PUBLIC OFFER FOR THE PROVISION OF INFORMATION SERVICES OF THE LOKA PLATFORM
This is a machine-assisted translation provided for convenience only. In case of any discrepancy, the Ukrainian-language version of this document is legally binding.
Individual entrepreneur Oleksandr Oleksandrovych Hulianych, taxpayer registration number (RNOKPP) 3868804231, registered and operating in accordance with the legislation of Ukraine, correspondence address: Ukraine, Uzhhorod, Myslyvskyi Lane, bldg. 7, email address: info@loka.zone, hereinafter referred to as the "Company" or "Loka", on the one hand, and any capable individual or legal entity that accepts the terms of this Agreement, hereinafter referred to as the "User", on the other hand, together referred to as the "Parties", and each individually as a "Party", have entered into this Public Offer Agreement (hereinafter — the "Agreement" or "Public Offer"), addressed to an unlimited number of persons, which is an official public proposal of the Company to enter into an Agreement with any User on the following terms:
1. PREAMBLE
1.1. Please read this document carefully, as it defines the terms for receiving Services from the Company through the Platform.
1.2. References to the words "you" or "your" (or similar words) mean the User, depending on the context of this Agreement.
1.3. References to the words "we", "our" or "us" (or similar words) mean the Company.
1.4. The words "he" / "she" and their derivatives in the text of this document may apply to persons of either sex, depending on the context.
1.5. Section headings are provided for convenience only and do not affect the interpretation of the terms of this Agreement.
1.6. The Annexes to this Agreement, as well as the Privacy Policy and the Rules of Conduct published on the Platform, are an integral part of this Agreement.
2. DEFINITIONS
2.1. Account — a personal record of the User on the Platform, created during registration and used to identify the User, access the Platform's functionality, and store settings, activity history and documents generated while using the Platform.
2.2. Company — the individual entrepreneur named in the preamble of this Agreement and in the "Company Details" section, on whose behalf Services are provided to Users.
2.3. Loka Platform (hereinafter referred to as the "Platform" or "Loka") — a software and hardware complex and a set of technical and information solutions owned by the Company, which includes (depending on available functionality) a Telegram application, a web interface, the website at loka.zone, software modules, databases, Smart Contracts and other components through which the Company provides Services to Users.
2.4. Website — the Company's website at loka.zone, as well as any subdomains thereof, used to publish information about the Platform, this Agreement, its Annexes, the Privacy Policy and the Rules of Conduct.
2.5. Rules of Conduct — mandatory rules for Users regarding the use of the Platform and interaction between the Owner and the Client, established by the Company and/or published on the Platform, which define permitted and prohibited actions during use of the Platform, communication, booking, check-in, residence, and return of the property, as well as requirements to respect the rights of other persons, preserve property, comply with the law and respond to violations, and which are binding from the moment of their acceptance by the User in the manner provided by this Agreement.
2.6. Privacy Policy — a document that defines the procedure for the Company's processing of Users' Personal Data, published on the Website and/or on the Platform, and which is an integral part of this Agreement.
2.7. Rental Agreement — an agreement concluded directly between the Owner and the Client for a specific property and a specific term, which defines the terms of use of the property, the amount and procedure of payment, the Security Payment (if any), the rights and obligations of the parties, and other material terms of the rental. Such an agreement may be generated through the Platform and signed by the parties in a manner available on the Platform (including using a QES).
2.8. Owner — an individual or legal entity that places a property listing on the Platform and provides such property for rent to a Client in accordance with the terms of the Rental Agreement concluded between the Owner and the Client.
2.9. Client — an individual or legal entity that uses the Platform for the purpose of booking property and receives such property for rent from an Owner in accordance with the terms of the Rental Agreement concluded between the Owner and the Client.
2.10. User — a general term for the Client and the Owner.
2.11. QES — a qualified electronic signature within the meaning of the Law of Ukraine "On Electronic Identification and Electronic Trust Services", applied by the User through an electronic signature service integrated with or linked to the Platform (in particular "Vchasno" and/or "Diia.Signature", if available).
2.12. Smart Contract — program code deployed on the TON blockchain that automatically receives, holds and distributes Virtual Assets between the wallets of the Client, the Owner and the Company in accordance with the parameters, states and terms specified therein.
2.13. Virtual Assets — a digital expression of value (in particular stablecoins used by the Platform for settlements), the circulation of which is carried out through the TON blockchain. Virtual Assets are not money, electronic money, a means of payment, or legal tender in Ukraine.
2.14. Wallet — a User's non-custodial crypto wallet connected to the Platform, access to which (including private keys and the seed phrase) belongs exclusively to the User.
2.15. Security Payment — a sum of money (in Virtual Assets) contributed by the Client as security for the performance of their obligations under the Rental Agreement and locked in the Smart Contract until check-out is confirmed. In the Platform's documents it may also be referred to as a "deposit".
2.16. Fee for Services (Commission) — the Company's remuneration for the Services provided, the amount and payment procedure of which are set out in Annex No. 1 to this Agreement.
2.17. Administrator — the Company's technical role in the Smart Contract, the scope and consequences of which are defined in Section 10 of this Agreement.
2.18. Personal Data — information or a set of information about an individual who is identified or may be specifically identified, in particular: first name, last name, phone number, email address, IP address, Telegram identifier, Wallet address, and data from documents provided for verification.
2.19. Services — information and technical services provided by the Company through the Platform, consisting of giving the User access to the Platform's functionality, including the ability to create and use an Account, place and view listings, search for and book property, exchange messages between the Owner and the Client, generate, store and provide access to documents/confirmations created while using the Platform, and provide informational support regarding use of the Platform.
2.20. Third Party — an individual or legal entity, government institution, organization or body, other than the Company or the User.
2.21. User Consent (hereinafter — "Consent") — a voluntary, specific, informed and unambiguous expression of will, by which the User, by means of a statement or a clear affirmative action, agrees to the terms of provision of the Services.
3. USER CONSENT (ACCEPTANCE)
3.1. This Agreement is concluded by the User by giving full and unconditional consent (acceptance) to its conclusion in full, without signing a written copy of the Agreement.
3.2. The Agreement has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and the Law of Ukraine "On Electronic Commerce" and is equivalent to an agreement signed between the User and the Company.
