Public Offer Agreement

Translation from Ukrainian. Provided for information only. In case of any discrepancy, the Ukrainian text prevails (clause 14.1 of the Agreement).

on services providing access to the “Stolik POS” cloud service (stolik.top)

Vitalii Mykolaiovych Sipitin, individual entrepreneur, is registered under the law of Ukraine. His record number in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations is 2004800010007048993. His taxpayer registration card number is 2605412174. He acts on the basis of the information entered in the Unified State Register and is a single-tax payer of the second group. He is referred to below as “the Provider”. Under Articles 633, 641 and 642 of the Civil Code of Ukraine and Articles 6, 7 and 11 of the Law of Ukraine “On Electronic Commerce”, he offers to conclude this public offer agreement (“the Agreement”). The Agreement covers services providing access to “Stolik POS”, a cloud service for automating food-service establishments, located at stolik.top, on the terms set out below.

This Offer is addressed to individual entrepreneurs that are single-tax payers and to natural persons who are not business entities. The Service is not supplied to legal entities — the grounds are set out in clause 4.6 of this Agreement. A person who has fully and unconditionally accepted the terms of this Offer becomes “the Customer”. The Provider and the Customer together are called “the Parties”, and each separately “a Party”.

The Service is intended primarily for use in the Customer's business activity. By accepting this Agreement, a Customer that is an individual entrepreneur confirms that it is ordering the services for purposes connected with carrying out business activity. If the Customer is a natural person who is not a business entity, section 11 of this Agreement additionally applies to the relations between the Parties.

1. Terms and definitions

1.1. Service means the “Stolik POS” software. The Provider gives access to its features under the SaaS (Software as a Service) model over the Internet at stolik.top. The software is designed to automate the accounting and management of the activity of food-service establishments (bars, cafes and so on).

1.2. Offer means this public agreement, published on the Internet at stolik.top/legal/offer/en (or at another address stated by the Provider on the stolik.top website).

1.3. Acceptance means the Customer's full and unconditional acceptance of the terms of the Offer by taking the actions set out in section 3 of this Agreement.

1.4. Customer means an individual entrepreneur that is a single-tax payer under Chapter 1 of Section XIV of the Tax Code of Ukraine, or a natural person who is not a business entity, and who has accepted the terms of this Offer.

1.5. Personal Account means the part of the Service that the Customer accesses after registration, using a login and password, a Google account or the Telegram service. In the Personal Account the Customer manages its account and receives the Provider's notices.

1.6. Subscription Plan means the list of Service features and the price of access to them for a given period, as set by the Provider and published on the stolik.top website.

1.7. Customer Data means any information that the Customer, or persons to whom the Customer has given access to the Personal Account, enter into the Service while using it. This includes accounting, product and financial data, and also personal data of third parties.

1.8. Accompanying Documents means the Terms of Service, the Privacy Policy and the Cookie Policy published at stolik.top/legal/en. The Accompanying Documents form integral parts of this Agreement.

2. Subject of the Agreement

2.1. The Provider must supply the Customer with services giving access to the features of the Service over the Internet, within the scope of the chosen Subscription Plan. The Customer must accept and pay for those services in the manner and within the time limits set by this Agreement.

2.2. The Parties confirm that the payment under this Agreement is payment for services. It is not a royalty within the meaning of subparagraph 14.1.225 of paragraph 14.1 of Article 14 of the Tax Code of Ukraine, because the Customer does not acquire rights to use an object of intellectual property. The Customer receives access to the features of the Service with a limited functional purpose defined by the Subscription Plan.

2.3. The list of Service features, the prices of Subscription Plans and the periods of access are set out on the stolik.top website and form an integral part of this Agreement.

2.4. The Provider is not a seller of goods or a manufacturer of the Customer's products. The Service is an accounting and management tool. The Provider is not responsible for the Customer's business activity carried out using the Service, nor for the Customer's compliance with the law on food service, on the circulation of excisable goods, on the use of cash registers and on tax accounting.

