Public Offer (License Agreement) for access to the "Повідомляка" service

1. General provisions

This English text is an informational translation. The Ukrainian version of this document is the legally authoritative version.

This document is the official public proposal (offer) of ФОП Поляков О. М. to enter into a License Agreement for access to the "Повідомляка" service on the terms set out below. Pursuant to Articles 633, 634, 641 and 642 of the Civil Code of Ukraine, this agreement is a public contract and a contract of adhesion; its terms are identical for all Customers.

Licensor — фізична особа-підприємець Поляков Олексій Михайлович, Tax ID (РНОКПП) 3797501018 (hereinafter — the "Licensor", "we"). Customer — an individual, a sole proprietor, or a legal entity that has accepted this Offer (hereinafter — the "Customer", "you").

Acceptance of the Offer means the Customer's full and unconditional acceptance of all its terms, as well as the terms of the documents that form its integral part: the Terms of Use, the Privacy Policy, and (where applicable) the Data Processing Agreement.

The current version of the Offer is always available at https://povidomlyaka.com/offer. Version 1.1 of 2026-09-24.

2. Terms and definitions

"Повідомляка" service (the "Service") — the Licensor's software and related online services for automatically sending appointment reminders and review requests to End Recipients through the Telegram, WhatsApp, Instagram, Facebook Messenger, SMS channels.

"Offer" — this document. "Acceptance" — actions of the Customer signifying acceptance of the Offer. "Personal Account" — the secured area of the Service. "Plan" — the selected package of terms and pricing. "Subscription" — access to the Service during the paid period.

"End Recipient" — a person (the Customer's client) to whom the Customer sends messages through the Service. "Altegio" — a third-party booking and records platform. "plata by mono" — the payment service through which settlements are made.

3. Subject of the agreement

The Licensor grants the Customer the right to use the "Повідомляка" Service within the scope of the selected Plan, and the Customer undertakes to pay for such use in accordance with this Offer.

The Service sends appointment reminders and review requests to End Recipients through the Telegram, WhatsApp, Instagram, Facebook Messenger, SMS channels, based on data from the Altegio system connected by the Customer.

4. Manner of provision of the service

The Service is a digital (electronic) service. Access is granted in electronic form via the Personal Account immediately after acceptance and/or payment for the relevant Plan.

The service is provided exclusively remotely using the Internet. The personal presence of the Customer, physical contact with the Licensor or its representatives, and any visit by the Customer to any business unit of the Licensor are not envisaged. No physical delivery of goods, tangible media, or copies of the software takes place; the Licensor does not sell goods through the Service.

The service is deemed to have been duly provided from the moment the Customer is granted access to the Personal Account within the scope of the paid Plan. The service for the relevant billing period is deemed to have been provided in full upon expiry of that period.

5. License to use the software

The Licensor grants the Customer a non-exclusive, revocable license to use the Service, without the right of sublicensing, for the term of the Subscription and within the functionality of the selected Plan. All intellectual property rights to the Service belong to the Licensor.

The Customer is prohibited from: copying, modifying, decompiling, or reverse-engineering the Service; probing vulnerabilities, circumventing technical restrictions, spoofing service headers, generating excessive load, or using automated data collection (scraping); reselling or transferring access to third parties; and using the Service to build a competing or similar product.

6. Acceptance procedure and conclusion of the agreement

Any of the following actions by the Customer constitutes acceptance of the Offer: registering a Personal Account; making the first payment under a Plan; or actually beginning to use the Service. From the moment of Acceptance, the Offer is deemed concluded in written form (Articles 207, 639, 642 of the Civil Code of Ukraine).

7. Registration and the Personal Account

To use the Service, the Customer registers a Personal Account and provides accurate data, the currency of which the Customer maintains independently.

The Customer is responsible for safeguarding the credentials used to access the Personal Account and bears responsibility for all actions performed under its account.

8. Integration with Altegio

The Customer independently connects its Altegio account and grants the Service authorized access to the necessary data. The Customer warrants that it has obtained all consents and permissions required to transfer and process such data, and may revoke access or disable the integration at any time.

Altegio is a separate, independent service with its own terms of use and privacy policy. The Licensor is not affiliated with Altegio, does not act on its behalf, and is not its representative; the name "Altegio" is used solely to denote integration compatibility and does not grant the Licensor any rights to the corresponding trademarks.

Data received from Altegio is used exclusively to provide the Service, with appropriate security measures and in accordance with personal data protection legislation. After the integration is disabled, the Licensor terminates access to the corresponding data.

9. Third-party services and compliance with their rules

To provide the Service, the Licensor uses third-party platforms and interfaces (including the Meta/WhatsApp API, Telegram, SMS providers, and Altegio). Use of these platforms is governed by their own rules and policies, which the Licensor undertakes to comply with.

