PUBLIC OFFER Website "TheSimsTree"

Publication Date: December 4, 2023

This PUBLIC OFFER is a proposal by the Individual Entrepreneur Petr Zagrebelny, acting on his own behalf, operating on the basis of the entry in the Unified State Register of Individual Entrepreneurs № 321784700029423 (OGRNIP) dated February 3, 2021 (hereinafter referred to as the "Executor"), to the Users of the "TheSimsTree" website (hereinafter referred to as the "Users"), to enter into a service agreement (hereinafter referred to as the "Contract"), under the terms of Acceptance.

Terms and Definitions

Offer - a proposal to enter into a Contract to an unlimited number of persons, under the terms of Acceptance. This document, published on the website at https://thesimstree.com/, taking into account the Privacy Policy (processing of personal data), published on the website at https://thesimstree.com/.

Website Administration (hereinafter Administration) - Individual Entrepreneur Petr Zagrebelny, acting on his own behalf, operating on the basis of the entry in the Unified State Register of Individual Entrepreneurs № 321784700029423 (OGRNIP) dated February 3, 2021, and (or) his representatives.

User - a physical person, possessing the necessary legal capacity to enter into this Contract, having ordered the Service and having accepted the Offer.

Acceptance – registration on the Website, located at https://thesimstree.com/. Registration on the Website indicates full and unconditional acceptance of this offer (sub-paragraphs 1, 3 of Article 438 of the Civil Code), as well as the fact of the Contract for the provision of Services being concluded by the Parties, under the terms of this offer (paragraph 1 of Article 433 of the Civil Code).

Executor – Individual Entrepreneur Petr Zagrebelny, acting on his own behalf, operating on the basis of the entry in the Unified State Register of Individual Entrepreneurs № 321784700029423 (OGRNIP) dated February 3, 2021, and (or).

Parties – "Executor" and "User", separately referred to as "Party".

Website – an internet resource, located at https://thesimstree.com/, belongs to the Website Administration (Executor) and contains information about the provided Services. The term "Website" should be understood as any pages presented on the specified resource.

Contract - a contract for the provision of Services, between the User and the Executor, for creating a unique dynasty/family tree of virtual game characters on the "TheSimsTree" website, using free functionality or by subscription, concluded through the Acceptance of the Offer.

Services – services of the Website, for creating a unique dynasty/family tree of virtual game characters on the "TheSimsTree" website, using free functionality or by subscription. Subscription expands functionality, allowing the use of more features.

Description of services provided by the Website:

• Creating a Tree: The website allows each User to create their unique dynasty/family tree of virtual game characters. You can add family members, describe their characteristics and relationships, forming a unique story of your family.

• Uploading Photos: Users have the opportunity to attach photos to characters, making the tree more visual and memorable. This creates a visual representation and emotional depth for each family member within the tree.

• Public Access (Gallery): The website provides an option to make your tree publicly available in the gallery. This allows other users to view, comment on, and find your trees, creating a virtual community of game enthusiasts and their family histories.

• Additional Tree Design: Service subscribers can enjoy additional features to improve the appearance of their tree and more. This may include unique themes, templates, animations, and other elements, making your tree more expressive and personalized, and so on.

Subscription – connection of the User to the Services defined by the Website, according to the following Rates:

• monthly subscription: 3 euro per month;

• subscription for 6 months: 15 euro for the entire period, which is 2.5 euro per month;

• subscription for 12 months: 24 euro for the entire period, which is 2 euro per month.

Contract Subject

1.1. The Contract defines the general terms of contractual relations arising between the Executor and the User in the provision of Services by the Administration, which are presented on the Website, under the terms of the Website and this Offer.

1.2. The concluded Contract is a contract with open terms. The essential terms of each transaction carried out on the Website for the provision of Services are formed online, individually for the User, using the interface of the Website, through which the User orders the Service, its cost, and parameters.

Conclusion of the Contract. Ordering Services

2.1. This Offer is considered accepted by the User, and the Contract between the Executor and the User is concluded, from the moment the User pays for the ordered Services. The Contract can only be concluded with a User who is a competent physical person, or the lawful representative of a minor physical person.

