CHARITY DONATION PUBLIC OFFER

(edition as of April 14, 2022)

1. GENERAL PROVISIONS

1.1. This CHARITY DONATION PUBLIC OFFER (hereinafter referred to as – the “Offer“), in accordance with Art. 641 of the Civil Code of Ukraine, is an offer of the CHARITABLE ORGANIZATION “CHARITABLE FOUNDATION “SAVE UKRAINE NOW”, identification code of the legal entity is 44695768, which is located at: Ukraine, 01032, Kyiv, 121 Saksaganskogo st., office 1 (hereinafter referred to as – the “Foundation“), represented by the head (director), who is acting on the basis of the Statute, to an indefinite number of sui juris (legal capacity) individuals and legal entities of private law who voluntarily carry out charitable activities (hereinafter each of such persons referred to as – the “Benefactor“), enter into an agreement to provide a charitable donation (hereinafter referred to as – the “Agreement“) on the terms described in this Offer, with each Benefactor who applies.

1.2. This Offer shall enter into force upon its posting on the Foundation’s website at the following link: http://www.saveuanow.foundation (hereinafter referred to as – the “Website“). This Offer is perpetual and may be modified or revoked by the Foundation at any time (prior to its acceptance by the Benefactor) by posting relevant information on the Site.

1.3. The Foundation may enter into charity donation agreements in a manner other than and/or on terms other than provided in this Offer. The Benefactor may ask the Foundation for conclusion of such an agreement.

2. SUBJECT OF THE AGREEMENT

2.1. The subject of this Agreement is the gratuitous and voluntary transfer of funds by the Benefactor to the Foundation, by making a charitable donation for the statutory activities of the Foundation. The Benefactor independently determines the amount of the charitable donation. The Foundation independently determines the directions of using the charitable donation within the framework of its own statutory activities, unless otherwise determined by the Benefactor in the manner prescribed by this Agreement. The subject of this Agreement is not the receipt of profit directly or indirectly by any of the Parties of the Agreement.

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

2.3. The Benefactor has the right to ask the Foundation and receive information about the nature and amount of charitable assistance required for specific purposes of the Foundation, as well as charitable programs of the Foundation to determine the use of charitable donations before its provision.

2.4. The Benefactor understands and agrees that his/her charitable donation will be used to achieve the goals set forth in the Foundation’s Statute, which he can read by sending a request to saveukrainenovfund@gmail.com.

3. FOUNDATION ACTIVITIES

3.1. The Foundation carries out charitable activities aimed at direct support of Ukrainians who remained in the zone of active hostilities, with food, medicine, evacuation, including medical, transport, as well as conducts other charitable activities in accordance with its Statute.

3.2. The activities of the Foundation are not for profit.

3.3. The Statute of the Foundation, information about its work and reports on the results of activities are posted on the Site.

4. DONATION AND ACCEPTANCE OF THE OFFER

4.1. The Benefactor independently determines the amount of the charitable donation and makes it by (i) making a money transfer using payment forms and funds posted on the Site, or (ii) transferring funds to the current account of the Foundation through banking institutions. Charitable donations are indefinite, and their term of use by the Foundation is not limited.

4.2. In accordance with the Offer and the Agreement, charitable donations are provided by Benefactors and used by the Foundation to conduct and ensure charitable activities (implementation of directions, charitable activities and charitable programs) of the Foundation in accordance with the Statute and legislation of Ukraine. The Benefactor agrees with this purpose of his/her donation.

