Public Offer

Official terms for the provision of Stream Telecom services to customers and users of the company’s services.

This page contains the current text of the public offer, which regulates the procedure for providing telecommunications and additional services by Stream Telecom.

Document header: Оферта.pdf with an active status badge, followed by placeholder content lines and a rounded panel reading 'Юридический документ' — Подписано и опубликовано.
Document header: Оферта.pdf with an active status badge, followed by placeholder content lines and a rounded panel reading 'Юридический документ' — Подписано и опубликовано.

Official Document

The public offer contains the terms for connecting, using, and paying for Stream Telecom services. Before using the services, we recommend that you read the document.

Official Terms For Stream Telecom Clients Current Version

GENERAL PROVISIONS
1.1. The following public offer (the “Offer”) is addressed to any legal entity or individual (the “Customer”). It constitutes an official offer by O-2 LLC (EDRPOU registration code 36376733), acting under its Charter, duly registered under Ukrainian law and entered in the register of providers under No. 2371, to enter into an agreement for the provision of electronic communications services (the “Agreement”), the scope and prices of which are specified at https://streamtele.com (the “Website”).
1.2. Pursuant to Articles 633 and 641 of the Civil Code of Ukraine, the terms of this public Offer are the same for all Customers.
1.3. To use the Provider’s services, the Customer must accept the terms of the Offer.
1.4. Pursuant to Article 11(6) of the Law of Ukraine “On Electronic Commerce” dated 3 September 2015 (the “Law”) and Article 642(2) of the Civil Code of Ukraine, the Customer accepts the Offer by any of the following methods:
• to obtain access to the Service, the Customer submits an online application on the Provider’s website, specifying their name or business name, email address and telephone number (initial personal data). By submitting personal data, a Customer who is an individual consents to its processing and storage;
• clicking the “I accept the terms of the Offer” button located below the personal data fields during registration;
• paying for the services; such payment constitutes acceptance of this Offer.
1.5. Once the actions specified in Clause 1.4 have been performed, an agreement for the provision of services (the “Services”) is deemed to have been concluded between the Parties on the terms set out in the Offer. The Agreement remains in effect until the Parties have fulfilled their obligations.
1.6. This Offer is an invitation to enter into a public agreement that is also an adhesion agreement. It may be concluded only by the other Party accepting the proposed terms in their entirety. The other Party may not propose alternative contractual terms.
1.7. By accepting the Offer, the Customer confirms that they have carefully reviewed all its provisions and all information published on the Website, without exceptions or restrictions.
1.8. The Provider may amend this Offer and agreements concluded under it unilaterally at any time by publishing notice of the amendments on its website at least 7 (seven) days before the planned effective date. If the Customer disagrees with the amendments, they may discontinue using the Services and request a refund of any unused advance balance in accordance with this Offer.
1.9. If the Customer and the Provider enter into a written agreement, this Offer ceases to govern their relationship upon signature of that agreement. The Parties will thereafter be governed by the written agreement.
1.10. Under this Offer, the Provider assumes no obligations other than those expressly stated herein and related to enabling use of the Services.