3.3. If the User does not agree with the terms of this Agreement, the Company does not provide Services to such User, and the User has no right to use the Platform.
3.4. Any of the following actions constitutes Consent to the terms of this Agreement: — registration on the Platform and/or creation of an Account; — clicking the "I Agree" button and/or checking the corresponding checkbox during registration or use of the Platform; — use of the Platform and/or receipt of Services, including in the capacity of Owner and/or Client.
3.5. The Company records the fact of acceptance by storing in the Account the date and time of acceptance, the Agreement's revision number, the User's identifier, and other available technical data. Such a record constitutes proper evidence of the conclusion of the Agreement.
3.6. By entering into this Agreement, the User confirms that they have read the terms of this Agreement, the Privacy Policy and the Rules of Conduct, understand their content, and fully and unconditionally accept them.
3.7. By agreeing to the terms of this Agreement, the User (as Owner and/or Client, depending on the role chosen) gives their direct Consent to: — receiving Services and using the Platform on the terms of this Agreement; — complying with the rules and restrictions established by this Agreement; — applying the payment and/or settlement procedure used within the Platform.
3.8. Age restrictions. The Platform is not intended for persons under the age of 18. By entering into this Agreement, an individual User confirms that they are 18 years of age or older and have full civil capacity. A legal entity User confirms that the person performing the acceptance has the necessary authority to act on its behalf.
3.9. Sanctions and anti-money-laundering representations. The User confirms that they are not a person subject to sanctions of Ukraine, the EU, the USA, the United Kingdom or the UN, do not act in the interests of such persons, are not a resident of the aggressor state or a jurisdiction subject to sectoral restrictions, and that the funds and Virtual Assets they use on the Platform were obtained lawfully. The Company has the right to refuse to provide Services, restrict access to the Account, or suspend a transaction in the event of a reasonable suspicion of a violation of this clause.
3.10. Waiver of the 14-day right of withdrawal. Since the Services are provided in electronic form and begin to be provided immediately upon acceptance, the User-consumer, by performing the acceptance, gives express prior consent to the commencement of the provision of Services before the expiry of the withdrawal period and confirms that they lose the right to withdraw from the Agreement after the Service has been fully provided, in accordance with the Law of Ukraine "On Consumer Rights Protection".
4. REGISTRATION AND AUTHORIZATION
4.1. To gain access to the Platform's functionality, the User undergoes registration and/or authorization using Telegram and creating an Account on the Platform.
4.2. During the first use of the Platform, the User provides the data necessary to create an Account and selects the role of Client and/or Owner.
4.3. The User's Account on the Platform is linked to the User's Telegram identifier. The Company uses this link to identify the User and provide them with access to the Services.
4.4. The User undertakes to provide accurate, current and complete data during registration and to keep it up to date while using the Platform.
4.5. The Company has the right to provide for additional elements confirming access to the Account and/or verification of the User, in particular by confirming a phone number, email address or other data.
4.6. The User has no right to transfer access to their Account to third parties, use another person's Account, or provide inaccurate data. The User is responsible for all actions carried out using their Account.
4.7. Wallet. To make settlements, the User independently connects their own non-custodial Wallet to the Platform. The Company has no access to the private keys, seed phrase or other means of access to the User's Wallet, does not store them, and cannot recover access to the Wallet if they are lost. The User independently bears all risks associated with loss of access to the Wallet, an erroneously entered Wallet address, and unauthorized third-party access to it.
5. USER VERIFICATION
5.1. The Company has the right to require verification of the User as a condition for access to certain features of the Platform, in particular placing listings, receiving booking requests, making settlements and/or generating documents within the Platform.
5.2. Verification of the User may be carried out by the User providing data and materials necessary to confirm identity and/or authority, including through the "Diia" application and/or specialized verification services, in particular: — for an individual User: details from an identity document, an image/copy thereof, as well as a facial image (selfie) and other materials provided to confirm identity; — for a legal entity or individual entrepreneur User: information about such person and its representative, as well as documents/information confirming the representative's authority.
5.3. The Company has the right to engage Third Parties to carry out verification (in particular specialized verification services) and to transfer to them Personal Data to the extent necessary for verification, in accordance with the Privacy Policy.
5.4. If the User fails to provide data/materials for verification, or if, based on the results of verification, the Company has reasonable doubts as to the accuracy of the data provided, the Company has the right to refuse the User access to the relevant features of the Platform and/or restrict use of the Platform.
5.5. The User confirms that the data and materials provided for verification are accurate, current and belong to the User (or their representative), and that they have lawful grounds to transfer such data and materials to the Company.
6. PROPERTY VERIFICATION
6.1. The Company has the right to verify information about property that an Owner places on the Platform, in order to ensure the correctness of listings, the safety of Users and the proper functioning of the Platform.
6.2. Verification of property may include checking the information and materials provided by the Owner, in particular the description of the object, the address (or part thereof), photos/videos, documents (if any), and checking the listing's compliance with the Platform's requirements.
6.3. The Company is not a party to the Rental Agreement between the Owner and the Client and does not guarantee that the Owner has rights to the property or the accuracy of all information provided by the Owner. The Owner bears full responsibility for the lawfulness of placing the listing, having the necessary rights, and the completeness and accuracy of the property information.
6.4. The Company has the right to verify that the Owner has a title of ownership and/or other lawful grounds to provide the property for rent. For such verification, the Company may request from the Owner documents and/or information confirming the right of ownership or the right to use/dispose of the property (including information from state registers or documents provided by the Owner).
6.5. The Owner's provision of documents/information for verification of ownership (right of use/disposal) does not constitute and may not be interpreted as the Company's confirmation of the legal status of the property or a guarantee of the Owner's rights. The Owner bears full responsibility for having the necessary rights and lawful grounds to place the listing and provide the property for rent.
6.6. Based on the results of the verification, the Company has the right to: — reject the listing or limit its visibility on the Platform; — request additional information or documents from the Owner; — temporarily block the possibility of booking the relevant property; — remove the listing if violations are detected or reasonable complaints are received.
6.7. The Company is not liable for any losses of the User arising from the inaccuracy of information about the property provided by the Owner, or from the actions/inaction of the Owner.