The Customer must comply with the rules of the relevant platforms and operators. The Customer is responsible for any violation of such rules, even where the violation is committed through the use of the Service. The Licensor is not responsible for decisions made by third-party services to block, restrict, or refuse service to the Customer.

10. Responsibility for content and mailings

The Customer independently determines the content of messages and the list of End Recipients. The Licensor is a technical platform for processing and transmitting messages and is not responsible for the content of messages sent by the Customer.

The Licensor does not conduct mass unsolicited mailings (spam) and takes reasonable measures to prevent them, but does not guarantee their complete prevention. Responsibility for the legality of the contact database, the presence of recipient consent, and the content of mailings rests solely with the Customer.

11. Prohibited fields of activity and content

The Licensor does not serve Customers and does not permit mailings related to categories prohibited under the rules of the Visa and Mastercard payment systems, the acquirer (plata by mono), and applicable law, including: weapons and ammunition; narcotic substances; pornography and sexual services; gambling and lotteries (where prohibited); online sale of alcohol and tobacco; cryptocurrencies and financial pyramid schemes; counterfeit goods; surveillance equipment; forged documents; and any unlawful, fraudulent, or deceptive content.

If such activity is detected, the Licensor is entitled to suspend or terminate access to the Service without a refund for the relevant period.

12. Cost of Services, Plans, and payment procedure

The cost of using the Service is determined by the selected Plan in effect at the time of payment and is published on the https://povidomlyaka.com website. Settlements are made in Ukrainian hryvnia (UAH) on a prepayment basis through the plata by mono payment service.

Settlements for the Service are made exclusively by non-cash means on a prepayment basis: via the funds-transfer service (internet acquiring) plata by mono, whose acquirer is АТ «Універсал Банк», and/or by transferring funds to the Licensor's current account using the details (IBAN) through remote banking systems. The Licensor does not accept cash payments; payment terminals (POS terminals), including software terminals on a smartphone, are not used; there is no place of sale of the Service as a business unit.

Card payments with Visa and Mastercard are made with no additional fee to the cardholder. Payment card data is entered on the secure side of plata by mono using the 3-D Secure protocol; card processing complies with the PCI DSS standard and is performed by a certified acquirer (АТ «Універсал Банк»). The Licensor does not store full payment card data and does not accept payment cards directly.

The Subscription fee is a fee for the service of providing access to the Service within the scope of its functional purpose. Intellectual property rights to the Service are not transferred to or alienated in favor of the Customer, no right of sublicensing is granted, and reproduction or replication of the Service beyond its functional purpose is not permitted. Such fee does not constitute a royalty within the meaning of subclause 14.1.225 of clause 14.1 of Article 14 of the Tax Code of Ukraine.

13. Automatic Subscription renewal and recurring charges

Unless otherwise provided by the Plan, upon expiry of the paid period the Subscription is automatically renewed for a similar period at the then-current Plan rate. By making the first payment, the Customer consents to recurring automatic charges to the linked (tokenized) payment card in the amount, on the schedule, and with the frequency of the corresponding Plan, subject to sufficient funds.

The Customer may disable automatic renewal in the Personal Account or by contacting the Licensor before the date of the next charge. Disabling renewal does not affect the already-paid period.

14. Refunds

Refunds are made in accordance with the consumer protection legislation of Україна upon the Customer's request sent to hello@povidomlyaka.com. A refund request is reviewed within 14 days; the refund is issued within up to 30 days to the same payment card used for the payment, via plata by mono.

Because the Service is a digital service to which access is granted immediately upon payment, the Customer, by accepting this Offer, gives explicit prior consent to the immediate commencement of the provision of the service before the expiry of the period established by consumer protection legislation for withdrawal from a contract concluded at a distance, and confirms that it has been notified of the loss of the right to such withdrawal with respect to the service actually rendered with its consent. Funds for services actually rendered for the past period are non-refundable.

15. Documents confirming payment and provision of services

Settlements under this agreement are made exclusively through remote banking systems and/or funds-transfer services, without accepting cash and without the use of payment terminals.

Confirmation of a payment made is the receipt of the plata by mono payment service and/or the Customer's bank statement (payment instruction).

Upon the Customer's request, the Licensor provides, free of charge and in electronic form, an invoice and a statement of services rendered for the relevant billing period to the email address specified by the Customer in the Personal Account. The statement is deemed agreed by the Customer if, within 5 (five) business days from the date it is sent, the Licensor has not received reasoned written objections.

The parties recognize the legal validity of documents drawn up and sent in electronic form, in accordance with the Law of Ukraine "On Electronic Documents and Electronic Document Workflow."

16. Reference marketing and testimonials

The Licensor is entitled to reference the Customer (name, logo) as a client in its marketing materials, subject to the Customer's consent. Confirmation via messenger or email is sufficient to grant such consent — a separate signed document is not required. Consent may be withdrawn at any time in the same manner.

The Licensor is also entitled to quote and distribute reviews left by the Customer about the Service on public platforms (CRM marketplaces, Trustpilot, social media, etc.), with attribution of the source.