DEFINITIONS
2.1. By accepting the material terms of the Offer, the Parties agree that the following terms have the meanings specified below:
“Public Offer”, “Offer” and “Agreement” mean the Provider’s proposal addressed to an unlimited number of persons to enter into an agreement on all the terms required for its conclusion.
“Customer” means a person who has entered into a service agreement in the manner set out in Clause 1.4 of this Offer.
“Acceptance” means full and unconditional acceptance of the Offer.
“Website” means the Provider’s website on the Internet.
“Account” means a record in the Provider’s System (a username/password combination or a dedicated API key) containing data used to identify and authenticate the Customer or their authorized representative.
“Username” means an alphanumeric identifier distinguishing the Customer from other Website users.
“Password” means a secret word or sequence of characters used to identify the Customer.
“Electronic Signature Using a One-Time Identifier” means electronic data in the form of an alphanumeric sequence that the Customer, having accepted the offer to enter into an electronic agreement, attaches to other electronic data and sends to the Provider.
“User” or “Subscriber” means a consumer of electronic communications services of any Operator whose number is included in the Customer’s SMS recipient database and who has duly consented to receiving Messages from the Customer.
“Operator” means a legal entity resident in Ukraine that provides electronic communications services and is authorized to provide mobile communications services or fixed-line telephone services using wireless access to an electronic communications network (a CDMA operator), regardless of standard, in Ukraine or other countries.
“System” (“Service”) means the software and hardware platform owned by the Provider that enables provision of the Services and allows the Customer to register, use and manage their Personal Account. Access to the System is granted after registration.
“Personal Account” means the Customer’s multifunctional web interface within the Provider’s Service, comprising the data of an individual instance of the System with a unique identifier through which Service objects are grouped for joint display and use. Access to the Personal Account is granted upon authentication using a username and password.
“Services” means the services provided by the Provider under this Offer and listed at https://streamtele.com/.
“Package” means the selected terms of a tariff plan.
“Technical Support” means measures taken by the Provider within its established scope and limits to maintain operation of the Service, including informational and advisory assistance to the Customer regarding use of the Service.
“Alphanumeric Sender Name” means a unique combination of letters or letters and digits used to provide services and exchange messages between the Customer and the User.
“National Alphanumeric Sender Name” means an alphanumeric sender name approved by Ukrainian Operators and included in the list of national alphanumeric sender names.
“International Alphanumeric Sender Name” means an alphanumeric sender name approved by Ukrainian Operators and included in the list of international alphanumeric sender names.
“Dynamic Alphanumeric Sender Name” means a unique combination of Latin letters, or Latin letters and Arabic numerals (up to 11 characters), selected by the Customer at their discretion from the list of alphanumeric sender names of Ukrainian Operators and displayed in Messages sent to Users as the Customer’s sender identification.
“SMS Message” means a short text message containing digital text data of up to 160 Latin or 70 non-Latin characters, or each segment of a concatenated message of up to 140 bytes, or an individual binary message of up to 140 bytes. Final segments of concatenated text or binary messages shorter than 140 bytes are treated as separate SMS Messages. When two concatenated messages are sent, their combined length is 306 and 134 characters respectively; for three messages, it is 459 and 201 characters respectively. If ten or more concatenated SMS Messages are sent, the Provider does not guarantee correct delivery to Users. Where “Message” means information exchanged between the Parties, it does not mean an “SMS Message”.
“Short Number” means a number from the numbering resources of a Ukrainian Operator used to transmit Messages from the Customer to Users through Operators’ electronic communications networks, including where an alphanumeric or dynamic alphanumeric sender name cannot be used for technical reasons.
“Spam Message” or “Spam” means an electronic text message not previously requested by Users, regardless of its content, or a message meeting at least one of the following criteria:
• messages are delivered to Users without their prior consent or have led to complaints from Users regarding receipt;
• a message encourages Users to call or send a text message to specified numbers, participate in any activities, or contains an express or implied offer to connect to another Operator’s network;
• the message content violates Ukrainian law or is otherwise unlawful;
• messages contain identical text and are sent in bulk to more than ten Users without prior consent;
• messages with identical or different text are sent to the same User more than 10 times per day;
• a User is charged for a message after receiving it although the User did not request it;
• a message results in User complaints or technical disruption to the System or an Operator’s electronic communications network;
• a message does not include a telephone number for the Customer’s support service;
• a message fails to provide accurate information about the Customer’s name, postal address or email address where the User did not request the message;
• the User cannot stop receiving further messages by notifying the Customer;
• a message contains information that may be regarded as election campaigning or political advertising;
• a message contains erotic or pornographic material;
• a message advertises gambling operators (gambling activities or casinos);
• a message contains religious or cult-related information;
• a message contains advertising or information contrary to public morals, undermining Ukraine’s territorial integrity or constitutional order, containing discriminatory content, inciting ethnic or religious hostility, or violating a person’s honor or dignity;
• a message violates the procedures for disseminating advertising established by the Laws of Ukraine “On Advertising” and “On Information”;
• a message advertises alcoholic beverages or tobacco products, trademarks or other intellectual property under which alcoholic beverages or tobacco products are sold;
• a message contains viruses or other components capable of damaging the electronic communications networks or equipment of Operators or the Provider, or Users’ terminal equipment.
“Phishing Message” or “Phishing” means a message meeting at least one of the following criteria:
• it is sent to unlawfully obtain Users’ confidential data, payment instrument details, credentials for remote service systems or access to bank accounts, or to attempt such acquisition (the “Confidential Information”);
• it uses psychological manipulation to induce Users to visit compromised websites and enter Confidential Information;
• it links to websites whose domain names include the names of public authorities, civil organizations, financial institutions, official government portals or registered trademarks, but is not sent by their official representatives or owners;
• it links to websites whose domain names resemble those of public authorities, civil organizations, financial institutions, official government portals or registered trademarks;
• it deceives Users by impersonating a trusted person, including a legal entity, and induces voluntary disclosure of Confidential Information;
• it has been used in an attempt, successful or unsuccessful, to unlawfully obtain a User’s Confidential Information, irrespective of whether the User submitted a complaint.
2.2. If the Customer uses messaging services via the Viber application, the following terms shall have the meanings set out below:
“Viber Application” (“Viber”) means the software application developed by Viber that uses VoIP technology, provides instant messaging and other information exchange between Users, and can be installed on mobile devices, tablets and personal computers.
“Message” means an informational message (other than one prohibited by this Offer) for which the User has expressly consented in advance. The Customer creates and orders such messages, which are then delivered to Users’ terminal equipment through the Viber application. A Message may contain text (up to 1,000 Cyrillic or Latin characters), images and buttons with URL links in any combination.
“Transactional Messages” means personalized informational (service) and transactional messages of a non-advertising nature containing information about a specific operation or transaction performed for a particular User, to which the User has expressly consented in advance (order processing, account transactions, debit or credit notifications and comparable service messages), excluding Prohibited Messages.
“Advertising and/or Greeting Messages” means messages containing advertisements or promotional information, combined messages containing both advertising and information about completed transactions or operations, greeting messages, and other messages that are not Transactional Messages and to which the User has expressly consented. This category excludes Prohibited Messages and messages whose content or distribution is prohibited by this Offer or applicable law.
“Viber Company” means Viber Media S.à r.l., the legal entity holding intellectual property rights to the Viber application.
“Viber Messaging Service” (“Service”) means enabling the Customer to transmit Messages to Users’ terminal equipment through the Viber application in accordance with this Offer by providing a client API, access to a web interface or use of the HTTP(S)/XML, SMPP or SMTP protocols.
“Authorized Persons (Representatives)” means individuals representing the Customer to whom the Customer has granted access to their Account in the System.
2.3. The terms above have the same meaning in singular or plural form and whether capitalized or not. Terms not defined in this or other sections of the Agreement shall have the meaning established by applicable Ukrainian law or, where no statutory definition exists, their ordinary meaning.

