptance — the full and unconditional acceptance by the Customer of the terms of this Agreement by performing the actions provided for in clause 3.2 of this Agreement.

1.7. LiqPay — the payment service of JSC CB "PrivatBank", through which the Customer pays for the Service.

2. Subject of the Agreement

2.1. The Provider undertakes to provide the Customer with the Service, namely to:

2.1.1. create and activate the Memorial Page on the Provider's Website;

2.1.2. generate a unique QR code containing a link to the created Memorial Page;

2.1.3. provide the Customer with electronic access to the Memorial Page for further editing and filling with content;

2.1.4. provide the Customer with an electronic file containing the QR code for independent printing or other use by the Customer at their own discretion;

2.1.5. ensure the placement (hosting) of the Memorial Page on the Provider's Website on an indefinite basis — within the limits and on the terms set out in clause 5.5 of this Agreement — subject to the Customer making a full one-time payment for the Service.

2.2. The Customer undertakes to accept the Service and pay for it on the terms of this Agreement.

2.3. The Service is provided exclusively in electronic (digital) form. This Agreement does not provide for the manufacture, sale or delivery of any physical goods (a ceramic plate, metal medallion, granite slab, sticker, etc.). Printing the QR code on any physical medium and its placement is carried out by the Customer independently and at the Customer's expense.

3. Procedure for concluding the Agreement. Acceptance

3.1. The Agreement is concluded in electronic form without the need for it to be signed by the Parties, by the Customer joining the proposed Offer as a whole, without the right to propose their own terms (an adhesion contract within the meaning of Article 634 of the Civil Code of Ukraine).

3.2. Acceptance of this Offer (the moment of conclusion of the Agreement) is deemed to be any of the following actions performed by the Customer:

3.2.1. ticking the "I agree with the terms of the Public Offer Agreement" checkbox in the order form on the Website;

3.2.2. paying for the Service through the LiqPay payment service;

3.2.3. actual use of the Memorial Page and/or QR code provided by the Provider.

3.3. By accepting, the Customer confirms that they:

3.3.1. have read the terms of this Agreement in full and fully and unconditionally accept them;

3.3.2. understand the legal consequences of concluding this Agreement;

3.3.3. give consent to the processing of their personal data on the terms of Section 9 of this Agreement.

3.4. The Agreement is deemed concluded from the moment the Provider receives payment for the Service or confirmation of acceptance of the payment from the payment provider LiqPay.

3.5. An electronic agreement concluded in the manner provided for in this Section may not be declared invalid solely on the grounds that it was concluded in electronic form (Article 11 of the Law of Ukraine "On Electronic Commerce").

4. Cost of the Service and payment procedure

4.1. The cost of the Service is specified on the Provider's Website and is valid as of the moment the Order is placed.

4.2. The Provider is a payer of the single tax of the 3rd group and is not a VAT payer. The price of the Service includes all mandatory taxes and duties according to the chosen taxation system. No additional VAT amount is charged.

4.3. Payment for the Service is made by the Customer by non-cash settlement in hryvnia (UAH) through the LiqPay payment service (JSC CB "PRIVATBANK"). The Customer enters payment card details on the payment provider's secure page; the Provider does not receive, store or process the Customer's payment card details.

4.4. Payment is made on a 100% prepayment basis. The Service is deemed paid from the moment the funds are credited to the Provider's current account or the transaction is confirmed by LiqPay.

4.5. In the event of a failed payment authorisation or non-receipt of funds by the Provider, the Order may be cancelled unilaterally.

4.6. The Customer independently pays any fees withheld by their issuing bank or other institutions when making payment or refunding funds.

5. Procedure for providing the Service

5.1. After payment is received, the Provider activates the Memorial Page and provides the Customer with access to it and a file containing the QR code within 5 business days (as a rule — immediately, in automated mode). Access and the QR code are sent to the Customer's email address specified when placing the Order.