2.2. Registration on the Website is recognized as the User's Acceptance of the Website Administration's proposal to conclude the Contract under the terms of this Offer.

2.3. The Offer is valid for Services published on the Website, upon registration of the User and creation of a personal account by the User on the Website.

2.4. The User registers on the Website, providing the necessary information (name/nickname and email address) or logs into their account if they are already registered.

2.5. Provision of Services for Creating a Tree and Uploading Photos:

2.5.1. After logging in, the user creates their tree, adding characters and describing them.

2.5.2. The ability to upload photos adds visual elements to each character.

2.6. Selection of Additional Services:

2.6.1. The user can view additional features, such as additional tree design, changing the background, etc., available by monthly subscription.

2.6.2. The user decides to use additional services and activates the corresponding functionality.

2.7. After selecting additional services, the user places an Order, confirming their intention to use paid features.

2.8. To complete the order, the User makes payment for the selected additional services.

2.9. The payment system, presented on the website, ensures convenience and security of the payment process.

2.10. After successful payment, additional services are automatically activated, providing the user access to additional functionality for the duration of the subscription.

2.11. The user has the opportunity to manage their subscription through the personal account, canceling it at any convenient time.

2.12. During the term of the subscription, the User can enjoy regular updates and improvements to the functionality provided by the Website.

This process provides convenience and flexibility for users, allowing them to tailor their experience according to their preferences and creative vision.

Terms of Service Provision

3.1. For a monthly subscription, a fee of 3 euro is automatically debited from the user's card at the beginning of each month.

3.2. When choosing a subscription for 6 or 12 months, the payment for the entire period is debited from the User's card at the moment of subscription as a one-time payment.

3.3. The monthly subscription is automatically renewed for the next month after successful payment.

3.4. Subscriptions for 6 or 12 months are automatically renewed after the expiration of the current subscription.

3.5. The User has the right to cancel the monthly subscription at any time, which will result in the cessation of automatic debiting of payments in subsequent months.

3.6. Upon cancellation of the subscription, the User retains access to the available features until the end of the paid period, after which the subscription is not renewed.

3.7. Refunds for the paid subscription period are not made, except in cases provided by the current legislation

3.8. In case of insufficient funds in the Account:

3.8.1. If at the time of automatic debiting of the subscription fee, the necessary amount is not available on the User's card, the automatic subscription renewal system will be suspended.

3.8.2. The User will be notified of the unsuccessful attempt to debit funds via electronic notification to the registered email address.

3.8.3. The User is given a period of time to replenish funds on the card and successfully complete the payment process.

3.8.4. If the user does not resolve the issue of insufficient funds within the set period, the subscription may be suspended, and access to additional features will be temporarily restricted until successful debiting of funds.

3.9. The cost of Services and methods of payment for Services are presented on the Website. By paying for and/or ordering Services, the User expresses full and unconditional agreement with the terms of the Offer effective at the time of payment.

3.10. The User independently bears all banking commission expenses for the payment of the Executor's services, unless the payment method specifically provides otherwise, and is responsible for the accuracy of the payments made and the filling out of the necessary payment documents.

3.11. The Administration has the right to set any price for Services before the User's Acceptance. After the Acceptance – the cost of the Service chosen by the User is fixed within the framework of the transaction with the User.

3.12. The Administration's obligations to provide Services, according to the User's subscription, are reciprocal to the User's obligations to comply with the Website Rules and pay for Services. In case of non-fulfillment by the User of these obligations, the Administration acts based on the rights provided by the norms of the civil legislation, may suspend or refuse to provide Services in the corresponding part.

3.13. Services provided on the Website may change, be supplemented, updated, therefore their use is offered in the form and extent in which they are provided by the Website, at the time Users access the Website interface.

3.14. The Administration has the right to send notifications to the User's contact details, related to the execution of this Contract, informational messages by email.

3.15. The Administration has the right to refer to the User as a user of the Website and/or Services, in any form and on any medium (including on the Website and any other websites and/or in the advertising materials of the Website).

Cost of Services and Payment Procedure

4.1. The cost of the Service chosen by the User, when concluding a transaction within the framework of the Contract, is determined based on its characteristics (type of Service, composition, other parameters) according to the chosen tariff. The cost is indicated without VAT, as the Executor applies a simplified tax system and is not a VAT payer, in accordance with paragraph 3 of Article 346.11 and paragraph 11 of Article 346.43 of the Tax Code. Payment for Services is made at prices effective at the time of payment.