SUBJECT MATTER OF THE AGREEMENT
3.1. Under the procedure and terms set out in this Offer, the Provider supplies the Customer, for a fee, with consulting services in the field of information technology, including:
3.1.1. providing access to the Provider’s Service;
3.1.2. enabling the transmission of SMS Messages through the Provider’s System to public electronic communications networks;
3.1.3. enabling the transmission of messages via Viber.
3.2. The Customer undertakes to accept and pay for the Services provided in accordance with this Offer.
3.3. Access to the Service is provided 24 hours a day, seven days a week, without interruption, except as provided by law or this Offer. The time zone used for the Services is Kyiv time.
3.4. Use of the Service is conditional upon payment for the Services in accordance with this Offer, Viber’s rules and the Tariffs.
3.5. The applicable pricing terms (the “Tariffs”) are determined by the Provider and published in the relevant pricing sections of https://streamtele.com.
3.6. By agreement between the Customer and the Provider, the Provider may grant free trial access to the Service. The trial period is agreed separately and specified in an email sent to the address provided by the Customer during registration.
3.7. The Customer may use the Service through direct access to the Personal Account, integration with the Customer’s systems via API (where technically feasible), or a combination of these methods.
3.8. If the Parties have not agreed on the terms of paid use, the Customer has not responded, or the Parties have reached no other agreement within one calendar day after the trial ends, access to the Service shall be terminated.
3.9. The Provider grants the Customer the right to use the Service without territorial restrictions, subject to Ukrainian law and this Offer.
3.10. If new System features become available, other than features developed at the Customer’s request, the Provider may charge additional fees for their use at its discretion.
3.11. Where the Provider develops features at the Customer’s request, the Customer shall pay the amount invoiced by the Provider, unless otherwise agreed in writing by the Parties.
3.12. Assignment or transfer of rights and obligations is permitted only if the new Customer fully and unconditionally accepts all provisions of this Offer.

RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Provider shall:
4.1.1. provide Services to the Customer in accordance with this Offer;
4.1.2. provide the Customer with access to the Personal Account using a username and password;
4.1.3. enable the Customer, through the Personal Account on the Website, an API or a combination thereof, to submit alphanumeric sender names for registration and review, track their status, and view, create, edit and delete the Customer’s User databases.
4.2. The Provider may:
4.2.1. receive payment in accordance with this Offer;
4.2.2. discontinue Services if the Customer breaches its obligations under this Offer;
4.2.3. permit or prohibit transmission of SMS Messages using alphanumeric sender names depending on whether they comply with this Offer;
4.2.4. restrict or suspend Services during scheduled or unscheduled maintenance or repair of the Provider’s equipment and/or electronic communications networks of suppliers used to deliver the Services;
4.2.5. refuse or block transmission of Messages to Users through Operators’ networks if such Messages do not comply with or contravene this Offer;
4.2.6. inspect alphanumeric and dynamic alphanumeric sender names used by the Customer during any billing period. If a name does not comply with this Offer, the Provider may cease transmitting Messages using it and impose penalties on the Customer;
4.2.7. add its own test telephone numbers to the Customer’s relevant mailing lists to check Message content for compliance with this Offer, legislation and Viber rules.
4.3. The Customer shall:
4.3.1. comply with this Offer, including the approved categories of Messages;
4.3.2. pay for ordered Services in the amounts and by the deadlines specified in the Tariffs available in the Personal Account;
4.3.3. refrain from using the System for unlawful activities or activities contrary to national security, defense or public order;
4.3.4. obtain the User’s express and recorded consent before sending SMS Messages to the User’s telephone number. Within 2 (two) business days of a request from the Provider, the Customer must provide written confirmation of the User’s consent or a written explanation demonstrating that the Messages do not constitute Spam. Written confirmation of consent must state the User’s surname, given name and patronymic, telephone number, personal signature (an electronic signature is acceptable) and the date consent was given;
4.3.5. refrain from sending Messages through the System that are Spam or display characteristics of Spam;
4.3.6. refrain from sending Messages through the System that constitute or resemble Phishing;
4.3.7. inform recipients of SMS Messages how they may opt out of receiving further Messages transmitted through the System;
4.3.8. if a User requests that Messages stop, the Provider notifies the Customer of such a request, or the Customer independently or following the Provider’s inquiry identifies signs of Spam, the Customer must immediately stop the relevant campaign and notify the Provider on the same day. The Customer owns the database of Users’ telephone numbers. The Customer is liable for complaints, claims or lawsuits brought by Users against the Provider or an Operator in connection with Messages received;
4.3.9. submit for approval drafts of all advertising materials mentioning the Provider, an Operator, their trademarks or the Services. Such materials may be published only after obtaining the prior written consent of the Provider and/or Operator and approval of the relevant drafts;
4.3.10. send Messages only after obtaining the Provider’s prior written approval of the text and sending methods where Messages contain information or indications of information about medical services or medicines, dietary supplements, civil organizations, directly or indirectly involve minors, or contain cross-references. A “Cross-reference” means information whose source or original source is not the Customer and/or information, including advertising, that does not match the subject of the Messages or the subject or trademark of the alphanumeric or dynamic alphanumeric sender name.
4.4. The Customer may:
4.4.1. register for the Provider’s Service in accordance with this Offer;
4.4.2. upload data belonging to the Customer to the Account in accordance with the selected Tariff and Package, provided this does not violate this Offer or Ukrainian law;
4.4.3. send more than 500,000 Messages in one calendar day only with the Provider’s prior approval. The Customer must notify the Provider’s authorized representative by email at least one business day before the planned transmission;
4.4.4. obtain information through the Service about the status of Messages submitted for transmission;
4.4.5. independently determine the amount to top up the electronic virtual account;
4.4.6. request a refund of unused advance payments. Funds are refunded in accordance with applicable law after the Provider receives a written request from the Customer or their authorized representative. An individual Customer must state: surname, given name and patronymic, residential address (including postal code), passport series and number or ID-card details, taxpayer registration number, Personal Account identifiers, bank details for the refund, individual tax number, and the date and number of the Agreement. Copies of the stated documents must be attached. A corporate Customer must provide its legal name, registered address, EDRPOU code, Personal Account identifiers, Agreement date and number, and bank details. Any bank account or card receiving a refund must belong to the Customer;
4.4.7. submit complaints and suggestions to the Provider regarding improvement of Service quality.