4.3. The Benefactor also has the right to determine the specific purpose of his/her donation within the goals and activities and charitable programs of the Foundation by concluding a separate agreement with the Foundation for charitable donations, in accordance with clauses 1.3., 2.1. and 2.3. of this Offer. If the Benefactor indicates in the purpose of payment the purpose specified in the relevant announcement of the public collection of charitable donations for a specific purpose (implementation of a charitable program or project, assistance to a specific beneficiary) posted on the Site, the Foundation undertakes to use charitable donation for the purposes specified by the Benefactor. In the event that the Charitable Donation received by the Foundation cannot be used for specified purpose due to objective reasons (due to the collection of sufficient charitable donations to achieve the goal, the elimination of the need for assistance, etc.), the Benefactor agrees, and the Foundation has right and undertakes to use the Benefactor’s charitable donation for similar purposes within the statutory activities of the Foundation. If the Benefactor has determined its specific purpose when making a donation without the prior consent of the Foundation, the Foundation has the right to use such a donation at its discretion for purposes within the statutory activities of the Foundation.

4.4. Charitable donations are used by the Foundation in the order of their receipt.

4.5. When making a donation for the correct identification of the payer, the Benefactor provides his/her contact information: name and surname, name of the legal entity, e-mail address and/or telephone number, other data that allows to identify the Benefactor.

4.6. Acceptance of the Offer is considered its full and unconditional acceptance by the Benefactor to take action to transfer the charitable donation to the Foundation in one of the ways specified in clause 4.1. above. The Offer is considered accepted and the Agreement is concluded from the date of crediting funds to the current account of the Foundation or their posting in the Foundation’s cash desk.

4.7. Within 48 (forty-eight) hours after crediting the funds to the current account of the Foundation or posting them to the Foundation’s cashier, the Benefactor may apply to the Foundation regarding the return of donations due to their erroneous transfer or other reasons. After the expiration of this period, the charitable donation is considered non-refundable and is not returned by the Foundation, except in cases when such return is required by the legislation of Ukraine or otherwise provided by this Offer. If the donation was made to the Foundation’s account without identification of the payer and the Foundation cannot identify the Benefactor, such donation is not returned by the Foundation.

4.8. By accepting the Offer, the Benefactor confirms that he/she agrees with all the terms of the Offer, is fully aware of and agrees with the subject and terms of the Agreement. On the basis of Art. 207, 639, 641, 642 of the Civil Code of Ukraine, from the moment of acceptance this Agreement is considered concluded in writing.

4.9. Expenses related to charitable donations (commissions for transfer of funds, taxes, fees, etc.) are borne by the Benefactor, if such expenses are collected from the Benefactor, and the Foundation, if such expenses are collected from the Foundation. The Benefactor is aware of and agrees that part of his/her charitable donation may be used by the Foundation to cover charitable donations if such costs are collected by default by third parties and cannot be avoided (e.g. acquiring payment systems commissions, banking commissions, etc.).

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Foundation undertakes to use the funds of the Benefactor’s charitable donation in strict accordance with the legislation of Ukraine and only within the framework of its statutory activities.

5.2. The Foundation has the right to independently determine the use of charitable donations in accordance with its statutory activities and the legislation of Ukraine, except when the Benefactor has determined the specific purpose of his donation under a separate agreement with the Foundation. Thus, if the specific purpose of the charitable donation is not determined by the Benefactor, it is considered that the donation was made for the Foundation’s statutory activities.

5.3. The Benefactor agrees that in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations”, the Foundation may use part of the funds received from Benefactors to finance its administrative expenses. The amount of expenses for the maintenance of the Foundation (administrative expenses of the Foundation) may not exceed 20% of its budget for the current year.

5.4. The Benefactor has the right to receive information about the use of his/her charitable donation. To this end, the Foundation may post monthly financial reports on the Site, which include information on (i) the amount of donations received by the Foundation during the reporting period and (ii) the Foundation’s expenses during the reporting period. At the request of the Benefactor, the Foundation may also confirm the targeted use of the charitable donation with additional documents. Access to reports on the use of charitable donations is provided by the Foundation in the manner and within the time limits provided by current legislation of Ukraine.

5.5. By making a charitable donation, the Benefactor unconditionally asserts (i) his/her legal capacity, (ii) voluntary conclusion of the deed, (iii) that the subject of the charitable donation is not prohibited, arrested, pledged, encumbered by any other rights of third parties and was not acquired in violation of the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction”. In case the Foundation has reasonable doubts about these allegations, the Foundation has the right to ask, and the Benefactor undertakes to provide appropriate supporting evidence for these allegations.