2.5. The Service is not a means of fiscalising settlement transactions. The Provider does not supply cash registers (RRO) or software cash registers (PRRO) and does not provide fiscal reporting. The Customer is responsible for complying with the law on the use of cash registers.

3. Procedure for concluding the Agreement

3.1. The Agreement is considered concluded in the manner set out in Articles 11 and 12 of the Law of Ukraine “On Electronic Commerce” and Articles 633, 641 and 642 of the Civil Code of Ukraine, from the moment the Customer accepts the terms of this Offer.

3.2. Acceptance takes place by:

3.2.1. completing the registration procedure in the Service and providing accurate data; and/or

3.2.2. ticking the box confirming agreement with the terms of the Offer; and/or

3.2.3. paying for access to the Service.

The Agreement is considered concluded from the moment of whichever of these actions happened first.

3.3. By concluding this Agreement, the Customer confirms that it has read and fully agrees with the Agreement's terms and with the Accompanying Documents.

3.4. The Provider records and keeps information about the Acceptance: the date and time of the actions set out in clause 3.2, the Customer's e-mail address, and the versions of the Agreement and of the Accompanying Documents in force at the moment of Acceptance, together with their checksums. This information is evidence that the Agreement was concluded on those terms.

3.5. If the Customer does not agree with the terms of this Agreement, the Customer must not take the actions set out in clause 3.2 and must stop using the Service.

4. Rights and obligations of the Parties

4.1. The Provider must:

4.1.1. provide the technical ability to use the Service in line with the chosen Subscription Plan;

4.1.2. take reasonable and economically justified measures to keep the Service running;

4.1.3. notify the Customer of planned technical work through the Personal Account or on the stolik.top website, where this is technically possible;

4.1.4. comply with the requirements of section 10 of this Agreement on confidentiality and personal data protection;

4.1.5. provide the technical ability to export Customer Data in machine-readable format through the Personal Account throughout the term of the Agreement and the periods set by clause 10.10.

4.2. The Provider may:

4.2.1. develop and change the features and interface of the Service;

4.2.2. change Subscription Plans, after giving the Customer notice at least 14 (fourteen) calendar days in advance through the Personal Account and/or on the stolik.top website. Changed Subscription Plans do not apply to a period the Customer has already paid for: until that period ends, the price in force on the date of payment applies;

4.2.3. temporarily suspend access to the Service to carry out technical work;

4.2.4. suspend the supply of services if payment is not made, under clause 5.9 of this Agreement;

4.2.5. engage third parties to supply services under this Agreement, under clauses 10.2 and 10.6 of this Agreement.

4.3. The Customer must:

4.3.1. provide accurate data during registration and keep it up to date;

4.3.2. pay for the services on time in line with the chosen Subscription Plan;

4.3.3. not use the Service in a way that breaches the law of Ukraine or the rights of third parties;

4.3.4. keep its login credentials confidential (login, password, access through Telegram) and bear the risk of the consequences of disclosing them;

4.3.5. comply with the restrictions set out in section 7 of this Agreement.

4.4. The Customer may:

4.4.1. access the features of the Service within the scope of the chosen Subscription Plan;

4.4.2. contact the Provider on technical support matters using the contact details given in section 15 of this Agreement;

4.4.3. export Customer Data using the tools of the Service at any time;

4.4.4. withdraw from the Agreement in the manner set out in section 6 of this Agreement;

4.4.5. delete an individual venue or the entire account without assistance, using the Personal Account, in the manner set out in clause 10.10 of this Agreement.

4.5. By accepting this Agreement, a Customer that is an individual entrepreneur confirms and warrants that it is a single-tax payer under Chapter 1 of Section XIV of the Tax Code of Ukraine. Such a Customer must notify the Provider in writing within 3 (three) working days if it loses single-tax payer status or moves to the general taxation system.

4.6. The Parties understand that the Provider is a single-tax payer of the second group. Under paragraph 291.4 of Article 291 of the Tax Code of Ukraine, the Provider may supply services only to single-tax payers and to natural persons who are not business entities. Given that restriction, the Provider supplies the Service only to individual entrepreneurs that are single-tax payers and to natural persons who are not business entities. The Service is not supplied to legal entities, to business entities on the general taxation system, to non-residents of Ukraine, to budget-funded institutions or to financial institutions. If such a person concludes the Agreement contrary to this clause, the Agreement is subject to unilateral termination by the Provider from the moment the Provider discovers that fact, and the money paid is returned less the value of the services actually supplied, calculated under clause 5.8.