PROCEDURE FOR USING THE SERVICE
5.1. Registration.
5.1.1. To use the Service, the Customer must register, whereupon a unique account and billing account are created. To add authorized persons (representatives), the Customer independently grants them access to the Account;
5.1.2. During registration, the Customer undertakes to provide accurate and complete information about themselves and authorized persons (representatives) in the relevant registration fields and to keep such information up to date.
5.2. Username and password for access to the Customer’s or authorized representative’s Account.
5.2.1. Upon registration, the Customer or authorized person independently selects a username (a unique character-based account identifier) and password. The Provider may prohibit certain usernames and set requirements for usernames and passwords (length, permitted characters, etc.);
5.2.2. The Customer or authorized person is responsible for choosing a secure password (resistant to guessing) and maintaining its confidentiality. The Customer is responsible for all actions, omissions and their consequences within the Service or through the Customer’s Account, including voluntary disclosure of access credentials to third parties or failure to protect their confidentiality under any terms (including agreements or contracts);
5.2.3. The Customer must immediately notify the Provider of unauthorized access to the Service using their Account and/or any breach or suspected breach of password confidentiality. For security, the Customer must log out of the Account using the “Log Out” button after each session. The Provider is not liable for data loss or other consequences caused by the Customer’s breach of these provisions.
5.3. Account Deletion. The Provider may block and delete the Customer’s Account and all its contents without explanation if the Customer breaches this Offer or acts in a way that may damage the System or the company’s reputation. Deleted Accounts, related information and access through those Accounts cannot be restored.
5.4. The Customer and/or authorized persons (representatives) must not engage in actions that may cause:
5.4.1. disruption to the Provider’s equipment or network;
5.4.2. disruption of the Service or restriction of other users’ ability to use it;
5.4.3. unauthorized access to the Service or the Provider’s information, computing and network resources;
5.4.4. harm or a threat of harm to third parties, including by posting information or links to internet resources whose content violates Ukrainian law.
5.5. The Customer is not authorized to independently alter or modify the Service.
5.6. The Customer is responsible for providing the equipment and Internet connectivity required to use the Service.
5.7. The Customer warrants that they hold all necessary rights to data, computer software and services used in connection with the Service and that their use does not infringe third-party rights.
5.8. The Customer may not use the Service in ways not provided for in this Offer or copy, sell or resell the Service or access to it, except with the Provider’s written permission duly issued under applicable law.

REQUIREMENTS FOR ALPHANUMERIC SENDER NAMES
6.1. An Alphanumeric Sender Name must not exceed 11 Latin characters.
6.2. An Alphanumeric Sender Name must not contain:
• characters other than Latin letters and digits;
• mobile operator names or derivatives thereof;
• obscene words;
• telephone numbers;
• short numbers;
• personal names (Vasya, Masha, etc.);
• meaningless words (ght, asdf, etc.);
• generic names;
• brand names or trademarks without written confirmation (an official letter or agreement) from their owner authorizing their use, or names that infringe third-party rights.
6.3. An Alphanumeric Sender Name must not contain combinations of Latin letters and/or numbers (words) that:
• promote war, ethnic or religious hatred, changes to the constitutional order or violations of the territorial integrity of Ukraine or any other country;
• promote fascism or neo-fascism;
• degrade a nation, race or person on ethnic or racial grounds;
• promote disrespect for national or religious sacred objects;
• degrade human dignity or mock physical disabilities, mental illness or advanced age;
• promote ignorance or disrespect for parents;
• promote drug addiction, substance abuse, alcoholism, smoking or other harmful habits;
• are sexual or erotic in nature;
• contain profanity;
• include trademarks, telephone numbers or personal names for which the Customer cannot demonstrate usage rights;
• constitute a random string of letters and/or numbers insufficient to identify the Customer as the sender of the Message.