6. PUBLIC COLLECTION OF CHARITY DONATIONS

6.1. Public collection of charitable donations may be held in any country of the world. The direct activity of the Foundation related to the public collection of donations under the Agreement is carried out in accordance with its Statute.

6.2. Public collection of charitable donations on the basis of this Agreement is carried out during the entire period of the Foundation’s activity until its termination, unless otherwise determined by the decision of the competent management bodies of the Foundation. In the cases provided for in clause 4.3. of this Agreement, the public collection of charitable donations is carried out within the time limits specified in the relevant announcement of the public collection of charitable donations for a specific purpose.

7. RESPONSIBILITY OF THE FOUNDATION

7.1. Responsibility of the Foundation for violation of this Agreement or the procedure for the use of charitable donations occurs on the grounds, in the amount and in the manner prescribed by the requirements of current legislation of Ukraine.

8. FINAL PROVISIONS

8.1. By accepting the Offer, the Benefactor agrees to process his/her personal data to the Foundation, personal data disclosed by the Benefactor when making a charitable donation, in order to fulfill the terms of the Agreement. Such personal data may include: name, surname and patronymic, address, place of residence, e-mail address, telephone number and (when transferring funds to the current account of the Foundation through banking institutions) bank details. Permitted types of personal data processing include their collection, registration, accumulation, storage, adaptation, modification, renewal, use and dissemination (distribution, sale, transfer), depersonalization and destruction. The Foundation undertakes not to disclose the Benefactor’s personal data to third parties without the Benefactor’s permission, except in cases when such disclosure is required by state bodies or otherwise required in accordance with the legislation of Ukraine. The Benefactor confirms that he was informed about the rights established by the Law of Ukraine “On Personal Data Protection”. The scope of the Benefactor’s rights as a subject of personal data in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by him.

8.2. The Benefactor agrees that his contact information may be used by the Foundation to send letters and messages, including electronic ones, to the Benefactor. At the same time, the Foundation undertakes not to provide information about the Beneficiary’s contact details to third parties, except in cases expressly provided by the legislation of Ukraine.

8.3. In the event of disputes between the parties to this Agreement, they must be resolved through negotiations. If it is impossible to resolve disputes through negotiations, disputes are considered by courts in the manner prescribed by current legislation of Ukraine.

Charitable Foundation “SAVE UKRAINE NOW”

Address: Ukraine, 01032, Kyiv, 121 Saksaganskogo street, office 1

Identification code of the legal entity: 44695768

Non-profit organization in accordance with the decision to include in the Register № 2226594600086 from 31.03.2022 – the date of assignment of the sign of non-profit is 22.03.2022.

Bank details:

Ukraine, UAH

Recipient: CO “CF “SAVE UKRAINE NOW”

Account: UA44 305299 00000 26009026236539

SWIFT/Bic code: 305299

Name of the bank: JSC CB “PRIVATBANK”

Bank address: Ukraine, 01001, Kyiv, 1D Hrushevskoho street

Canada, USD

Beneficiary name: SAVE UKRAINE NOW

Beneficiary Address: 18 Clark Avenue W U nit L27, Toronto, Canada

Bank account number: 1924 7305635

SWIFT/Bic code: TDOMCATTTOR

Bank Name: TD Canada Trust

Bank Address: 5928 Yonge Street, Toronto, Canada

The Kingdom of the Netherlands, Euro

Beneficiary name: SAVE UKRAINE NOW

Beneficiary Address: Maasstraat 28 7607 PG ALMELO

Bank account number: NL55INGB0675576482

SWIFT/Bic code: INGBNL2A

Bank Name: Ing Bank N V

Email addresses for possible inquiries:

saveukrainenovfund@gmail.com

Director Artur Nonko