Country Addendum — Ukraine

to the INBULK.COM Accession Agreement (Main Agreement, Edition INBULK-AGR-02)

Clause references “M-x.x” are to clauses of the Main Agreement.

UA-1. Scope, precedence and Platform Operator

UA-1.1. This Country Addendum applies to Company Users registered in Ukraine. It forms an integral part of the Main Agreement and the Statement of Accession for such Company Users and, in accordance with Clause M-4.1, prevails over the Main Agreement in respect of the matters it governs.

UA-1.2. Capitalised terms not defined in this Country Addendum have the meanings given to them in the Main Agreement.

UA-1.3. The Platform Operator for Company Users registered in Ukraine is Limited Liability Company “INBULK.COM”, EDRPOU code 46091188, registered office: 4 Hryshka Mykhaila Str., Kyiv, 02072, Ukraine, email: [email protected].

UA-2. Legal nature of the Agreement (supplements M-1.1)

UA-2.1. The Agreement is an accession agreement within the meaning of Article 634 of the Civil Code of Ukraine.

UA-3. Signing of the Statement and new Editions (supplements M-1.2, M-6.4, M-14.8)

UA-3.1. A Company User registered in Ukraine signs the Statement of Accession with the qualified electronic signature (QES) of the Signatory.

UA-3.2. A new Edition of the Main Agreement, a new version of this Country Addendum or a change of the Platform Operator applies to the Company User after it signs a new Statement of Accession with a QES.

UA-4. Business Days and time (supplements M-2.1 “Business Day” and M-15.3)

UA-4.1. A Business Day is a day that is not a weekend, public holiday or non-working day under the laws of Ukraine, unless otherwise specified in the terms of the specific Business, Contract, Service Order or Special Terms.

UA-4.2. Unless otherwise specified, time periods are calculated in Kyiv time. System events may be recorded in UTC with local time displayed.

UA-5. Escrow (supplements the definition “Escrow Agent”)

UA-5.1. Under the legislation of Ukraine, an Escrow Account is opened exclusively by a bank.

UA-6. Personal data (supplements M-12.1, M-12.2)

UA-6.1. The Law of Ukraine “On Personal Data Protection” and other legislation of Ukraine on personal data protection apply to the processing of personal data in connection with the Agreement.

UA-7. Liability (supplements M-9.6, M-13)

UA-7.1. For functionality provided free of charge, the aggregate liability of the Platform Operator referred to in Clause M-13.6 shall not exceed UAH 100,000 (one hundred thousand hryvnias).

UA-7.2. In the event of late performance of a monetary obligation, Article 625 of the Civil Code of Ukraine applies, unless a different rate of interest is set by the terms of the relevant Business, Contract or Service Order.

UA-7.3. Nothing in the Agreement limits the right of a court to reduce a penalty under Article 551 of the Civil Code of Ukraine.

UA-7.4. Nothing in the Agreement limits the right of the Parties to amend or terminate the Agreement due to a material change of circumstances under Article 652 of the Civil Code of Ukraine.

UA-8. Notices (supplements M-15.2)

UA-8.1. An ordinary electronic notice is not a notice sent by means of a qualified electronic registered delivery service unless such service was actually used.

UA-9. Governing law (replaces the reference in M-15.4)

UA-9.1. The Agreement between the Platform Operator and a Company User registered in Ukraine is governed by the legislation of Ukraine.

UA-10. Dispute resolution (replaces the reference in M-15.5)

UA-10.1. If a dispute is not settled through the claim procedure under Clause M-15.5, it shall be resolved by the competent court of Ukraine in accordance with the rules of jurisdiction.

UA-11. Language (replaces the reference in M-15.9)

UA-11.1. This Country Addendum is drawn up in English and Ukrainian. The Statement of Accession for Company Users from Ukraine is drawn up in Ukrainian. The English text of the Main Agreement and of this Country Addendum prevails; the Ukrainian text of this Country Addendum and the Ukrainian translation of the Main Agreement are convenience translations.

UA-12. Provisions accepted separately in the Statement

UA-12.1. For the purposes of the Statement of Accession, the governing law and dispute resolution provisions are Clauses UA-9 and UA-10 of this Country Addendum.

Details of the Parties