4.2. The User has the right to refuse to fulfill the Contract at any time, provided that the Executor is paid the actual expenses incurred in connection with the fulfillment of obligations under this contract (Article 32 of the Federal Law "On Consumer Rights Protection").

4.3. Payment for Services is made in the amount of 100% prepayment.

4.4. Without contradicting the above, the Executor is released from liability for breach of the Contract terms if such breach is caused by the action of force majeure (force majeure) circumstances, including: actions of state authorities, fire, flood, earthquake, other natural actions, lack of electricity and/or failures of the computer network, strikes, civil unrest, riots, any other circumstances, not limited to the listed, that may affect the fulfillment of the Contract.

Liability of Parties

5.1. The Executor is obliged to make all reasonable efforts to duly provide Services, however, is not liable and does not compensate the User's losses in cases where the User cannot use the Services due to the following reasons:

• Technological malfunctions of public communication channels, through which access to Internet services is provided, loss of Internet access by the User for any reason, errors, omissions, interruptions in operation or data transmission, defects in communication lines, and other technical failures;

• Unauthorized interference in the operation of the Website by third parties, including hacking, DDoS attacks, actions of virus programs, and other violations of the Website's operation;

• In cases falling under the definition of force majeure circumstances.

5.2. The Executor is not liable to the User for losses incurred by the User not due to the Executor's fault, including in connection with the User's violation of the terms of the Offer.

5.3. The User is informed and agrees that part of the operations, including (but not limited to) operations for accepting payment for the provided Services, is not controlled and not monitored by the Administration personally or through third parties, the Administration is not responsible for the transfer and/or receipt of the User's funds in payment for Services. The security, confidentiality, and other conditions of using the payment methods chosen by the User are determined by agreements between the User and the respective organizations.

5.4. The Executor is obliged to ensure the operation of the Website, in accordance with this Offer, 24/7, including weekends and public holidays (the service must be available not less than 90% of the time per month), except for cases specified in this Offer.

Handling Claims

6.1. The Parties agreed to resolve all disputes under the Contract out of court.

6.2. Claims are sent in writing with supporting photographic materials to the email: thesimstree.inbox@gmail.com or by mail to the Executor's postal address.

6.3. If disputes cannot be resolved out of court, disputes arising within the framework of this Contract must be submitted for consideration to judicial authorities at the location of the Executor.

Other Terms

7.1. The Contract comes into effect from the moment of its conclusion in the manner specified in section 2 of the Offer and is valid until the moment of its termination in accordance with the terms of the Website, the Contract, and the legislation.

7.2. The Executor has the right to change and/or supplement the terms of the Offer to the extent permitted by current legislation, and to revoke the Offer at any time. The date of the Offer change is the date of publication of the new edition of the Offer on the Website. The User must familiarize themselves with the current edition.

Confidentiality

8.1. By providing their personal data on the Website, the User agrees to the processing of personal data.

8.2. The Privacy Policy (processing of personal data) is located on the Website at https://thesimstree.com/.

8.3. Confidential information does not include information classified by existing legislation as open, or the disclosure of which is mandated to the Party.

Force Majeure Circumstances

9.1. Parties are relieved of liability for partial or complete non-fulfillment of obligations under this Contract if such non-fulfillment was a consequence of force majeure circumstances. Force majeure circumstances are understood as circumstances that arose after the conclusion of this Contract as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures.

9.2. Such extraordinary circumstances include: flooding, fire, earthquake, or other natural phenomena, as well as wars, military actions, acts or actions of state authorities, and any other circumstances beyond the reasonable control of the Parties.

9.3. In the event of these circumstances, the Party must notify the other Party within 3 working days. If the force majeure circumstances continue for more than two consecutive months – either party has the right to unilaterally terminate this contract out of court, by notifying the other party in writing 10 working days before the date of such termination.

9.4. A document issued by the Chamber of Commerce and Industry of the Federation subject or municipal entity at the location of the Party is sufficient proof of the existence and duration of force majeure.