REQUIREMENTS FOR MESSAGES
7.1. The Customer independently or with third-party assistance prepares Messages on the following topics:
7.1.1. Banking service notifications (bank card transactions, outstanding loan balances, loan repayment deadlines, etc.);
7.1.2. Registration on websites;
7.1.3. Taxi service notifications;
7.1.4. Other 24-hour service notifications approved in advance by the Provider;
7.1.5. Insurance company notifications;
7.1.6. Transport company notifications other than taxi services;
7.1.7. Advertising messages;
7.1.8. News;
7.1.9. Announcements;
7.1.10. Greetings;
7.1.11. Participation in promotions and prize draws run by manufacturers or providers of goods and services;
7.1.12. Other Messages that the User has consented to receive.
7.2. Requirements for preparing Messages when using the Services:
7.2.1. A Message must contain no more than 160 Latin characters or 70 Cyrillic characters (even if only one character is Cyrillic), including spaces and other characters. If these limits are exceeded, the Message is split into segments, each transmitted and charged as a separate Message.
7.3. Short numbers must not appear in Message text.
7.4. Messages must not invite Users to send messages or make calls to short numbers.
7.5. Message text must contain contact details, a telephone number or a website address through which a User may unsubscribe or obtain more information about the message content.
7.6. Message text must not contain:
• calls for violence or threats;
• political campaigning;
• profanity;
• religious, racist or terrorist themes;
• text that may be regarded as fraudulent;
• links to adult-content websites or advertisements for adult services.
7.7. The Customer warrants to the Provider that:
7.7.1. the Messages transmitted using the Services comply with applicable Ukrainian law, including the Laws of Ukraine “On Copyright and Related Rights”, “On Advertising”, “On Elections of People’s Deputies of Ukraine” and “On Elections of the President of Ukraine”, as well as international law;
7.7.2. the Customer will not send Spam to Users.
7.8. Advertising Messages are blocked at night. The Customer undertakes to submit Messages through the Provider’s Service for onward transmission to Users over Operators’ networks only during the following hours:
7.9. Messages in Clauses 7.1.1–7.1.4 may be sent around the clock, from 00:00 to 24:00.
7.10. Messages in Clauses 7.1.5–7.1.12 may be sent from 09:00 to 20:00 on business days and from 11:00 to 18:00 on non-business days and public holidays.