4.7. If the Customer gives inaccurate information about its tax status, or fails to perform the obligation set out in clause 4.5, the Customer must reimburse the Provider for the amounts of additionally assessed taxes, penalties and late-payment interest applied to the Provider because of that breach, within 10 (ten) banking days from receiving a corresponding demand with documentary proof.

5. Price of the services and payment procedure

5.1. The price of the services is set by the Subscription Plan chosen by the Customer, as published on the stolik.top website at the time of payment. Payments under this Agreement are made in the national currency of Ukraine, the hryvnia (UAH).

5.2. The Customer pays for the services by non-cash payment, as 100 % advance payment for the chosen period: by transferring funds to the Provider's current account using the details given in the invoice, which is provided on request through the Personal Account or at support@stolik.top, or by payment card through a payment service connected to the Service.

5.3. The Customer's payment card details are entered on a secure page of a payment service certified to the PCI DSS security standard. They are not passed to the Provider and are not stored by the Provider.

5.4. The Provider works under the simplified taxation system (second group of the single tax). Under paragraph 297.1 of Article 297 of the Tax Code of Ukraine, the Provider is not a value added tax payer. The price of the services is not subject to value added tax.

5.5. The date of payment is the date the funds are credited to the Provider's account. Access to the Service in the chosen scope is activated or extended within 1 (one) working day from the moment payment arrives.

5.6. The services are considered properly supplied and fully accepted by the Customer at the end of each paid period, if within 10 (ten) working days after that period ends the Customer has not given the Provider written reasoned objections. No certificate of services supplied is drawn up, except in the case set out in clause 5.7. This clause does not apply to a Customer that is a natural person who is not a business entity (clause 11.4).

5.7. The Provider draws up a certificate of services supplied at the written request of the Customer, sent through the Personal Account or to the Provider's e-mail address. The request must state the Customer's name (surname, first name and patronymic), its tax number and its taxation system. The certificate is created in electronic form and sent to the Customer within 5 (five) working days from the date the request is received. The Provider may refuse to draw up a certificate for a Customer who does not meet the requirements of clause 4.6.

5.8. If the Customer withdraws from the Agreement early, the money for full unused calendar months of the paid period is returned to the Customer within 10 (ten) banking days from the date the corresponding application is received. The value of the services actually supplied is not refunded. The money is returned by the same method used to make the payment, unless the Parties agree otherwise.

A confirmed request to delete the account, submitted by the Customer through the Personal Account, also counts as an application to withdraw from the Agreement early. In that case the refund period runs from the day the data is finally deleted under clause 10.10 of this Agreement. If the Customer cancels the deletion before that period expires, the withdrawal is considered revoked and no refund is due.

If payment was made for a period longer than one month with a discount provided by the Subscription Plan for that period, the value of the services actually supplied is calculated on the basis of the price of the monthly Subscription Plan without that discount, as in force on the date of payment. The difference between the amount paid and the value of the services actually supplied, calculated in that way, is refunded, but not more than the amount paid.

5.9. If payment for the next period is not made, the Provider may suspend the Customer's access to the Service. Customer Data is kept for the period set by clause 10.10 of this Agreement.

6. Term, amendment and termination of the Agreement

6.1. The Agreement takes effect from the moment of Acceptance and is valid for the paid period. The Agreement is automatically extended for each following period if the Customer pays for that period. The Provider does not charge any amount automatically without a separate instruction from the Customer.

6.2. The Provider may amend the terms of this Agreement by publishing a new version at stolik.top/legal/offer/en. The Provider notifies the Customer of amendments at least 14 (fourteen) calendar days before they take effect, through the Personal Account and/or to the Customer's e-mail address. The notice separately lists the changes. If the Customer continues to use the Service after the amendments take effect, this counts as the Customer's agreement with the new version of the Agreement.