17. Rights and obligations of the Licensor

The Licensor undertakes to provide access to the Service in accordance with the selected Plan and to use commercially reasonable efforts to ensure its uninterrupted operation.

The Licensor is entitled to change the functionality and Plans, and to carry out scheduled technical maintenance. Suspension of the Service for scheduled maintenance (up to three consecutive days) does not constitute a breach of the agreement; in such case, the paid period is extended by the corresponding term.

18. Rights and obligations of the Customer

The Customer undertakes to use the Service in accordance with this Offer and the Terms of Use, to pay for the Subscription in a timely manner, and not to infringe the rights of third parties.

The Customer warrants that it has a lawful basis (consent) for sending messages to End Recipients and that its contact database has been compiled lawfully.

19. Warranties and disclaimers

The Service is provided "as is" and "as available." The Licensor does not warrant uninterrupted, error-free operation or that the Service will meet all of the Customer's expectations.

Message delivery depends on telecom operators and messengers (Telegram, WhatsApp, Instagram, Facebook Messenger, SMS), which are independent third parties. The Licensor does not guarantee delivery of every message and is not liable for delays, non-delivery, changes to or discontinuation of APIs, or the blocking or unavailability of the relevant platforms.

20. Limitation of liability

The Licensor's aggregate liability under this agreement is limited to the amount paid by the Customer for the Service during the three months preceding the event giving rise to liability. The Licensor is not liable for indirect damages or lost profit.

21. Indemnification

The Customer shall indemnify the Licensor for losses, fines, and expenses (including legal costs) arising from claims by third parties, regulators, or platforms due to the absence of recipient consent, the sending of prohibited content, or the Customer's violation of the rules of platforms, operators, or Altegio.

22. Confidentiality

The parties undertake not to disclose confidential information obtained in the course of performing the agreement. The processing of personal data is governed by the Privacy Policy, available at https://povidomlyaka.com.

The Customer agrees that, in order to provide the Service, the Licensor engages subcontractors and suppliers (including cloud infrastructure, messenger and SMS providers, and Altegio), and that granting them access to data to the extent necessary for the Service to operate does not constitute a breach of confidentiality. Card payments are processed by the acquirer plata by mono (АТ «Універсал Банк»), which acts as an independent controller of payment card data.

23. Processing of personal data

With respect to the personal data of End Recipients that the Customer processes through the Service, the Licensor acts as a data processor on the Customer's instructions, in accordance with the Law of Ukraine "On Personal Data Protection." The Customer is the controller of such data.

The Licensor does not use recipient data for advertising, training artificial intelligence models, or resale, and retains it only for as long as necessary to provide the Service. Retention, deletion, and request-handling procedures are set out in the Privacy Policy.

24. Force majeure

The parties are released from liability for failure to perform obligations caused by circumstances of insuperable force (force majeure), including military actions, decisions of public authorities, and accidents or failures of telecom operators and infrastructure, for the duration of such circumstances.

25. Partner program

The terms of participation in the partner (referral) program, the amount of remuneration and commissions, and the settlement procedure are the subject of a separate document to be published by the Licensor at a later date. Until its publication, partner relations are governed by a separate agreement between the parties.

26. Term, amendment of the Offer, and termination

The Offer is valid indefinitely until revoked by the Licensor. The agreement is effective from the moment of Acceptance.

The Licensor is entitled to unilaterally amend the terms of the Offer by publishing a new version at https://povidomlyaka.com/offer, without separately notifying each Customer. Continued use of the Service and/or payment after the amendments take effect constitutes the Customer's agreement with the new version.

The Customer may terminate the agreement by discontinuing use of the Service and disabling auto-renewal. The Licensor may suspend or terminate access if the Customer breaches the Offer or the Terms of Use.

27. Dispute resolution and governing law

This agreement is governed by the law of Україна. Disputes are resolved through negotiation; the party whose rights have been violated shall send a written claim, which will be reviewed within 30 days. If no agreement is reached, the dispute is resolved in court in accordance with the legislation of Україна.

28. Other provisions

The Terms of Use and the Privacy Policy are integral parts of this Offer. If any individual provision is found invalid, the remaining provisions remain in effect. The Customer may not transfer (assign) its rights and obligations under the agreement to third parties without the Licensor's consent.

The parties recognize the legal validity of electronic document workflows and actions taken in the Personal Account as equivalent to a handwritten signature, to the extent permitted by the legislation of Україна.

29. Licensor details

фізична особа-підприємець Поляков Олексій Михайлович.

Tax ID (РНОКПП): 3797501018. IBAN: UA543220010000026002380039329 (АТ «Універсал Банк»).

Taxation system: single-tax payer of the third group.

Address: Україна, Запорізька обл., місто Запоріжжя, вул. Шкільна, будинок 7, квартира 20, 69095.

Email: hello@povidomlyaka.com.