SERVICE FEES AND PAYMENT TERMS
8.1. Services shall be paid for in the national currency at the rates in effect when the Service is provided, on the basis of 100% advance payment. The payment reference must include the details needed to credit the funds to the account in the Personal Account.
8.2. The Customer pays for Services provided by the Provider in accordance with the current Tariffs displayed in the Personal Account interface or sent to the Customer in a commercial offer to the Customer’s official email address.
8.3. Tariffs publicly displayed on the Website are provided solely for information and do not constitute terms of this Offer.
8.4. The Provider may change Service prices unilaterally by notifying the Customer, at the Provider’s choice, by email or by posting the information in the Personal Account no later than 7 (seven) days before the new Tariffs take effect. At the same time, price changes take effect when displayed in the Personal Account.
8.5. The Customer pays through bank counters, bank branches, payment terminals, online payment systems or other methods designated by the Provider. The Customer bears all banking transaction fees. The Provider is not responsible for acts or omissions of banks or financial institutions and has no control over fees for transferring funds from the Customer to the Provider.
8.6. Payments made by the Customer are credited to the account in the Personal Account within 24 (twenty-four) hours after receipt in the Provider’s current account. The Customer may receive Services while the Personal Account shows a positive available balance.
8.7. Upon transmission of Messages, the Customer’s balance is reduced by the cost of transmission. Messages are not sent if the balance is zero or negative. If the database contains more numbers than can be covered by the available balance, transmission is limited to the amount funded.
8.8. Invoices are issued at the Customer’s request.
8.9. At the Customer’s request, no earlier than 5 (five) business days after the end of a reporting period, the Provider shall supply two copies of a service acceptance certificate confirming the Services provided under this Offer, signed by the Provider.
8.10. Within 5 (five) days after receiving the service acceptance certificate, the Customer shall sign it and return one copy to the Provider or, within the same period, submit written, reasoned objections.
8.11. If the Provider does not receive the Customer’s signed copy of the certificate or written, reasoned objections within the period specified in Clause 8.8, the Services provided during the reporting period shall be deemed accepted in full according to the certificate signed by the Provider.
8.12. All settlements under this Agreement are based on the Provider’s statistical and billing records, including those displayed in the electronic virtual account.

LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. The Service is provided on an “as is” basis. The Customer acknowledges its functional limitations and confirms that its capabilities meet the Customer’s objectives within the functionality of the System.
9.2. A Party causing loss to the other Party shall compensate the latter for direct, documented losses.
9.3. The Customer is solely responsible for the strength, safekeeping and confidentiality of the selected password.
9.4. The Provider is not liable to third parties for the Customer’s breach of the Agreement. The Customer bears full responsibility for compliance of advertising services and materials under the Agreement with Ukrainian law. The Provider is not liable for non-delivery of Messages and does not guarantee delivery where a User is outside the relevant Operator’s coverage, is in an area of unstable coverage, has switched off their terminal equipment, or where an Operator’s network used by the Provider is not operating properly.
9.5. The Provider is not responsible for the content of SMS Messages distributed by the Customer through the System.
9.6. If the Customer sends Spam or Messages displaying characteristics of Spam, or breaches other obligations under this Offer, the Provider may immediately discontinue Services.
9.7. If the Customer sends Phishing Messages or Messages displaying characteristics of Phishing, or breaches other obligations under this Offer, the Provider may immediately discontinue Services.
9.8. If the Customer sends Phishing Messages or Messages displaying characteristics of Phishing through the System, the Provider may, separately or simultaneously, at its discretion:
• immediately discontinue or suspend the Services;
• terminate the Agreement unilaterally;
• impose a penalty equal to the value of unsent Phishing Messages by deducting the corresponding amount from the Customer’s electronic virtual account.
9.9. If provision of the Services is delayed due to the Provider’s fault for more than 5 days after the planned campaign date, provided the Customer has taken all necessary steps to begin it, the Provider shall pay a late-payment penalty at the NBU discount rate for each day of delay.
9.10. If the Customer sends Spam or Messages displaying characteristics of Spam, or breaches other obligations under this Offer or Ukrainian law, the Provider may, separately or simultaneously, at its discretion:
• discontinue, restrict or suspend the Services;
• terminate the Agreement unilaterally;
• impose a penalty equal to the value of unsent SMS Messages by deducting the corresponding amount from the Customer’s electronic virtual account;
• demand full compensation for losses.
9.11. The Provider shall resume Services if an internal investigation, consultation with the Customer and the Customer’s written explanations do not substantiate a breach of the Customer’s obligations.
9.12. The Services are provided “AS IS”, which includes, without limitation, no guarantee of delivery of every Message, uninterrupted operation of the System or uninterrupted technical support.
9.13. If Users bring complaints, claims or lawsuits against the Provider or an Operator concerning Messages received due to the Customer’s actions, the Customer shall resolve them independently and at its own expense.
9.14. All disputes between the Parties shall be resolved through negotiations. If no agreement is reached, disputes shall be resolved by the courts under the applicable rules of jurisdiction and venue in accordance with Ukrainian law.
9.15. The Customer shall fully compensate the Provider for losses arising from breaches of this Offer. At the Provider’s request, the Customer shall also pay an advance against potential losses not yet incurred if, under applicable law or agreements entered into by the Provider to perform this Agreement, the Provider’s counterparties or public authorities may impose penalties or claim compensation due to the Customer’s breach. Upon receiving from the Provider information concerning a letter, notice or other document evidencing such penalties or claims, the Customer shall pay the amounts specified in that document within three days.