5.2. The Customer independently fills the Memorial Page with content (full name, dates, photos, text, video, etc.) through the access provided to them.

5.3. Should the Customer wish to delegate the filling of the Memorial Page with content to the Provider, this is carried out by separate arrangement and on additional terms agreed by the Parties outside the scope of this Offer.

5.4. The Service is deemed fully provided from the moment the Memorial Page is activated and access and the QR code are sent to the Customer — regardless of the amount of content the Customer has actually uploaded to the page. This fact is recorded in the technical logs of the Provider's Website, which have evidentiary value.

5.5. The Memorial Page is hosted on the Provider's technical infrastructure (server, hosting, domain name, software). The Customer expressly agrees and acknowledges that:

5.5.1. the term "indefinite hosting" means the absence of a predetermined fixed term, but is not a guarantee of eternal or boundlessly long operation of the Memorial Page. Hosting is limited to the period of actual existence of the Website and the period during which the Provider conducts business activity;

5.5.2. the operability of the Website and the Memorial Page directly depends on circumstances of a technical, economic, legal and other nature that may be beyond the reasonable control of the Provider, including: termination of the hosting provider's operation, expiry of the domain registration, technological obsolescence of the infrastructure, changes in legislation, termination of the Provider's activity, etc.;

5.5.3. the Provider reserves the right to terminate the operation of the Website and/or its own business activity at any time, which automatically terminates the provision of the Memorial Page hosting service;

5.5.4. in the event of a planned termination of the Website's operation or business activity, the Provider, where technically and organisationally possible, notifies the Customer by email at least 60 (sixty) calendar days before such termination and provides the opportunity to download the content of the Memorial Page. In cases of sudden or forced termination (bankruptcy, liquidation, force majeure, decisions of state authorities, a cyberattack destroying data, etc.) prior notice may be impossible, which is not considered a breach of this Agreement;

5.5.5. termination of the operation of the Website, the Memorial Page or the Provider's business activity for any reason is not grounds for refunding the funds paid by the Customer — in full or in part — since the Service is deemed fully provided from the moment defined in clause 5.4 of this Agreement.

5.6. The Provider does not guarantee uninterrupted 24/7 access to the Website and is not liable for temporary interruptions caused by scheduled or unscheduled maintenance, updates, failures of the hosting provider or communications provider, cyberattacks, power outages, force majeure circumstances, etc.

5.7. The Customer is advised to independently keep local backup copies of the content uploaded to the Memorial Page (photos, videos, texts, biographical details), since the Provider does not guarantee unlimited storage of such materials and is not liable for their loss as a result of the circumstances listed in clauses 5.5 and 5.6 of this Agreement.

6. Rights and obligations of the Parties

6.1. The Provider is obliged to:

6.1.1. provide the Service in accordance with the terms of this Agreement;

6.1.2. ensure technical support of the Website and availability of the Memorial Page within reasonable and technically feasible conditions;

6.1.3. maintain the confidentiality of the personal data provided by the Customer on the terms of Section 9 of this Agreement;

6.1.4. respond promptly to the Customer's technical enquiries through the communication channels specified on the Website.

6.2. The Provider has the right to:

6.2.1. unilaterally amend this Agreement, with mandatory publication of the updated version on the Website;

6.2.2. suspend or terminate the provision of the Service in the event of a breach by the Customer of the terms of this Agreement, in particular if the Customer uploads content that violates the legislation of Ukraine or the rights of third parties;

6.2.3. remove from the Memorial Page content that violates the legislation of Ukraine, the intellectual property rights of third parties, contains incitement to violence, discrimination or hostility, offensive or obscene materials, shocking or explicitly sexual content, or on other grounds provided for by applicable law;

6.2.4. engage third parties to fulfil its obligations under this Agreement without additional approval from the Customer;

6.2.5. use anonymised statistical data on the operation of the Website and the number of Memorial Pages created, without disclosing information that allows a specific Customer to be identified.