7. PROVISION OF SERVICES
7.1. The Company provides Users with Services through the Platform as information and technical services that ensure the organization of interaction between the Owner and the Client, as well as the creation and storage of electronic confirmations and documents that Users generate while using the Platform. The Company's Services are not services for providing property for rent and are not intermediation in the transfer of property, but consist of providing access to the Platform's functionality and informational support for Users.
7.2. Since the Platform is used for booking property and agreeing on the terms of its use, the relationship between the Owner and the Client is formalized through the conclusion of a Rental Agreement between them for a specific property and a specific term. Such a Rental Agreement is concluded directly between the Owner and the Client.
7.3. The Company is not a party to the Rental Agreement, does not act as an agent, attorney, commission agent or representative of either party, does not acquire the rights and obligations of the Owner or the Client, and is not liable for the parties' performance of the terms of the Rental Agreement, in particular regarding the actual provision of the property, its condition, access to it, suitability and safety.
7.4. Provision of Services is carried out in a logical sequence of actions and statuses on the Platform. First, the Owner places a listing about the property and the rental terms for the relevant object through the Platform. After that, the Client selects the object and period through the Platform and generates a booking request. At this stage, no Rental Agreement yet arises between the Owner and the Client, since the booking request is only a request to agree on terms. The request is then sent to the Owner, who either confirms the booking or rejects it through the Platform. In case of rejection, the process is terminated and the request is considered cancelled. In case of confirmation of the booking, the Platform records the relevant status and opens access for the parties to the next stage — the Client's confirmation of intent to formalize the deal and conclude the Rental Agreement in the manner available on the Platform. If the Client does not perform the necessary action within the period defined by Annex No. 2 to this Agreement, the booking is cancelled automatically.
7.5. After the Client confirms their intent to formalize the deal, the Platform generates the Rental Agreement and the acceptance-transfer act for the specific object and specific term and ensures their signing by the parties using a QES through an electronic signature service integrated with/linked to the Platform. Signing takes place in the following order: first the Owner, then the Client.
7.6. The Rental Agreement is deemed concluded between the Owner and the Client from the moment both parties apply a QES and the signed document is returned to the Platform. After that, the signed document becomes available to the Owner and the Client in their Accounts for viewing and downloading. If the Owner and/or the Client fail to sign the Rental Agreement within the period defined by Annex No. 2, the booking is cancelled automatically, and the Rental Agreement is deemed not concluded.
7.7. After the conclusion of the Rental Agreement, the transfer and return of the property are recorded through the check-in/check-out functionality. On the day of move-in, the Client generates a check-in confirmation by entering the data provided by the Platform, in particular by adding photos and/or videos, comments, and meter readings (if applicable). The Owner, within the available functionality, confirms the check-in or raises objections. Similarly, on the day of move-out, the Client generates a check-out confirmation and adds the data provided by the Platform, and the Owner confirms the return of the property or raises objections. Within the check-in/check-out process, the Platform may also record information about what is transferred together with the premises, in particular the inventory and keys.
7.8. The transfer of property to the Client and its return to the Owner are confirmed by signing, respectively, the property acceptance-transfer act and the property return act. After the actions on the Platform necessary to generate the relevant act are performed (in particular entering information about keys, meter readings, and a description of the property, if applicable), the Platform generates an electronic act document and sends it for signature to the parties using a QES. During move-out, the Client signs the return act, after which the Owner signs the act. The relevant act is considered signed after both parties apply a QES and the signed document is returned to the Platform, after which it becomes available to the parties in their Account for viewing and downloading.
7.9. During the transfer of the property to the Client and its return to the Owner, Users record the fact of transfer and return of keys (other means of access), meter readings (if any), and a description of the condition of the premises, furniture, appliances and other property transferred together with the property, to the extent and scope provided by the Platform's functionality and entered by the Users.
7.10. The periods (timers) within which Users must perform the relevant actions, as well as the consequences of their expiry, are defined in Annex No. 2 to this Agreement and are displayed in the Platform's interface. The Company has the right to change such periods in the manner provided by Section 22 of this Agreement.
7.11. All documents and confirmations generated while using the Platform (in particular the Rental Agreement, the acceptance-transfer act, the return act, and check-in/check-out confirmations) are stored in the Account and provided to the Owner and the Client in electronic form with the possibility of downloading for the duration of the Account and for no less than 3 (three) years after the completion of the relevant booking.
8. PROPERTY INSPECTION BY THE CLIENT
8.1. The Client inspects the property independently in order to confirm the actual condition of the property, the availability of access, and the property's compliance with the terms agreed with the Owner. Such an inspection is an action of the Client and does not constitute an inspection or assessment of the premises by the Company. The Company only provides the technical ability to record the results of the inspection within the Platform's functionality.
8.2. The Client carries out the inspection in two stages. The first stage takes place at the stage of formalizing the rental and is aimed at clarifying the terms and parameters of the premises before check-in. Within 72 (seventy-two) hours, the Client has the opportunity, within the Platform's functionality, to view the property, ask questions, raise comments or clarifications regarding the premises and/or the terms of its use, and to receive a response from the Owner. If the Client does not take the necessary actions within this period, the booking is cancelled automatically.
8.3. The second stage takes place after actual check-in, when the Client gains access to the premises and can record its condition. On the day of check-in, the Client is required to perform the check-in action on the Platform by 23:59 and enter the data on the condition of the premises provided by the Platform (in particular add photos and/or videos), indicate meter readings (if applicable) and record comments or a note on their absence. If the Client has not performed the check-in action by 23:59 on the day of move-in, the Platform applies automatic confirmation of check-in.
8.4. After the check-in confirmation is performed (including automatically), the Client has 24 (twenty-four) hours to report a critical problem that makes it impossible to reside or significantly differs from the agreed terms. In the event of such a report, the Platform blocks payment to the Owner until the situation is resolved between the Client and the Owner and/or until the rental is cancelled in the manner provided by Section 10 of this Agreement.
8.5. The results of the Client's inspection are stored on the Platform linked to the relevant booking and are available to the Client and the Owner in their Account in the form of statuses, messages, check-in confirmations and/or a separate document, which may be signed by the parties using a QES.
9. SETTLEMENTS AND FEE FOR SERVICES
9.1. The Platform provides Users with the technical ability to make settlements related to booking and renting property by transferring Virtual Assets through a Smart Contract. The Company ensures the recording of key parameters of such payment in the Account, but is not a party to the Rental Agreement between the Owner and the Client and does not replace their mutual settlements under that Agreement.
