Public Offer (Terms of Use of the Evimarko service)

This document is an official public proposal (offer) by [details to be provided] (hereinafter, the “Provider”, “we”) to conclude an agreement for the provision of access to the Evimarko software service on the terms set out below (hereinafter, the “Agreement”, the “Terms”). The Agreement is a public contract and a contract of adhesion in accordance with Articles 633, 634 and 641 of the Civil Code of Ukraine (hereinafter, the CCU) and is concluded in electronic form pursuant to the Law of Ukraine “On Electronic Commerce”.

1. Definitions

1. Service — the Evimarko software product (a CRM for the automotive business and related niches), available at evimarko.com and its subdomains, including the web interface, mobile version, API, online booking pages, studio websites, the catalog and the Market.
2. User (also the “Studio”, “you”) — an individual entrepreneur or legal entity that has registered an account in the Service and accepted these Terms, as well as persons to whom the User has granted access (employees).
3. User’s Clients — individuals and legal entities whose data the User enters into the Service or who book with the User through the Service.
4. Plan — the scope of functions and term of access to the Service paid for by the User, according to the prices published on the Service’s website.
5. User Data — any information that the User or its employees enter into the Service (including Clients’ data, photos, documents, correspondence).

2. Subject matter of the Agreement

1. The Provider grants the User, for a fee (or free of charge during the trial period), access to the Service on a “software as a service” (SaaS) basis and a non-exclusive, non-transferable, revocable licence to use the Service via the internet for the term of the paid Plan, worldwide, solely for the User’s internal business activities.
2. The Service is provided for the purpose of carrying on business activities. By accepting the Terms, the User confirms that it acts as a business entity and not as a consumer, and therefore consumer protection legislation does not apply to the relationship between the parties.
3. The set of functions of the Service may be changed by the Provider as part of product development. The Provider is not obliged to develop functions at the User’s request.
4. The Privacy Policy and the Personal Data Processing Agreement form integral parts of the Agreement. A separate Market Offer applies to shops, and the Catalog Rules apply to the catalog.

3. Acceptance and conclusion of the Agreement

1. Full and unconditional acceptance of this offer in accordance with Article 642 of the CCU is any of the following actions: registering an account and ticking the box confirming consent to the Terms; paying for a Plan; actual use of the Service.
2. The Agreement is deemed concluded in written (electronic) form from the moment of acceptance. Pursuant to Articles 11 and 12 of the Law of Ukraine “On Electronic Commerce”, an electronic mark of consent (clicking a button, ticking a box) is equivalent to signing the agreement. The fact, time, IP address and version of the accepted Terms are recorded in the Service’s electronic log, the entries of which the parties recognise as proper evidence.
3. A person accepting on behalf of a legal entity or a sole proprietor (FOP) warrants that they are authorised to do so. Only a person with full legal capacity who has reached the age of 18 may be a User.
4. The Service is not provided to citizens and residents of the aggressor state (the russian federation) and the republic of belarus, to persons subject to sanctions of Ukraine, the EU, the USA or the United Kingdom, or for activities in the temporarily occupied territories. The Provider has the right to terminate access for such persons without a refund.

4. Trial period, plans and payment

1. After registration, the User receives a free trial period of 7 days. No bank card is required for the trial period.
2. Plan prices are published on the Service’s website. Payment is made on a 100% prepayment basis for the selected term (a month, several months, a year) through the payment services connected to the Service (in particular, monobank, LiqPay, Heleket) or against an invoice.
3. There are no automatic charges. The Provider does not store payment card data and does not debit funds without a separate action by the User. The User pays for each subsequent period independently.
4. If the Provider is not a VAT payer, prices are stated exclusive of VAT. Fees of banks and payment services and exchange rate differences are borne by the User. Payment obligations are deemed fulfilled from the moment the funds are credited to the Provider’s account (confirmation from the payment service).
5. After the paid or trial period expires, the Service switches to “view only” mode: data remains visible but cannot be changed until the next period has been paid for.
6. The Provider has the right to change prices by notifying the User no later than 14 calendar days before the changes take effect (in the Service and/or by email). The price of a period already paid for does not change.
7. Refunds. Funds are refunded only for an unused full paid period (a full month that has not yet begun), upon the User’s written request sent to the Provider’s email, within 14 banking days, by the same method by which payment was made. Fees for the current (commenced) period, a partially used period, as well as for the trial period and discounts are non-refundable. If the Agreement is terminated due to the User’s breach of these Terms, no refund is made.