6.3. If the Customer does not agree with the amendments, the Customer may terminate the Agreement before they take effect by notifying the Provider through the Personal Account or at the e-mail address given in section 15. In that case the money for the unused paid period is returned in the manner set out in clause 5.8. Until the amendments take effect, the previous version of the Agreement applies. Amendments have no retroactive effect and do not apply to relations that arose before they took effect.

6.4. The Provider keeps an archive of all versions of this Agreement and of the Accompanying Documents. Each version is published at a permanent address that does not change when the next version appears, and is accompanied by the SHA-256 checksum of the source file. Previously published versions are never edited. At the Customer's request the Provider supplies the version in force on the date of Acceptance or on the date of the disputed legal relations. The archive of versions and the checksums are evidence of the content of the document on the relevant date.

6.5. The Customer may terminate this Agreement unilaterally at any time by notifying the Provider through the Personal Account or at the e-mail address given in section 15, and stopping use of the Service. A confirmed request to delete the account, submitted through the Personal Account, constitutes such a notice.

6.6. The Provider may terminate this Agreement unilaterally if the Customer breaches the terms of this Agreement systematically (two or more times), by notifying the Customer at least 10 (ten) calendar days in advance through the Personal Account or at the e-mail address the Customer gave during registration.

6.7. The Provider may immediately, without advance notice, suspend the Customer's access to the Service and/or terminate the Agreement if there is:

6.7.1. use of the Service to carry out actions that breach the law of Ukraine;

6.7.2. action aimed at disrupting the Service, at gaining unauthorised access to it or at gaining access to other customers' data;

6.7.3. a breach of the restrictions set out in section 7 of this Agreement;

6.7.4. a demand received from a competent state authority.

The Provider notifies the Customer of the measures taken within 1 (one) working day after they are applied.

6.8. Termination of the Agreement does not release the Parties from performing obligations that arose before that termination. The consequences of termination for Customer Data are set by clause 10.10.

7. Intellectual property rights

7.1. All economic intellectual property rights in the Service, its program code, structure, databases, interface, design, graphic elements, the “Stolik POS” trade mark, the stolik.top domain name, the documentation and any of their parts belong to the Provider. This Agreement does not transfer any economic intellectual property rights in the Service to the Customer.

7.2. As the maker of the database, the Provider holds the sui generis right in the databases created within the Service under Article 21 of the Law of Ukraine “On Copyright and Related Rights”. Extraction and/or re-utilisation of a substantial part of the contents of those databases, and repeated and systematic extraction or re-utilisation of insubstantial parts contrary to the normal use of the database, are prohibited.

7.3. The Customer may use the Service only for its functional purpose and within the chosen Subscription Plan.

7.4. The Customer must not:

7.4.1. copy, reproduce, modify, decompile or disassemble the Service, or attempt to obtain its source code — except in the cases of free use expressly provided by Article 25 of the Law of Ukraine “On Copyright and Related Rights”;

7.4.2. create derivative products based on the Service;

7.4.3. circumvent or disable technical protection measures and feature restrictions;

7.4.4. carry out automated collection of data from the Service (including by means of robot programs, parsers or scripts), except by using interfaces expressly provided by the Provider and within the limits set for them;

7.4.5. use the Service, or information obtained while using it, to develop, promote or supply a competing product.

7.5. The Customer must not give access to the Personal Account to third parties, make the Service available for use by third parties, sublicense it, lease it, resell access or supply services to third parties using the Service without the Provider's prior written consent. The Customer may give access to the Personal Account to its employees and to persons it engages under contract, within the number of users allowed by the Subscription Plan, and remains responsible for their actions as for its own.

7.6. Customer Data entered into the Service remains the property of the Customer. The Provider does not acquire rights to that data and uses it only to supply services under this Agreement, to give technical support and to make backups, and in anonymised and aggregated form to analyse and improve the operation of the Service.