9.2. Nature of settlements. Settlements between the Client and the Owner are made in Virtual Assets directly between their Wallets through a Smart Contract. The Company does not accept, hold or attract Users' funds into its own accounts, does not carry out a transfer of funds within the meaning of payment services legislation, and is not a financial institution, a payment service provider, a provider of services related to the circulation of virtual assets, an exchanger, or an issuer. The technical holding of Virtual Assets is carried out by the Smart Contract, not by the Company.
9.3. Independent responsibility for taxes. Each User independently determines, declares and pays the taxes and duties arising in connection with receiving income from renting property and/or transactions with Virtual Assets, in accordance with the legislation of their jurisdiction. The Company is not a tax agent of Users and does not provide tax advice. The Owner independently ensures the conversion of the received Virtual Assets into fiat currency (if needed).
9.4. Risks of Virtual Assets. The User confirms that they are aware of and accept the risks associated with the use of Virtual Assets and blockchain, in particular: exchange rate volatility, irreversibility of transactions, the risk of losing access to the Wallet, technical network failures, possible vulnerabilities of the Smart Contract, and the risk of changes to the legal regulation of virtual asset circulation in Ukraine and other jurisdictions. The Company does not guarantee the value of Virtual Assets and does not compensate for exchange rate differences.
9.5. Procedure for paying rent. The Client makes both the first rental payment and the Security Payment, as well as subsequent periodic rental payments, exclusively through the Platform's functionality. The Parties have agreed that any payments outside the Platform's functionality are prohibited, and in the event of such actions the Company has the right to block the relevant User's Account.
9.6. Multi-month rental. If the Rental Agreement is concluded for a term of more than one month, the Smart Contract keeps records by monthly periods. Before the end date of the payment period (due_ts), the Client is obliged to ensure that the Smart Contract holds an amount sufficient to pay for the following month. If sufficient funds are available as of the end date of the current payment period, the relevant month moves to "paid" status and the funds are subject to transfer to the Owner. If funds are insufficient, the month remains in "awaiting payment" status, and the situation is resolved in the manner set out in Section 10 of this Agreement. Late payment constitutes a breach of the Rental Agreement and may be grounds for its early termination by the Owner in the manner provided by such agreement and by law.
9.7. Fee for Services. For providing the Services, the Company receives the Fee for Services (Commission) in the amount set out in Annex No. 1 to this Agreement. The Commission is automatically withheld from the amount payable to the Owner and is paid by the Owner, unless otherwise expressly established by the terms of a specific booking displayed on the Platform before payment is confirmed. The Client does not pay the Company any separate remuneration for the Services.
9.8. Before confirming payment, the Platform displays the amount payable and may additionally show the hryvnia equivalent solely for the User's convenience. The hryvnia equivalent is for informational purposes only and does not change the terms agreed by the Users regarding the payment amount.
9.9. Payment is deemed made after the Platform receives technical confirmation of the successful completion of the Virtual Asset transfer on the TON network. The Platform records the fact of payment by storing available technical data in the Account, in particular the amount, date and time, transaction identifier and status.
9.10. Holding of funds until check-in. Funds paid by the Client are held by the Smart Contract until check-in is confirmed. After check-in is confirmed by the Client (or automatically confirmed under clause 8.3), a 24 (twenty-four) hour countdown begins, at the end of which the funds payable to the Owner are transferred to the Owner, provided there is no dispute registered within the Platform.
9.11. Security Payment. If the terms of the booking provide for a Security Payment, the Client makes it in the manner available on the Platform. The amount of the Security Payment is locked in the Smart Contract for the rental period and until check-out is confirmed, during which neither Party has access to such Security Payment. After check-out is confirmed, the Security Payment is subject to payout in the manner implemented on the Platform. In the absence of a dispute, the Security Payment is returned to the Client. If the Owner raises a claim regarding damage, or in the event of the Client's early departure, the question of payout of the Security Payment (in full or in part) is resolved in the manner set out in Section 10 of this Agreement.
9.12. All blockchain network fees (gas), fees of exchange/conversion services and other engaged Third Parties are paid by the User who initiates the relevant transaction, unless otherwise expressly established by the terms of a specific booking displayed on the Platform before payment is confirmed.
10. SMART CONTRACT, THE ROLE OF THE ADMINISTRATOR AND SETTLEMENT OF LOCKED FUNDS
10.1. Settlements under the Rental Agreement are technically executed by a Smart Contract deployed on the TON blockchain. The Smart Contract's parameters (the monthly payment amount, the Security Payment amount, the number of months, the Parties' Wallet addresses) are determined based on the booking terms agreed by the Owner and the Client, and are fixed upon its creation.
10.2. Within the Smart Contract, the Company performs the technical role of Administrator. This role is limited to the ability to: initiate the transfer of rent to the Owner after the relevant conditions and periods have occurred; record the opening of a dispute (DISPUTE) and temporarily block the movement of funds; carry out the distribution of locked funds between the Client and the Owner based on the results of reviewing an inquiry; close the Smart Contract.
10.3. The Company's Administrator role does not make the Company a party to the Rental Agreement, an arbitrator, mediator, arbitral tribunal, or dispute resolution body. The Administrator's actions are exclusively technical in nature and consist of executing an operation in the Smart Contract based on data recorded on the Platform (statuses, documents, photos/videos, meter readings, signed acts) and the Parties' explanations.
10.4. Procedure for reviewing an inquiry. In the event a dispute is opened, a Party provides the Company with a description of the circumstances and supporting materials through the Platform's functionality. The Company has the right to request additional materials from both Parties. The Company reviews the inquiry within 10 (ten) business days from the date of receipt of the last requested materials and notifies the Parties of the result through the Platform and/or by email. Pending a decision, the funds remain locked in the Smart Contract.
10.5. Legal consequences. The result of the Company's review of an inquiry is not a decision on the merits of the dispute between the Owner and the Client, does not establish the existence or absence of a violation, and does not deprive either Party of the right to apply to court for protection of their rights. A Party that considers the distribution of funds unjustified has the right to claim compensation from the other Party directly or through the courts. By accepting this Agreement, Users instruct the Company to perform the relevant technical operation in the Smart Contract and confirm that such performance does not give rise to the Company's liability to either Party for the consequences of the distribution of funds, except in cases of the Company's intent or gross negligence.
