Terms of Use and Acceptable Use Policy for the "Повідомляка" service

1. General provisions and scope

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

These Terms of Use (hereinafter — the "Terms") govern the use of the "Повідомляка" service (hereinafter — the "Service") and form an integral part of the Public Offer, available at https://povidomlyaka.com/offer.

By using the Service, you (hereinafter — the "Customer") confirm that you have read these Terms and undertake to comply with them. If you do not agree, you should stop using the Service.

A list of the systems the Service integrates with, their operators, and the relevant agreements is set out at https://povidomlyaka.com/integrations. Access to data in those systems is authorized and controlled by the Customer, who may revoke it at any time.

2. Account access and security

The Customer is responsible for keeping its Personal Account credentials confidential and for all actions performed under its account.

Sharing access with third parties without the Licensor's consent is not permitted. The Customer shall immediately notify the Licensor of any unauthorized use of its account.

3. Acceptable use of the Service

The Customer shall use the Service only for lawful purposes and in accordance with these Terms, the Public Offer, and applicable law of Україна.

It is prohibited to use the Service for mailings without a lawful basis, to circumvent technical restrictions, or in any manner that infringes the rights of third parties or violates the rules of platforms and operators (Telegram, WhatsApp, Instagram, Facebook Messenger, SMS).

It is also prohibited to: probe for vulnerabilities or gain unauthorized access; generate excessive load; spoof service headers; use automated data collection (scraping); resell or transfer account access; or use the Service to build a competing product.

4. Recipient consent and lawfulness of the contact database

The Customer warrants that each End Recipient has given consent to receive messages, and that the contact database has been compiled lawfully. Consent must identify the Customer's business and meet the requirements of applicable law.

Responsibility for the existence and lawfulness of recipient consent rests solely with the Customer. The Licensor does not verify the origin of contacts and relies on the Customer's warranties.

5. Confirmation and retention of consent evidence

The Customer must retain evidence of obtaining consent (source, method, date) and provide it to the Licensor within a reasonable time upon request.

If such evidence is not provided, or if there are reasonable doubts about the lawfulness of the database, the Licensor is entitled to suspend the relevant mailings or access to the Service.

6. Opt-out from receiving messages

The Customer must promptly stop sending messages to a recipient who has opted out of receiving them (including by blocking, replying with a request to stop, or using keywords such as "STOP"), and must exclude such contact from mailings.

7. WhatsApp messaging rules

Messages sent via WhatsApp are subject to Meta's policies, including the WhatsApp Business Messaging Policy and the Commerce Policy, which are incorporated into these Terms by reference.

Business-initiated messages sent outside the 24-hour customer service window may only be sent using approved templates and strictly for their approved purpose. Misuse of templates is not permitted.

8. SMS and Telegram messaging rules

For SMS, the Customer shall comply with operator rules regarding sender name (alphanumeric sender ID) and the handling of service commands (STOP/HELP). Registration and use of the sender name shall be carried out in accordance with operator requirements.

The Customer is solely responsible for complying with operator rules and applicable law regarding mass SMS mailings (including sender name registration and content requirements), and bears the risk of messages being rejected or filtered by the operator. Delivery via SMS and Telegram is provided on a reasonable-efforts basis and depends on operators and messengers.

9. Prohibited and restricted content

It is prohibited to send messages through the Service that contain unlawful content, adult material, gambling, weapons, tobacco, narcotic substances, political campaigning, fraud or phishing, or any content prohibited by platform policies or the legislation of Україна.

Regulated categories (for example, alcohol, over-the-counter medicines) are permitted only with the relevant permits and age restrictions in place.

10. Prohibition on sending sensitive data

The Customer must not request or transmit through the Service full payment card numbers, financial account numbers, government identification document numbers, or other sensitive identifiers.

11. Anti-spam policy

Spam (mass unsolicited mailings, or mailings to unlawfully collected databases) is prohibited. The Licensor reviews spam complaints and takes action, including restricting or terminating access.

12. Moderation and quality control

The Licensor is entitled to review, moderate, and block mailings and templates that violate these Terms or platform policies.

The Customer shall maintain an adequate quality level (including WhatsApp quality rating); persistently low quality or negative feedback may result in restrictions.

13. Restrictions on the use of platform data

Recipient data received from Meta/WhatsApp (beyond the content of correspondence) may be used only to the extent necessary to exchange messages with that person. Profiling, ad targeting, training artificial intelligence models, reselling, or transferring such data is prohibited, except to permitted subprocessors.

14. Responsibility for message content

The Customer is solely and fully responsible to third parties for the content of messages sent. The Licensor acts as a technical transmission channel and does not control or endorse the content of the Customer's messages.

15. No guarantee of delivery

Message delivery is provided on a reasonable-efforts basis across the channel cascade (Telegram, WhatsApp, Instagram, Facebook Messenger, SMS) and depends on third parties. The Licensor does not guarantee delivery of every message and is not liable for delays or non-delivery due to causes beyond its control.

16. Compliance with Meta and operator policies as a condition of use

The Customer's right to use the Service is conditioned on ongoing compliance with Meta's policies (WhatsApp Business Messaging Policy, Commerce Policy, Meta Platform Terms) and the rules of operators and messengers, which are incorporated into these Terms by reference.

17. Suspension and termination for violations

The Licensor is entitled to restrict, suspend, or terminate access to the Service in the event of a violation of these Terms, platform policies, or persistently low mailing quality, without any guarantee of prior remediation.

The Customer acknowledges that third-party platforms may independently and conclusively impose sanctions for violations of their policies — for example, Meta may block an account within its products, Telegram may block a number or account, and telecom operators may block an SMS sender name. The Licensor is not responsible for such decisions.

18. Changes to the Terms

The Licensor may amend these Terms by publishing a new version at https://povidomlyaka.com/terms. Continued use of the Service after amendments take effect constitutes the Customer's agreement with them.

19. Contact and complaint handling

Inquiries, requests, and complaints shall be sent to hello@povidomlyaka.com. The Licensor reviews them within a reasonable time in accordance with the legislation of Україна.