1. General Provisions

1.1. This public offer for providing a charitable donation (hereinafter referred to as the “Offer”) is a proposal from the Charitable Organization “Charitable Foundation ‘Open Planet UA’”, registration code 45449719, located at: Ukraine, 01010, Kiev, 5/2A Knyaziv Ostrozhskyh Str, (hereinafter referred to as the “Foundation”), represented by the President of the Foundation, Protopopov Roman Anatoliyovych, to an indefinite circle of capable individuals and private legal entities (each of whom is hereinafter referred to as the “Donor”) to enter into an agreement for providing a charitable donation (hereinafter referred to as the “Agreement”) under the terms described in this Offer with each Donor who responds.

1.2. This Offer is a proposal to enter into an agreement in accordance with Article 641 of the Civil Code of Ukraine.

1.3. This Offer becomes effective upon being posted on the Foundation’s website at the following link: https://www.openplanetua.org/ (hereinafter referred to as the “Website”). This Offer is indefinite and can be amended or withdrawn by the Foundation at any time (prior to its acceptance by the Donor) by posting the relevant information on the Website.

1.4. From the moment a donation is made in the manner defined by this Offer, the Agreement regarding the provision of a charitable donation, the essential terms of which are defined in this Offer, and other terms of the Agreement are regulated by the applicable laws of Ukraine, is considered concluded.

1.5. The Foundation may enter into agreements for providing charitable donations in a different manner and/or on terms other than those provided in this Offer. Donors may separately contact the Foundation to enter into such an agreement.

2. Subject of the Agreement

2.1. Under this Agreement, the Donor freely and irrevocably transfers a monetary donation as a voluntary charitable contribution to the Foundation’s ownership, and the Foundation accepts such a donation and undertakes to use it for its charitable activities in accordance with the Foundation’s Statute and Ukrainian law or for organizing the Foundation’s activities.

2.2. The Donor’s transfer of funds under this Agreement is recognized as a charitable donation in accordance with Article 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations.”

2.3. The donation under this Agreement is made without any suspensive or resolutive conditions and without any specific conditions for the use of the respective donation by the Foundation.

2.4. The Donor independently determines the amount of the charitable donation. The Donor has the right to obtain information from the Foundation regarding the nature and amount of the needed charitable assistance for specific purposes of the Foundation’s activities or its charitable programs before making the donation.

2.5. The conclusion and performance of this Agreement do not aim to and do not involve any profit-making by either party.

3. Foundation’s Activities

3.1. The Foundation conducts charitable activities in the field of providing assistance to children and their families, including in the areas of health care, charitable assistance, and other types of charitable activities that align with the Foundation’s goals in accordance with its Statute.

3.2. The Foundation’s activities are not aimed at generating profit.

3.3. The Foundation’s Statute, information about its work, and reports on its activities are posted on the Website.

3.4. If necessary, the Foundation has the right to use funds for purposes other than those specified on the Foundation’s Website, within the scope of its statutory tasks or for organizing the Foundation’s activities.

4. Making a Donation and Acceptance of the Offer

4.1. The Donor independently determines the amount of the charitable donation and makes it using one of the following methods:

4.1.1. by making a payment through payment forms and tools available on the Website; or

4.1.2. by transferring funds to the Foundation’s current account through banks and other payment systems.

4.2. Charitable donations are indefinite, and their period of use by the Foundation is not limited.

4.3. According to this Offer and the Agreement, the donations made by Donors are used by the Foundation to carry out and ensure the Foundation’s charitable activities (implementing its areas, goals, and charitable programs) in accordance with the Statute and Ukrainian law, as well as for organizing the Foundation’s activities. The Donor agrees with this targeted use of their donation.

4.4. If the Donor wishes to make a donation for a specific purpose, they have the right to contact the Foundation to enter into a separate agreement for a targeted donation. The terms of such an Agreement are negotiated by the parties separately. If a Donor specifies a particular purpose for the donation without prior agreement with the Foundation, the Foundation has the right to use the donation for the purposes defined in this Offer.

4.5. Donations are used by the Foundation in the order in which they are received.

4.6. To properly identify the donor, the Donor provides their contact information: name and surname, the name of the legal entity, email address, and/or phone number, and other information that allows for the identification of the Donor.