5. Rights and obligations of the Provider

1. The Provider undertakes to: provide access to the Service to the extent paid for; take reasonable organisational and technical measures to protect User Data; provide technical support through the channels specified in the Service; notify of material changes to the Terms.
2. The Provider has the right to: carry out scheduled and unscheduled maintenance (with prior notice where possible); change, add or remove functions; engage third parties (hosting, mailing, payment services) to provide the Service; collect depersonalised (anonymised) usage statistics to improve the Service; suspend access in the cases provided for in Section 10.

6. Rights and obligations of the User

1. The User undertakes to: provide accurate data during registration; keep passwords and access codes secret and be responsible for all actions performed from its account and the accounts of its employees; pay for the Plan on time; comply with the law, in particular in the areas of personal data protection, advertising, electronic communications and consumer protection in its relations with its Clients.
2. The User is the controller of its Clients’ personal data and independently ensures a lawful basis for its processing (in particular, obtaining consents, informing Clients, complying with mailing rules) — see the Data Processing Agreement for details.
3. The User is solely responsible for the content of messages, documents, estimates, warranties, prices and websites it creates using the Service, as well as for its relations with its Clients. The Provider is not a party to agreements between the User and its Clients.
4. The User is advised to export important data regularly (export is available in the Service).

7. Prohibited use

The User is prohibited from:

1. copying, reproducing, modifying, decompiling, disassembling or reverse engineering the Service or any part of it, except where expressly permitted by mandatory rules of law;
2. using the Service, its interface, texts, templates, vehicle diagrams, data or access to it to create a competing product or for analysis for that purpose;
3. automated data collection (scraping), load testing, attempts at unauthorised access, or circumventing Plan limits or security measures;
4. reselling, renting out or sublicensing access to the Service to third parties without the Provider’s written consent;
5. posting or sending through the Service spam, unsolicited advertising messages, malware, unlawful, false or offensive content, content infringing the rights of third parties, or fake reviews;
6. processing personal data through the Service without a lawful basis, as well as special categories of data (on health, religious beliefs, etc.) unless this is necessary and lawful;
7. using the Service for activities prohibited by the legislation of Ukraine or by sanctions.

8. Intellectual property

1. All economic intellectual property rights in the Service — software code, databases (other than User Data), design, interface, texts, service and document templates, vehicle diagrams and images, logos, the Evimarko name, documentation — belong to the Provider or are used by it lawfully. The Agreement does not transfer any rights to the User other than the licence expressly defined in clause 2.1.
2. User Data belongs to the User. The User grants the Provider a non-exclusive, royalty-free right to process User Data solely to the extent necessary to provide the Service, make backups, provide support and comply with legal requirements.
3. By posting materials in the Service (logos, photos, texts for the studio website or the catalog), the User warrants that it holds the rights to them and permits the Provider to display them within the functions of the Service (studio website, catalog, online booking).
4. The Provider may use suggestions and feedback regarding the Service provided by the User without restriction and without remuneration.

9. Limitation of liability

1. The Service is provided “as is” and “as available”. The Provider does not guarantee that the Service will operate uninterrupted or error-free, meet the User’s specific expectations or be compatible with any equipment or software. Calculations (profit, salaries, warehouse stock, tax figures) are for reference only: the User shall verify them independently before using them in reporting.
2. The Provider is not liable for: lost profits, lost revenue, clients or reputation, indirect and consequential losses; acts or omissions of third parties, in particular messengers and social networks (Telegram, Viber, Meta — WhatsApp, Instagram, Facebook), telecommunications and SMS operators, banks and payment services, hosting providers, fiscalisation services, delivery services; changes in rules or blocking by such third parties; failures of the internet or of the User’s equipment; consequences of the User losing passwords; the content of User Data and the lawfulness of its collection.
3. The Provider’s aggregate liability under the Agreement for any claims is limited to the amount actually paid by the User for the Service for the last calendar month preceding the event giving rise to the claim. During the trial (free) period, the Provider’s liability is limited to zero, to the extent permitted by law.
4. The limitations in this Section do not apply to the extent that the law prohibits limitation of liability (in particular, for intentional breach).
5. The User shall indemnify the Provider for losses and expenses (including legal costs) caused by claims of third parties, in particular the User’s Clients or public authorities, if they arose from the User’s breach of these Terms, the Data Processing Agreement or the law.