10.6. If neither Party performs the actions provided by the Platform, the Smart Contract may automatically move to the next state after the expiry of the relevant period under Annex No. 2, including making an automatic payment to the Owner or an automatic refund of the Security Payment to the Client.
10.7. The Company does not guarantee the absence of errors or vulnerabilities in the Smart Contract. The Company takes reasonable steps to audit the code and eliminate identified defects, but is not liable for losses caused by failures of the TON blockchain, network attacks, errors in third-party libraries, or the actions of third parties beyond the Company's control.
11. REFUNDS
11.1. Refunds of amounts paid in connection with booking and/or renting property, as well as the return of the Security Payment, is a matter of performance of the Rental Agreement between the Owner and the Client. The Company is not a party to such legal relations and does not assume an obligation to make a refund of payment or the Security Payment, but provides Users with the technical ability to record circumstances that may serve as grounds for mutual settlements between the Owner and the Client, and to carry out such a refund using the Platform's functionality.
11.2. The Fee for Services is non-refundable, since it is paid for access to the Platform's functionality and the information and technical Services provided. An exception applies only in cases where the impossibility of carrying out the booking or check-in arose through no fault of the Client and is confirmed by materials and statuses on the Platform. Such cases include: an established discrepancy between the description of the property on the Platform and its actual condition, which makes check-in impossible or significantly changes the terms of the rental; inactivity of the Owner, which resulted in the impossibility of check-in or gaining access to the property at the agreed time; the actual impossibility of check-in for reasons attributable to the Owner, in particular the lack of access to the premises or refusal to hand over the property.
11.3. In the cases specified in clause 11.2, the Company records the relevant circumstance and refunds the withheld Fee for Services in the manner implemented on the Platform, within 10 (ten) business days from the date the circumstance is recorded. In other cases, the Fee for Services is deemed paid for the Services provided and is non-refundable.
11.4. All other mutual settlements between the Owner and the Client, including the refund of payment for the rental period and/or the Security Payment, are resolved by the parties in accordance with the terms of the Rental Agreement and applicable Ukrainian law.
11.5. Refunds are made in the same Virtual Assets and to the same Wallet address from which the payment was received, unless otherwise agreed by the Parties. The Company does not compensate for exchange rate differences and network fees.
12. RULES OF CONDUCT
12.1. The Rules of Conduct are mandatory for all Users while using the Platform and interacting between the Owner and the Client. Compliance with the Rules of Conduct is a condition for access to the Services and is aimed at safety, proper communication and the protection of the rights and legitimate interests of other persons.
12.2. The User undertakes to use the Platform in good faith and exclusively for lawful purposes. In particular, the User has no right to post inaccurate information, mislead other Users regarding the property, the terms of rental, availability, cost, the Security Payment, house rules, or any material circumstances, and has no right to impersonate another person or use someone else's data without proper legal grounds.
12.3. During communication through the Platform, the User undertakes to behave properly and refrain from insults, threats, harassment, discriminatory statements, distribution of materials that violate the rights of third parties or legal requirements, as well as from sending spam or unwanted messages. The User undertakes to communicate material circumstances in a timely manner and not to hinder the other party in performing agreed actions, in particular regarding check-in, check-out, transfer of keys, and signing of documents.
12.4. The Client undertakes to comply with the rules for using the property agreed with the Owner, and to ensure the preservation of the premises and property transferred together with it. The Client has no right to use the property for unlawful purposes, violate the rights of neighbors or third parties, cause damage to the premises, furniture or appliances, and undertakes to return the property and keys at the agreed time and in the agreed condition, taking into account normal wear and tear, unless otherwise specified in the Rental Agreement.
12.5. The Owner undertakes to act in good faith when placing a listing, to provide accurate information about the property and living conditions, to ensure the possibility of check-in at the agreed time, to provide keys or another means of access, and not to create artificial obstacles for the Client's residence provided the Client performs the Rental Agreement.
12.6. In the event of a violation of the Rules of Conduct, the Company may apply response measures provided for by the Platform's functionality and this Agreement, in particular restricting or terminating the User's access to the Platform, blocking the Account, restricting the ability to communicate or use certain features. Since the Company is not a party to the Rental Agreement, the application of such measures does not mean resolving a dispute between the Owner and the Client on the merits, but may be necessary to ensure safety and the proper functioning of the Platform.
13. INQUIRIES AND DISPUTE HANDLING
13.1. Disputes arising between the Owner and the Client in connection with the booking, conclusion and performance of the Rental Agreement, the transfer and return of the property, and any settlements between them, are a dispute between the Owner and the Client. The Company does not assume the function of an arbitrator, mediator or dispute resolution body, and does not make decisions binding on the parties regarding the lawfulness of actions, the existence of violations, the amount of damages, or the grounds for mutual settlements, subject to the specifics set out in Section 10 of this Agreement regarding the technical role of the Smart Contract Administrator.
13.2. The Company provides Users with technical and informational support within the Platform's functionality, in particular: providing access to documents generated on the Platform; providing access to booking statuses and events; storing and displaying materials uploaded by Users; generating and providing electronic confirmations created during the check-in/check-out process.
13.3. Procedure for contacting the Company. A User may contact the Company through the support functionality in the Platform's Telegram application (@lokazonebot) or by email at info@loka.zone. The Company reviews inquiries and provides a response within 10 (ten) business days from the date of receipt, and inquiries that require additional verification — within 30 (thirty) calendar days.
13.4. At the pre-check-in stage, the Company helps reduce the risk of disputes by providing functionality for communication between the Owner and the Client, recording the agreed booking terms, and generating and signing the Rental Agreement. At the same time, the Company does not inspect the actual condition of the property and does not guarantee that the description of the property corresponds to its actual condition.
13.5. If a dispute between the Owner and the Client cannot be resolved through communication between them, including by contacting the Platform, it shall be resolved by the parties independently in accordance with the terms of the Rental Agreement and applicable Ukrainian law.
14. PERSONAL DATA
14.1. The Company processes Users' Personal Data in accordance with the Law of Ukraine "On Personal Data Protection", Regulation (EU) 2016/679 (GDPR) — where applicable — and the Privacy Policy, which is an integral part of this Agreement.