4.7. Acceptance of the Offer is considered its full and unconditional acceptance by the Donor through the act of transferring funds to the Foundation as a charitable donation using one of the methods mentioned in section 4.1 above. The Offer is considered accepted, and the Agreement concluded from the date of receipt of the funds into the Foundation’s account or their entry into the Foundation’s cash register.

4.8. Funds transferred as a donation are non-refundable unless such a refund is required by Ukrainian law.

4.9. By accepting the Offer, the Donor confirms that they agree to all the terms of the Offer, fully understand, and agree with the subject and terms of the Agreement.

4.10. Expenses related to making a donation (transfer fees, taxes, charges, etc.) are the responsibility of the Donor. The Donor understands and agrees that a portion of their donation may be used by the Foundation to cover expenses related to making donations if such expenses are charged by third parties by default and cannot be avoided (e.g., payment system acquiring fees, bank fees, etc.).

5. Rights and Obligations of the Parties

5.1. The Foundation undertakes to use the Donor’s charitable donation in strict compliance with Ukrainian law and exclusively for its statutory activities or for organizing the Foundation’s activities.

5.2. Under this Offer and the Agreement, which is considered concluded upon acceptance by the Donor, the Foundation has the right to independently determine the areas of use of the donation in accordance with its statutory activities and Ukrainian law. The specific purpose of the donation can be agreed upon by the parties in separate agreements.

5.3. The Donor agrees that, under the Law of Ukraine “On Charitable Activities and Charitable Organizations,” the Foundation may use part of the funds received from Donors to cover its administrative expenses.

5.4. The Donor has the right to receive information about the use of the Foundation’s charitable donations according to the reports posted on the Foundation’s website. If the required information is unavailable, the Donor has the right to request access to the information only in the manner and scope defined by Ukrainian law.

5.5. By making a charitable donation, the Donor unconditionally affirms:

5.5.1. their legal capacity;

5.5.2. the voluntary nature of the transaction;

5.5.3. that the subject of the donation is not under prohibition, arrest, or lien, is not encumbered by any third-party rights, and was not acquired in violation of the Law of Ukraine No. 361-IX “On Prevention and Counteraction to Legalization (Laundering) of Criminally Obtained Proceeds, Terrorism Financing, and Proliferation Financing of Weapons of Mass Destruction.”

5.5.4. If the Foundation has reasonable doubts regarding these affirmations, it has the right to request, and the Donor must provide, appropriate evidence.

5.6. The Foundation is not responsible if the donation comes from illegal sources or lacks proper confirmation. In such cases, the Donor is solely responsible, and the Foundation does not accept any claims regarding the legality or confirmation of the funds’ origin.

6. Final Provisions

6.1. By accepting the Offer, the Donor gives the Foundation consent to process their personal data disclosed when making a donation for the purpose of fulfilling the terms of the Agreement. Such personal data may include: name, surname, and patronymic, address, place of residence, email address, phone number, and (when transferring funds to the Foundation’s account through banks) banking details. The permitted types of data processing include their collection, registration, accumulation, storage, adaptation, modification, renewal, use, dissemination (distribution, realization, transfer), anonymization, and destruction. The Foundation undertakes not to disclose the Donor’s personal data to third parties without the Donor’s permission, except as required by state authorities or in accordance with Ukrainian law. The Donor confirms that they are aware of their rights under the Law of Ukraine “On Personal Data Protection.”

6.2. The Donor agrees that their contact information may be used by the Foundation to send letters and messages, including electronic ones. The Foundation undertakes not to provide the Donor’s contact information to third parties except in cases explicitly provided by Ukrainian law.

6.3. In the event of disputes between the parties to this Agreement, they should be resolved through negotiations. If negotiations fail, disputes are considered by the courts in the manner prescribed by law.

Signed by the Authorized Representative:

Charitable Organization “Charitable Foundation ‘Open Planet UA’

Location: Ukraine, 01010, Kiev, 5/2A Knyaziv Ostrozhskyh Str.,

Registration code 45449719

President of the Foundation: Roman A. Protopopov