7.7. By placing images, texts, logos and other materials in the Service, the Customer grants the Provider a non-exclusive, royalty-free licence to reproduce, store, adapt (including resizing and reformatting) and publicly display them solely within the operation of the Service — for display in the menu, in the guest portal, in receipts and notifications. The licence lasts for the term of the Agreement and ends when the relevant materials are deleted from the Service. The Customer warrants that it holds all rights in those materials and is solely responsible for third-party claims regarding them.

7.8. If the Customer breaches the restrictions set out in this section, the Provider may immediately suspend access to the Service under clause 6.7 and claim compensation in full for the losses caused.

8. Liability of the Parties

8.1. For failure to perform or improper performance of obligations under this Agreement, the Parties are liable under the current law of Ukraine and the terms of this Agreement.

8.2. The Provider is not liable for:

8.2.1. losses caused by inability to use the Service for reasons beyond the Provider's control (the Customer having no Internet access or unstable Internet access, power cuts, faults in the Customer's equipment, actions of third parties, failures of hosting providers, payment systems, Telegram services or other engaged services, force majeure);

8.2.2. loss of or damage to Customer Data caused by the actions of the Customer itself or of persons to whom it gave access to the Personal Account, including as a result of their disclosure of login credentials;

8.2.3. the circumstances set out in clause 10.8 of this Agreement;

8.2.4. decisions taken by the Customer on the basis of data obtained using the Service;

8.2.5. the content, accuracy and completeness of recommendations generated by the artificial intelligence tools built into the Service, which are for reference only.

8.3. The Service is supplied “as is”. The Provider does not guarantee that the Service will meet the Customer's subjective expectations, that it will work without interruption or errors, or that it will be compatible with all of the Customer's hardware and software. The Provider does not offer a guaranteed level of Service availability (SLA), unless a separate written agreement between the Parties expressly provides otherwise.

8.4. The Provider's total liability for any claims arising from this Agreement or connected with it is limited to the amount the Customer actually paid for the services for the last paid billing period. Under no circumstances does the Provider compensate lost profit, lost income, reputational harm or indirect losses. The limits set by this clause do not apply where the Provider causes harm intentionally or through gross negligence, or where limiting liability is prohibited by law. In relation to a Customer that is a natural person who is not a business entity, this clause applies subject to clause 11.3.

8.5. The Customer is fully liable for the actions of persons to whom it gave access to the Personal Account, as for its own actions.

8.6. If the features of the Service are substantially reduced during a paid period, so that the Customer loses access to a feature provided by its Subscription Plan as at the date of payment, the Customer may withdraw from the Agreement with a refund under clause 5.8.

9. Force majeure

9.1. The Parties are released from liability for partial or complete failure to perform obligations under this Agreement if that failure results from force majeure that arose after the Agreement was concluded and that the Parties could not prevent by reasonable measures, including in particular:

9.1.1. armed aggression, military action, a state of emergency or martial law, missile strikes and their consequences;

9.1.2. emergency power cuts and damage to critical infrastructure facilities, accidents in power supply and telecommunications systems;

9.1.3. decisions of state authorities, epidemics, natural disasters.

9.2. The Party affected by force majeure notifies the other Party within a reasonable time from the moment this becomes possible.

9.3. Force majeure is confirmed by a certificate of the Ukrainian Chamber of Commerce and Industry or by another document issued by an authorised body. No extra confirmation is needed for widely known circumstances, or for circumstances confirmed by official announcements of state authorities or of electricity distribution system operators.

10. Confidentiality and personal data protection

10.1. By registering in the Service, the Customer gives the Provider consent to process the Customer's personal data under the Law of Ukraine “On Personal Data Protection” No. 2297-VI of 01.06.2010, for the purposes of keeping the Service running, performing this Agreement, keeping accounting and tax records, giving technical support, and informing the Customer about the operation of the Service.

10.2. The Customer is informed of and agrees that, to supply services under this Agreement, the Provider engages suppliers of cloud infrastructure, hosting, messaging services (including Telegram), payment services and artificial intelligence services, whose equipment may be located outside Ukraine. The Customer consents to cross-border transfer of its personal data to those suppliers to the extent needed for the Service to work. The current list of engaged suppliers, with the country where each is located, is given in the Privacy Policy.