14.2. The legal bases for processing are the conclusion and performance of this Agreement, the Company's performance of obligations established by law, the Company's legitimate interests in ensuring the security of the Platform and preventing abuse, and, in the cases provided for, the User's Consent.
14.3. The User has the rights provided for by personal data protection legislation, in particular the right of access to their Personal Data, to have it corrected, deleted, restricted from processing and transferred, as well as the right to withdraw Consent given. Such rights may be exercised by contacting info@loka.zone.
14.4. The Company has the right to transfer Personal Data to Third Parties (verification, electronic signature, cloud storage and analytics services) to the extent necessary to provide the Services, on the terms defined by the Privacy Policy.
14.5. The User agrees that data on transactions on the TON blockchain (in particular Wallet addresses, amounts and time of transactions) is public in nature, is recorded in a distributed ledger, and cannot be deleted or changed by the Company.
15. INTELLECTUAL PROPERTY RIGHTS
15.1. All intellectual property rights to the Platform, its software modules, interfaces, design, structure, databases, texts, graphic materials, the "Loka" trademark, and other objects used to provide the Services belong to the Company and/or other rightsholders on lawful grounds. The User is granted a limited, non-exclusive, non-transferable right to use the Platform solely for the purpose of receiving the Services and within the Platform's functionality.
15.2. The User has no right to copy, reproduce, modify, distribute, decompile, reverse engineer, or otherwise use the Platform or its elements beyond the limits expressly permitted by this Agreement and the law.
15.3. Materials that Users post on the Platform (in particular photos, videos, property descriptions and messages) remain the property of the respective Users. By posting such materials, the User grants the Company a free, non-exclusive license, valid worldwide, to use, reproduce, adapt, and communicate them to the public to the extent necessary to provide the Services, ensure the functioning of the Platform, and promote it. Such a license remains in effect for as long as the materials are posted on the Platform and terminates once they are deleted, except where retaining the materials is necessary to comply with legal requirements or to confirm the circumstances of a booking.
15.4. The User warrants that they hold all rights necessary for the materials they post, and that such posting does not infringe the rights of Third Parties.
16. RIGHTS AND OBLIGATIONS OF THE PARTIES
16.1. Obligations of the User: — to use the Platform and receive Services in accordance with the terms of this Agreement; — to provide accurate, current and complete Personal Data during registration and use of the Account, and to promptly update such data if it changes; — to ensure the confidentiality of Account and Wallet access data and not to transfer access to them to Third Parties; — not to use the Platform for unlawful purposes, and not to take actions that may violate the rights and legitimate interests of the Company, other Users or Third Parties; — to comply with the Rules of Conduct and other rules/requirements published on the Platform; — to independently ensure the availability of technical means and internet access necessary to use the Platform.
16.2. Obligations of the Owner: — to place accurate information on the Platform about the property, its characteristics, availability, and the rental terms offered to the Client; — to provide the Client with information and/or materials necessary for check-in, in the manner agreed between the Owner and the Client and/or implemented on the Platform; — to ensure the possibility of the Client's check-in at the agreed time and to provide a key/means of access to the property; — to sign the Rental Agreement, the acceptance-transfer act and the return act in the manner provided by the Platform; — to act in good faith in interaction with the Client and not to take actions that unreasonably hinder the performance of the Rental Agreement; — to independently declare and pay taxes on income received from the rental.
16.3. Obligations of the Client: — to use the Platform for the purpose of booking and receiving property for rent on the terms agreed with the Owner; — to promptly take the actions provided by the Platform's functionality for booking, check-in and check-out, including providing confirmation of check-in/return of the property; — to timely and fully pay the rent and the Security Payment through the Platform's functionality; — to comply with the rules for using the property established by the Owner, and to ensure the preservation of the property and the items transferred together with it; — to sign the Rental Agreement, the acceptance-transfer act and the return act in the manner provided by the Platform; — to act in good faith in interaction with the Owner and to refrain from actions that hinder the proper performance of the Rental Agreement.
16.4. Obligations of the Company: — to provide the User with the technical ability to access the Platform and receive Services within the Platform's functionality; — to ensure the functioning of the Platform and the availability of its core functionality, except for interruptions related to technical maintenance, updates, troubleshooting, or circumstances beyond the Company's control; — to ensure the storage of and access for Users to documents/confirmations generated while using the Platform; — to process Users' Personal Data in accordance with the Privacy Policy and Ukrainian law; — to review Users' inquiries within the periods set out in clause 13.3 of this Agreement.
16.5. Rights of the User: — to access the Platform's functionality and receive Services in accordance with the terms of this Agreement; — to contact the Company for informational support regarding use of the Platform; — to access documents/confirmations and materials generated while using the Platform, and to download them; — to stop using the Platform at any time and initiate deletion of the Account in the manner provided by Section 21 of this Agreement.
16.6. Rights of the Company: — to determine, change and update the Platform's functionality, the procedure for providing Services and the technical procedures of the Platform's operation; — to establish and change the rules for using the Platform, including the Rules of Conduct, in the manner provided by this Agreement; — to restrict or terminate the User's access to the Platform, block the Account, or restrict certain features of the Platform in the event of a violation by the User of the terms of this Agreement, the Rules of Conduct, or the requirements of Ukrainian law; — to engage Third Parties to ensure the functioning of the Platform and the provision of Services (in particular technical, informational, legal and other parties), provided that the requirements of personal data protection legislation are complied with.
17. LIABILITY
17.1. The Company provides the Services as a technical and informational tool for accessing the Platform's functionality. The Company is not a party to the Rental Agreement concluded between the Owner and the Client, and is not liable for the performance or non-performance by the Owner and/or the Client of their obligations under such agreement.
17.2. The Owner and the Client bear independent responsibility for the accuracy, lawfulness and completeness of the information they provide or post on the Platform, as well as for the consequences of concluding and performing the Rental Agreement, including with regard to the actual condition of the property, the possibility of check-in, use of the property, its preservation, transfer of keys, meter readings, the availability/condition of furniture and appliances, and other rental terms.
17.3. The Company is not liable for any losses, damages, expenses or other consequences incurred by a User as a result of the actions or inaction of another User, including in connection with refusal of check-in, early termination of the rental, damage to or loss of property, or a dispute regarding settlements, the Security Payment, or compensation.