USE OF PERSONAL DATA
10.1. By accepting this Offer, the Customer agrees to the Personal Data Protection and Processing Policy published at https://streamtele.com and consents to the use and automated processing of data, including personal and identification data and personal data of other individuals whose details are transferred in performance of obligations. Such processing includes collection, accumulation, storage, updating, use, anonymization, blocking, deletion, destruction and other operations involving the data, as well as disclosure to third parties, insofar as this does not conflict with the Law of Ukraine “On Personal Data Protection”.
10.2. The consent remains valid throughout the term of the Agreement and the Customer’s use of the Service. The Customer acknowledges that withdrawing consent may result in losing access to some or all Service functions.

CONFIDENTIALITY
11.1. Under this Offer, all information and data received by the Parties after the Customer accepts the Offer are strictly confidential and may not be disclosed or transferred to third parties except as required or permitted by law.
11.2. Breach of the confidentiality obligations in Clause 11.1 constitutes grounds for full compensation of losses suffered by the affected Party.
11.3. The Parties undertake to cooperate fully in protecting their interests against unfair actions by third parties.
11.4. Neither Party may transfer its rights or obligations under the Agreement to another person without the other Party’s written consent.

COPYRIGHT AND TRADEMARKS
12.1. The Service is a product of intellectual activity and a copyrighted work protected by Ukrainian intellectual property law and international law.
12.2. The Service’s algorithms and source code (including individual components) constitute the Provider’s trade secrets. Any use of them, or use of the Service in violation of this Offer, constitutes an infringement of the Provider’s rights and is sufficient grounds to revoke the Customer’s rights under this Offer.
12.3. Liability for copyright infringement arises under applicable Ukrainian law.
12.4. This Offer grants the Customer no rights to use the trademarks or service marks of the Provider and/or its partners.
12.5. The Customer may under no circumstances remove or obscure copyright, trademark or patent notices displayed in the Service.

TECHNICAL SUPPORT
13.1. The Provider provides technical support to the Customer, including assistance regarding Service functionality and use in standard configurations of supported operating systems, email systems and other systems, in accordance with the procedure and terms set out in the Service’s technical documentation.
13.2. The Customer may contact the Provider’s technical support without additional charge by email, telephone or other methods specified on the Website.
13.3. To provide technical support, the Provider may request Account information, technical specifications of equipment and other information reasonably required for support.
13.4. Technical support contact details:
• telephone: +380 (44) 300-21-11;
• telephone: 0800 35 2111;
• email: support@streamtele.com.

FORCE MAJEURE
14.1. Under this Offer, the Parties are released from liability for failure or improper performance of their obligations where caused by unforeseeable and unavoidable circumstances (force majeure) that did not exist when the Customer accepted the Offer in the prescribed manner.
14.2. Force majeure includes events beyond the Parties’ control and extraordinary occurrences, including war, fire, flood, earthquake, and intervention by government authorities through enactment of regulations or actions that prevent performance of this Offer (other than measures directed specifically at one Party). Such circumstances must arise after acceptance of the Offer, be unforeseeable or unavoidable through reasonable measures, and affect performance of the Parties’ obligations.

SERVICE PROVIDER DETAILS
LIMITED LIABILITY COMPANY “Pro-2”
IBAN: UA553052990000026002015005143 at JSC CB PRIVATBANK.
Registered address: 8-B Oleksandra Koni Street, Kyiv, 01054, Ukraine.
Mailing address: Office 601, 6th Floor, Building 4, Europa Plaza Business Center, 120 Saksahanskoho Street, Kyiv, 01032, Ukraine.
The company is subject to corporate income tax under the general taxation system.
15.1. The Parties agree to maintain the confidentiality of information in accordance with the Agreement and the Personal Data Protection and Processing Policy published at https://streamtele.com.