6.3. The Customer is obliged to:

6.3.1. provide accurate, complete and up-to-date information when placing the Order;

6.3.2. pay for the Service in the manner and amount provided for by this Agreement;

6.3.3. ensure the lawful use of the materials they upload to the Memorial Page (photos, videos, texts) on the terms of Section 7 of this Agreement;

6.3.4. keep the access credentials for the Memorial Page confidential and not transfer them to third parties unnecessarily;

6.3.5. comply with the terms of this Agreement and the applicable legislation of Ukraine.

6.4. The Customer has the right to:

6.4.1. receive the Service in the scope and within the time limits provided for by this Agreement;

6.4.2. edit the content of the Memorial Page within the functional capabilities of the Website;

6.4.3. contact the Provider for technical support through the communication channels specified on the Website.

7. Customer's warranties regarding content and personal data of the deceased person

7.1. The provisions of this Section are of material importance to the Provider given the specific nature of the Service.

7.2. By accepting this Agreement and uploading to the Memorial Page information about a deceased person (full name, photo, biography, video, etc.) and/or about other persons, the Customer confirms and warrants that they:

7.2.1. have legal and moral grounds for posting such information, in particular are a family member of the deceased person, their official representative, or act with the consent of other next-of-kin;

7.2.2. hold all necessary intellectual property rights to the photos, videos, texts and other materials they upload to the Memorial Page, or have the consent of the rights holders to such use;

7.2.3. where the uploaded materials contain images of other living natural persons, the Customer has obtained their consent to publish such images on the Internet;

7.2.4. all information provided is accurate and does not contain fabricated, distorted or defamatory information about a person.

7.3. The Customer bears full and sole responsibility for the content they post on the Memorial Page. The Provider does not carry out prior moderation of content and is not liable for the Customer's infringement of the rights of third parties.

7.4. If reasoned claims or judicial / law-enforcement requests are received from third parties regarding the content of the Memorial Page, the Provider has the right to unilaterally remove such content or temporarily block the Memorial Page until the situation is resolved, without an obligation to refund the Customer.

7.5. If any fines, compensation or other sanctions are imposed on the Provider as a result of the Customer's breach of the warranties in this Section, the Customer is obliged to reimburse the Provider for all such amounts in full.

8. Refunds, exchange and withdrawal from the Service

8.1. Given that the Service is of an individual nature and is made to the Customer's order according to individual specifications (a unique QR code linked to a specific Memorial Page), the provisions of the fifth paragraph of part 3 of Article 9 of the Law of Ukraine "On Consumer Rights Protection" apply to it: the consumer's right to withdraw from products made to order according to individual specifications does not apply.

8.2. The Customer has the right to withdraw from the Service and receive a full refund before the Memorial Page is activated and access and the QR code are sent to the Customer's email address.

8.3. After the Memorial Page is activated and access and the QR code are sent to the Customer, no refund is made, since the Service is deemed to have been provided in full.

8.4. Where it is impossible to provide the Service for technical reasons attributable to the Provider, the funds are refunded to the Customer in full.

8.5. Refunds are made exclusively by the same method and to the same details from which the payment was made, through the LiqPay business account, within the time limits established by the rules of the LiqPay payment service and the applicable legislation of Ukraine.

8.6. To arrange a refund, the Customer contacts the Provider using the contact details specified in Section 13 of this Agreement, stating the Order number, the date of payment and the grounds for the refund.

8.7. The Service is not exchangeable for another service or product due to its individual nature and electronic (digital) form.

9. Personal data protection

9.1. By accepting this Agreement, the Customer grants the Provider consent to process their personal data (full name, contact telephone number, email address, data on orders placed, etc.) in accordance with the Law of Ukraine "On Personal Data Protection".

9.2. The purpose of processing personal data is the performance of this Agreement, identification of the Customer, provision of the Service, technical support, as well as compliance with the requirements of tax, accounting and other legislation of Ukraine.