17.4. The Company does not guarantee the continuous and error-free operation of the Platform. The Company is not liable for temporary unavailability of the Platform or its individual features, delays, failures, loss of connection, or data transmission errors that occur for reasons beyond the Company's control, including in connection with the operation of the internet, the TON blockchain, the User's equipment, telecommunications operators, Telegram and/or Third Parties.
17.5. The Company is not liable for the consequences of the User's use of the Platform in a manner that contradicts this Agreement, the Rules of Conduct or Ukrainian law, or for the consequences of the User providing inaccurate data.
17.6. The Company is not liable for the actions and/or decisions of Third Parties integrated with or linked to the Platform, including electronic signature services, identification/verification tools, payment providers, crypto services, messaging services and other external services. The processing of data and/or provision of the relevant services by such Third Parties is carried out on their own terms and in accordance with their own rules and policies.
17.7. The Owner bears full and independent responsibility to the Client and third parties for the lawfulness of providing the property for rent, having title of ownership and/or another lawful basis to dispose of the property, the accuracy and completeness of the information in the listing, ensuring access to the property within the agreed timeframes, transferring keys/means of access, and proper performance of the Rental Agreement.
17.8. The Client bears full and independent responsibility to the Owner and third parties for compliance with the terms of the Rental Agreement and the Rules of Conduct, proper use of the property, ensuring the preservation of the property and items transferred together with it, as well as for any damage, destruction or loss of the property and/or such items from the moment of actually gaining access until confirmed return.
17.9. In the event of a User's violation of the terms of this Agreement, the Rules of Conduct, the provision of inaccurate information, attempts at unauthorized access, abuse of the Platform's functionality, or actions that create risks for other Users or the Company, the Company has the right to apply the following measures: — a warning; — temporary restriction of access to the Platform or certain features; — temporary blocking of the ability to create/confirm bookings or documents; — a requirement for repeat verification; — blocking the Account; — termination of the provision of Services; — other measures necessary to ensure safety and the proper functioning of the Platform.
17.10. The application of the measures provided for in clause 17.9 does not release the User from liability for the consequences of their violations, does not limit the Company's right to apply other protective measures, and does not affect funds already locked in the Smart Contract under previously concluded Rental Agreements — such funds are distributed in the manner set out in Section 10 of this Agreement.
17.11. The Company is not liable for any damage, destruction, loss or deterioration of the property and/or items, or for any incidents that occur during check-in, residence or check-out. All claims regarding the condition of the property, items, completeness, keys/means of access, meter readings, and any compensation are subject to resolution between the Owner and the Client.
17.12. For any claims by a User arising from this Agreement or in connection with it (regardless of the legal basis), the Company's aggregate liability is limited to the amount of the Fee for Services actually received by the Company in connection with the relevant booking. This limitation applies to the maximum extent permitted by Ukrainian law and does not apply in cases of the Company's intent or gross negligence, or in cases where a limitation or exclusion of liability is expressly prohibited by law, in particular consumer protection legislation.
17.13. The Services are provided by the Company "as is" and "as available". The Company does not warrant that the Platform will meet the User's individual expectations, that its operation will be continuous, timely, error-free, or fully protected from external influences. The Company does not guarantee that the User will achieve any particular result from using the Platform, including with regard to the speed of finding property, the success of check-in, or the absence of disputes between the Owner and the Client. This provision applies to the extent it does not contradict the mandatory rules of Ukrainian consumer protection law.
17.14. The User is obliged to maintain the confidentiality of Account and Wallet access data. The User bears full responsibility for all actions performed using their Account. The Company is not liable for the consequences of loss of control over a User's Account or Wallet if such consequences arose as a result of the actions or inaction of the User themselves.
17.15. The Company does not provide real estate agency, brokerage or intermediary services, does not select property for Users, does not represent the interests of the Owner or the Client, does not conduct negotiations on their behalf, and does not conclude the Rental Agreement on behalf of either party.
17.16. Users are prohibited from using the Platform to carry out real estate agency, brokerage or other intermediary activity, or to act on behalf of or in the interests of third parties as a representative, agent or intermediary. The Company has the right to require the User to confirm that they are acting on their own behalf and/or on lawful grounds, and, if signs of intermediary activity are detected, to restrict or terminate such User's access to the Platform, block the Account and/or cancel the relevant bookings.
18. FORCE MAJEURE
18.1. The Parties are released from liability for full or partial non-performance of obligations under this Agreement if such non-performance is caused by circumstances of insurmountable force (force majeure), in particular: armed aggression, military actions, martial law or a state of emergency, terrorist acts, missile strikes, blocking of the internet, prolonged power outages, natural disasters, epidemics, decisions of state authorities, changes in legislation that make performance of the Agreement impossible, large-scale failures or attacks on the TON blockchain, and the cessation of operation of Telegram or electronic signature services.
18.2. A Party affected by circumstances of insurmountable force is obliged to notify the other Party within a reasonable time. The Company gives such notice by posting information on the Website and/or on the Platform.
18.3. The occurrence of force majeure circumstances extends the periods for performing obligations for the duration of such circumstances. If force majeure lasts more than 60 (sixty) calendar days, either Party has the right to terminate this Agreement by notifying the other Party.
19. NOTICES AND COMMUNICATION
19.1. All notices under this Agreement are sent through the Platform (internal notifications, Telegram messages) and/or to the email address specified by the User in the Account.
19.2. A notice from the Company to the User is deemed received on the day it is displayed on the Platform or sent to the User's email.
19.3. Notices from the User to the Company are sent through the Platform's support functionality or to info@loka.zone and are deemed received on the day of receipt, or, if that day is a non-business day, on the next business day.
19.4. The User is obliged to keep their contact details up to date. The risk of not receiving notices as a result of providing inaccurate or outdated contact details is borne by the User.
20. GOVERNING LAW AND DISPUTE RESOLUTION
20.1. All relations between the Company and the User arising in connection with the performance of the terms of this Agreement are governed by the law of Ukraine.
20.2. The Parties shall make efforts to resolve disputes through negotiations. A pre-trial settlement procedure (contacting the Company under clause 13.3) is mandatory.
20.3. Any dispute arising in connection with this Agreement, including any questions regarding its existence, validity or termination, is subject to final resolution by a court of Ukraine in accordance with Ukrainian law.