10.3. The Provider must not disclose or pass the Customer's personal data and other confidential information to third parties, except: in the cases set out in clauses 10.2 and 10.6; in the cases set out in the law of Ukraine; where the Customer has given separate consent.

10.4. The terms for processing personal data and using cookies are set out in detail in the Privacy Policy and the Cookie Policy published at stolik.top/legal/en, which form integral parts of this Agreement.

10.5. The Parties agree that, for the personal data of visitors, clients, employees and other third parties that the Customer itself collects, enters into the Service or processes using the Service (including names, telephone numbers, e-mail addresses, messenger identifiers and order history), the Customer is the controller of that personal data within the meaning of the Law of Ukraine “On Personal Data Protection”, and the Provider is only the processor, which processes that data on the Customer's instructions and within the limits of those instructions. The Provider does not determine the purpose, scope or grounds for collecting that data and does not enter into separate legal relations with the persons the data concerns.

10.6. Instruction to process personal data. By accepting this Agreement, the Customer, as the controller of personal data, instructs the Provider, as the processor, to process the personal data referred to in clause 10.5 on the terms below. This clause is a contract on instructing the processing of personal data within the meaning of parts four and five of Article 4 of the Law of Ukraine “On Personal Data Protection”, concluded in written form under Article 11 of the Law of Ukraine “On Electronic Commerce”.

10.6.1. Purpose of processing: keeping the Service running for the Customer, namely receiving, storing and displaying orders; keeping records of staff and settlements with them; producing reports and analytics for the Customer; sending receipts and notifications to guests and staff through the channels the Customer has chosen; providing technical support, backups and the security of the Service.

10.6.2. Scope of processing: the categories of personal data listed in the Privacy Policy, in the composition determined by the Service settings the Customer has chosen.

10.6.3. Permitted operations: collection, accumulation, storage, adaptation, alteration, updating, use, dissemination by transfer to the contractors listed in the Privacy Policy, anonymisation, deletion and destruction.

10.6.4. Term of processing: the term of this Agreement and the subsequent retention periods set by clause 10.10 of this Agreement and by the Privacy Policy.

10.6.5. The Provider undertakes to: process that data solely within this instruction and the Customer's instructions; ensure the confidentiality of the data, including by imposing a duty of non-disclosure on persons who obtain access to it; take protective measures under Article 24 of the Law of Ukraine “On Personal Data Protection”; assist the Customer in handling requests from data subjects and in replying to enquiries from the Ukrainian Parliament Commissioner for Human Rights; notify the Customer of an incident under clause 10.12; and, after the Agreement ends, delete that data within the periods set by clause 10.10.

10.6.6. Sub-processors. The Customer gives the Provider general consent to engage sub-processors — the contractors listed, with their function and country, in the Privacy Policy. The Provider gives notice of engaging a new sub-processor in the manner set out in clause 6.2 of this Agreement, at least 14 (fourteen) calendar days before processing begins. The Provider is liable for the acts of the sub-processors it engages as for its own.

10.6.7. Anonymised data. The Provider's processing of anonymised and aggregated data, from which no particular person or individual venue can be identified, for the purposes of analysing and improving the Service, is carried out with the Customer's consent given by accepting this Agreement, and is not processing of personal data.

10.7. The Customer is solely and fully responsible for:

10.7.1. having legal grounds to collect and process the personal data of third parties, including its own employees and visitors, and for obtaining their consent to processing — including consent to cross-border transfer of that data to the Provider's contractors whose equipment is located outside Ukraine, as listed in the Privacy Policy — and for informing those persons of their rights;

10.7.2. the accuracy, currency and lawfulness of the data entered into the Service;

10.7.3. compliance with the law on personal data protection, on advertising and on electronic communications when using such data, including when sending mailings.

10.8. The Provider is not liable to the Customer, to the persons the personal data concerns, or to any third parties for:

10.8.1. the composition, content and lawfulness of the data collected by the Customer;

10.8.2. disclosure, loss, destruction, distortion or publication of such data resulting from the acts or omissions of the Customer itself, its employees or other persons to whom the Customer gave access to the Personal Account;

10.8.3. the Customer's transfer of data to third parties;

10.8.4. the Customer's use of data after this Agreement ends or outside the Service, including by exporting, copying or backing up that data.