9.3. The Provider does not transfer the Customer's personal data to third parties, except in cases provided for by the legislation of Ukraine or objectively necessary for the performance of obligations under this Agreement (for example, transferring data to the LiqPay payment service to process payment).

9.4. The Customer understands that the information they post on the Memorial Page is public by default, since the Memorial Page itself is intended to be viewed by other persons via the QR code or a direct link. The Customer independently determines the amount of information posted in accordance with the functional capabilities of the Website.

9.5. The Customer has the rights provided for by Article 8 of the Law of Ukraine "On Personal Data Protection", including the right to know about the sources of collection, to obtain information on the conditions for granting access to their personal data, and to demand their amendment or deletion.

9.6. Detailed terms for processing personal data are set out in the Privacy Policy posted on the Website at https://memory-qr.com.ua/privacy-policy.

10. Intellectual property

10.1. The Website, its design, program code, the structure of the Memorial Page, the logo, the trademark and other elements of the Website are objects of the Provider's intellectual property rights and are protected by the legislation of Ukraine.

10.2. The content uploaded by the Customer to the Memorial Page (photos, videos, texts, biography, etc.) remains the property of the Customer or the respective rights holders. The Customer grants the Provider a non-exclusive, royalty-free, perpetual licence to host, display, copy and technically process such content solely for the purpose of providing the Service.

10.3. The Provider does not claim intellectual property rights to the Customer's content and does not use it for commercial or marketing purposes without the Customer's separate consent.

11. Liability of the Parties and force majeure

11.1. For failure to perform or improper performance of obligations under this Agreement, the Parties are liable in accordance with the applicable legislation of Ukraine.

11.2. The Provider is not liable for:

11.2.1. the content uploaded by the Customer to the Memorial Page;

11.2.2. temporary unavailability of the Website for reasons beyond the reasonable control of the Provider (DDoS attacks, provider failures, power or communication outages);

11.2.3. the Customer's failure to receive notifications or files due to an incorrectly specified email address or due to the spam filters of the Customer's email service;

11.2.4. losses arising from the unlawful actions of third parties (in particular, gaining unauthorised access to the Customer's account).

11.3. The Parties are released from liability for full or partial failure to perform their obligations in the event of force majeure circumstances: military actions, hostilities, a declared or actual state of war, terrorist acts, natural disasters, decisions of state authorities, cyberattacks affecting the Website's infrastructure, etc. Confirmation of such circumstances is provided by the relevant documents of the Ukrainian Chamber of Commerce and Industry or other authorised bodies.

11.4. The aggregate liability of the Provider under this Agreement is in any case limited to the actual cost of the Service paid by the Customer.

12. Term of the Agreement. Amendments and dispute resolution procedure

12.1. The Agreement enters into force from the moment of Acceptance and is valid indefinitely — taking into account the nature of the Service (indefinite hosting of the Memorial Page).

12.2. The Provider has the right to unilaterally amend this Agreement. The new version of the Agreement enters into force from the moment it is posted on the Website, unless otherwise provided in the version itself.

12.3. All disputes arising from or in connection with this Agreement are resolved by the Parties through negotiations. If no agreement is reached — in court in accordance with the applicable legislation of Ukraine.

12.4. In all matters not regulated by this Agreement, the Parties are governed by the applicable legislation of Ukraine.

13. Provider's details

Individual Entrepreneur Larichev Denys Vasilyevich

Tax ID (RNOKPP): 3555008913
Date of state registration: 07.12.2022
Entry in the Unified State Register: 2010350000000237903
Taxation system: Single tax payer, 3rd group (non-VAT payer)
Mailing address: 49018, Ukraine, Dnipropetrovsk region, Dnipro, vul. Zalyvna, bldg. 18-B
Website: https://memory-qr.com.ua
Email: denis.larichev97@gmail.com
Phone: +380665256795
Telegram / Viber: @d_larichev / +380665256795
Bank: JSC CB "PRIVATBANK" (MFO 305299)
IBAN: UA623052990000026004050032328

Document revision dated 22.05.2026