10. Suspension and termination of access

1. The Provider has the right to suspend access to the Service (in whole or in part) without notice in the event of: breach of Section 7; a threat to the security of the Service or other users; a demand from an authorised public authority; non-payment; signs of fraud. The Provider shall inform the User of the reason unless prohibited by law.
2. The User may stop using the Service at any time and request deletion of the account by writing to the Provider’s email.
3. The Provider may terminate the Agreement unilaterally: in the event of a material or repeated breach of the Terms — from the moment of notification; without giving reasons — with 30 days’ notice and a refund of fees for the unused paid period.
4. If the Plan remains unpaid for more than 6 consecutive months after the end of the paid period, the Provider may terminate the Agreement upon giving the User at least 14 days’ prior notice.

11. Data retention after termination

1. After termination of the Agreement, User Data is retained for a further 30 calendar days, during which the User may request its export (in common formats).
2. After this period expires, User Data is irreversibly deleted. Backups are overwritten on a rolling basis and deleted within the following 30 days. The Provider may retain data for longer only to the extent required by law (for example, accounting documents on payments, the consent log) or to defend against claims until the limitation period expires.
3. The Provider is not liable for the loss of data that the User did not export within the period specified in clause 11.1.

12. Force majeure

1. The parties are released from liability for non-performance or improper performance of obligations if it is caused by circumstances of insuperable force (force majeure), in particular: the military aggression of the russian federation, martial law, hostilities, missile and drone attacks, cyberattacks, power outages, disruptions of communication networks and the internet, actions or decisions of public authorities, fires, natural disasters, epidemics, and failures of data centres and hosting providers beyond the parties’ control.
2. Martial law in Ukraine has been certified by the Ukrainian Chamber of Commerce and Industry as a force majeure circumstance. A separate certificate of the Chamber of Commerce and Industry is not required for each individual failure if the circumstance is a matter of common knowledge.
3. For the duration of force majeure, the time limits for performing obligations are extended. Plan fees for the force majeure period are non-refundable, except where the Service was completely unavailable for more than 30 consecutive days — in which case the Plan term is extended by the corresponding number of days.

13. Confidentiality and personal data

Personal data is processed in accordance with the Privacy Policy, the Law of Ukraine “On Personal Data Protection” and, where applicable, Regulation (EU) 2016/679 (GDPR). With respect to the data of the User’s Clients, the Provider acts as a processor under the Data Processing Agreement. The Service’s servers are located in the European Union (Poland).

14. Amendments to the Terms

1. The Provider has the right to amend the Terms by publishing a new version on the Service’s website, indicating the date of the version.
2. The User is notified of material changes in the Service (the “Terms updated” window) and/or by email. Continued use of the Service after the changes take effect, or clicking “Accept”, constitutes consent to the new version. If the User does not agree with the changes, it has the right to stop using the Service in accordance with clause 10.2.

15. Governing law and dispute resolution

1. The Agreement is governed by the law of Ukraine.
2. The parties shall resolve disputes through negotiations. The pre-trial procedure is mandatory: a party sends a written claim to the other party’s email, which is considered within 30 calendar days.
3. If the dispute is not settled, it shall be heard by the competent court of Ukraine at the Provider’s location, unless otherwise established by mandatory rules of procedural law.

16. Miscellaneous

1. Notices under the Agreement are sent to the email address provided during registration (for the User) and to the Provider’s email specified below, or within the Service interface. A notice is deemed received on the day following its dispatch.
2. The Provider may assign its rights and obligations under the Agreement to a successor or to another person who continues to provide the Service, upon notifying the User.
3. The invalidity of any individual provision does not affect the validity of the other provisions of the Agreement.
4. The Agreement is made in the Ukrainian language; translations into other languages are provided for convenience. In the event of any discrepancy, the Ukrainian version shall prevail.
5. The Agreement is valid for an indefinite period until terminated by either party.

17. Provider’s details and contacts

[details to be provided]
Individual tax number (RNOKPP) / EDRPOU code: [details to be provided]
Address: [details to be provided]
Email: [email protected]
Phone: [details to be provided]