10.9. If third parties or state authorities bring complaints, lawsuits or demands against the Provider connected with the Customer's breach of the law on personal data protection or of clauses 10.5–10.8 of this Agreement, including the obligation under clause 10.7.1, the Customer must settle those demands itself, by its own means and at its own expense, and reimburse the Provider for documented losses, including the amounts of penalties applied to the Provider.

10.10. Retention and deletion of Customer Data.

After this Agreement ends, or after access is suspended because payment was not made, the Provider keeps Customer Data for 90 (ninety) calendar days. During that period the Customer may export its data in machine-readable format through the Personal Account or ask the Provider for such an export. After that period expires, the Provider may delete Customer Data with no possibility of recovery.

If the Customer has deleted its account or an individual venue without assistance, using the Personal Account, Customer Data is kept for 7 (seven) calendar days from the moment the Customer confirms the deletion request in the manner set out in the Terms of Service. During that period the Customer may cancel the deletion through the Personal Account and export its data; the Provider ensures that export is technically possible throughout that period. After that period expires, Customer Data is deleted with no possibility of recovery, and the ninety-day period set by the first paragraph of this clause does not apply.

By submitting a deletion request, the Customer confirms that it has itself preserved the data it is required to keep under the law, and that the deletion does not breach its own obligations to third parties.

At the Customer's request, its data is deleted before those periods expire, except for: data the Provider must keep under the law, in particular for tax and accounting purposes; backups, until they are overwritten within the period set by the Privacy Policy; technical logs, for the period set by the Privacy Policy; and the archive of consents, kept for the general limitation period under the Privacy Policy. The Provider keeps no other Customer Data once those periods expire.

10.11. The Provider takes reasonable organisational and technical measures to protect Customer Data against unauthorised access, loss and destruction, including encrypting data transfers, restricting access to the database, storing passwords as cryptographic hashes and making regular backups.

10.12. In the event of an incident that creates a threat to the rights of data subjects, the Provider notifies the Customer without undue delay and in any event no later than 72 (seventy-two) hours after the incident is detected, stating the nature of the incident, the categories of data concerned and the measures taken.

11. Special terms for Customers who are natural persons and not business entities

11.1. This section applies where the Customer is a natural person who is not a business entity and orders the services for purposes unrelated to entrepreneurial activity (“the Consumer Customer”). If this section conflicts with other provisions of the Agreement, this section prevails for the Consumer Customer.

11.2. Right to terminate within fourteen days. Under part four of Article 13 of the Law of Ukraine “On Consumer Rights Protection”, the Consumer Customer may terminate this distance Agreement within 14 (fourteen) calendar days from the moment the information about the service is confirmed, by notifying the Provider through the Personal Account or at the e-mail address given in section 15. Money paid is returned within 10 (ten) banking days.

Access to the Service is supplied by electronic means and is activated immediately after payment. For that reason, when placing the order the Consumer Customer separately confirms consent to the service starting immediately, before the fourteen-day period expires. Where such consent is given and supply of the service has actually begun, the right to terminate under the first paragraph of this clause does not apply, in accordance with paragraph 1 of part five of Article 13 of the Law of Ukraine “On Consumer Rights Protection”; the Consumer Customer is informed of this before confirming that consent. If such consent is not given, access is activated after the fourteen-day period expires.

11.3. Liability. The limits on the Provider's liability set by clause 8.4 apply to the Consumer Customer only to the extent that they do not conflict with Article 18 of the Law of Ukraine “On Consumer Rights Protection”. The Provider's liability for harm to life and health, and for intentional harm, is not limited.

11.4. Acceptance of services. Clause 5.6 of this Agreement does not apply to the Consumer Customer. The services are considered accepted as they are supplied; this does not deprive the Consumer Customer of the right to raise claims about the quality of the services within the periods set by consumer protection law.