20.4. The provisions of clauses 20.1 and 20.3 do not deprive a User-consumer of the right to protection guaranteed by the mandatory rules of the law of the country of their habitual residence, including the right to apply to a court at their place of residence, if provided for by such law.
21. TERM AND TERMINATION OF THE AGREEMENT
21.1. This Agreement takes effect from the moment of acceptance by the User and is valid for the entire period the User uses the Services.
21.2. The User has the right to stop using the Platform at any time and to initiate deletion of the Account through the Platform's functionality or by sending a request to info@loka.zone.
21.3. Deletion of an Account is not possible if there are unfinished bookings, active Rental Agreements, or funds locked in a Smart Contract. In such a case, the Account is deleted after the completion of the relevant processes and the distribution of funds.
21.4. The Company has the right to unilaterally terminate this Agreement in the event of a material breach by the User of its terms, having notified the User in the manner set out in Section 19.
21.5. Termination of the Agreement does not release the Parties from performing obligations that arose before its termination, and does not terminate provisions that by their nature are intended to remain in effect after termination (in particular Sections 14, 15, 17 and 20).
21.6. After termination of the Agreement, the Company retains the User's documents and data for the period specified in clause 7.11 and the Privacy Policy, in order to comply with legal requirements and to be able to confirm the circumstances of bookings.
22. INTRODUCING CHANGES
22.1. The Company has the right to unilaterally amend this Agreement and its Annexes.
22.2. The new version of the Agreement is published on the Website and/or on the Platform. The Company notifies Users of changes in the manner set out in Section 19 no later than 7 (seven) calendar days before they take effect, except for changes required by law or necessary to eliminate a security threat, which may take effect immediately.
22.3. Changes do not apply to bookings and Rental Agreements concluded before they take effect — the version of the Agreement in effect at the time of the relevant acceptance applies to such relations.
22.4. If the User does not agree with the changes, they have the right to stop using the Platform and delete their Account in the manner set out in Section 21. Continued use of the Services after the changes take effect constitutes the User's consent to the new version of the Agreement.
22.5. The Company retains an archive of previous versions of the Agreement indicating the periods during which they were in effect and provides access to it at the User's request.
23. FINAL PROVISIONS
23.1. This Agreement, together with its Annexes, the Privacy Policy and the Rules of Conduct, constitutes the entire agreement between the Parties regarding its subject matter.
23.2. If any provision of this Agreement is found to be invalid or unenforceable, this does not affect the validity of the other provisions. The invalid provision is replaced by a valid provision that most closely reflects the Parties' original intent.
23.3. The User has no right to assign their rights and obligations under this Agreement to Third Parties without the Company's prior written consent. The Company has the right to assign its rights and obligations under this Agreement in the event of reorganization, a change in legal form, or the transfer of its business, having notified Users in the manner set out in Section 19.
23.4. The Company's failure or delay in exercising any right under this Agreement does not constitute a waiver of that right.
23.5. This Agreement is concluded in the Ukrainian language. If a translation into another language is provided, the Ukrainian-language version shall prevail.
23.6. Electronic versions of the Agreement or copies stored in another manner are deemed to be true, complete, valid and legally binding.
24. COMPANY DETAILS
Individual entrepreneur Oleksandr Oleksandrovych Hulianych
RNOKPP: 3868804231
Correspondence address: Ukraine, 88000, Uzhhorod, Myslyvskyi Lane, bldg. 7
Email: info@loka.zone
Website: loka.zone
Telegram application: @lokazonebot (https://t.me/lokazonebot)
ANNEX No. 1 to the Public Offer
AMOUNT AND PROCEDURE FOR PAYMENT OF THE FEE FOR SERVICES
1. The Company's Fee for Services (Commission) is 5% (five percent) of the amount of each rent payment made by the Client within the relevant booking.
2. No Commission is charged on the amount of the Security Payment.
3. The Commission is automatically withheld by the Smart Contract from the amount payable to the Owner, simultaneously with the payment of rent to the Owner. The Fee for Services is paid by the Owner. The Client does not pay the Company any separate remuneration.
4. The amount of the Commission is displayed in the Platform's interface before the booking is confirmed by the Owner.
5. Blockchain network fees (gas) are not included in the Fee for Services and are paid by the User who initiates the relevant transaction.
6. The Company has the right to set reduced or zero Commission rates for certain categories of Users, promotional periods, or pilot launches. Such a change does not require an amendment to this Annex and is displayed in the Platform's interface.
7. The cost of additional (premium) Platform services, in particular listing promotion, is determined separately and is displayed in the Platform's interface before they are ordered.
ANNEX No. 2 to the Public Offer
PERIODS (TIMERS) AND THE CONSEQUENCES OF THEIR EXPIRY
| No. | Stage | Period | Consequence of expiry |
|---|---|---|---|
| 1 | After the Owner accepts the request — the Client's choice of "I want to view the property" / "No viewing needed" | 24 hours | The booking is cancelled automatically |
| 2 | The Client's viewing of the property (if "I want to view the property" is chosen), up to clicking "Formalize the deal" | 72 hours | The booking is cancelled automatically |
| 3 | Signing by the Owner of the Rental Agreement and the acceptance-transfer act using a QES | 24 hours | The booking is cancelled automatically; the Rental Agreement is deemed not concluded |
| 4 | Signing by the Client of the documents using a QES and making payment (rent for the first month + Security Payment) | 24 hours | The booking is cancelled automatically; funds (if any) are returned to the Client |
| 5 | Confirmation of check-in by the Client on the day of move-in | by 23:59 on the day of move-in | Check-in is confirmed automatically |
| 6 | Reporting a critical problem after check-in is confirmed | 24 hours | Funds for the first month are transferred to the Owner |
| 7 | The Client depositing funds to pay for the following month | by the end date of the payment period (due_ts) | The month moves to "awaiting payment" status; the situation is resolved in the manner set out in Section 10 |
| 8 | Confirmation by the Owner of the return act (check-out) after it is signed by the Client | 24 hours | The rental ends automatically; the Security Payment is returned to the Client |
| 9 | Review by the Company of an inquiry (dispute) | 10 business days from the date of receipt of the last requested materials | The Parties are notified of the result; funds are distributed in the Smart Contract |
The Company has the right to change the periods set out above in the manner provided by Section 22 of the Agreement. Current periods are always displayed in the Platform's interface.