11.5. Changes to terms and prices. If the Subscription Plan or the terms of this Agreement change, the Consumer Customer may terminate the Agreement before the changes take effect, with a refund for the entire unused paid period, including an incomplete calendar month, calculated pro rata to the number of days remaining. The rule in the first paragraph of clause 5.8 about not refunding an incomplete month does not apply in that case.

11.6. Refund on early withdrawal. If the Consumer Customer withdraws from the Agreement early, the price of the services for the entire unused paid period is refunded, calculated pro rata to the number of days remaining, less the value of the services actually supplied. The third paragraph of clause 5.8 on recalculating a discount applies.

11.7. Dispute resolution. The pre-trial procedure set by clause 13.2 is not mandatory for the Consumer Customer. The Consumer Customer may apply to a court, including at its registered place of residence or stay, and may also apply to the central executive authority responsible for state supervision of compliance with consumer protection law.

11.8. Information about the Provider and the service. Information about the Provider is given in section 15 of this Agreement; information about the service and its price is given on the stolik.top website. This information is provided under Article 7 of the Law of Ukraine “On Electronic Commerce” and Article 13 of the Law of Ukraine “On Consumer Rights Protection”.

12. Notices and correspondence

12.1. All notices under this Agreement are considered properly sent if they are sent through the Personal Account or to a Party's e-mail address: for the Provider, to the address given in section 15 of this Agreement; for the Customer, to the address the Customer gave during registration in the Service.

12.2. A notice is considered received on the next working day after it is sent, unless the contrary is proved.

12.3. The Customer must keep its contact details up to date and bears the risk of the consequences of not receiving notices because it gave inaccurate or outdated contact details.

12.4. The Provider keeps records of notices sent to the Customer — the address, date, time and subject of the notice — for the period set by the Privacy Policy for the archive of consents.

13. Dispute resolution procedure

13.1. All disputes and disagreements that arise between the Parties in connection with the performance of this Agreement are resolved through negotiations.

13.2. Before going to court, the Parties take steps towards pre-trial settlement: a Party sends the other Party a written claim, which is considered within 15 (fifteen) calendar days from the date it is received. Failure to follow this procedure does not deprive a Party of the right to go to court.

13.3. If no agreement is reached, the dispute is referred to a court under the current procedural law of Ukraine.

14. Other terms

14.1. This Agreement is drawn up in Ukrainian, as required by the Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language as the State Language”. At the Customer's wish, the Provider may supply a translation of the Agreement into another language. Such a translation is for information only. If there is any discrepancy, the Ukrainian text prevails.

14.2. The Provider may give access to the Service free of charge during an introductory (trial) period, and may run promotions and reward programmes, including giving extra days of use of the Service for reporting errors found. The terms of such promotions are set by the Provider and published on the stolik.top website. The Provider may change or end such promotions for the future, without changing the terms of periods already granted. If no payment is received after the introductory period ends, access is suspended and Customer Data is kept for the period set by the first paragraph of clause 10.10.

14.3. The Customer must not transfer its rights and obligations under this Agreement to third parties without the Provider's written consent.

14.4. If any provision of this Agreement is found invalid, this does not make the other provisions invalid. The Parties will make efforts to replace the invalid provision with a valid one that matches the Parties' original intentions as closely as possible.

14.5. On all matters not covered by this Agreement, the Parties are governed by the current law of Ukraine.

15. Provider's details

This information is given under Article 7 of the Law of Ukraine “On Electronic Commerce”.

Provider	Vitalii Mykolaiovych Sipitin, individual entrepreneur
Record number in the Unified State Register	2004800010007048993
Taxpayer registration card number (RNOKPP)	2605412174
Place of registration	Kharkiv, Ukraine. The full registered address is held in the Unified State Register under the record number given above and is provided on request
Address for correspondence and claims	provided on request sent to support@stolik.top; claims are also accepted through the Personal Account and at the e-mail address given below
Taxation system	simplified taxation system, second group of the single tax; not a VAT payer
E-mail	support@stolik.top
Website	stolik.top

The information in this section is current as at the date this version of the Agreement was published. Current information about the Provider is also available in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations (usr.minjust.gov.ua) under the record number given above.