1.1. The text of this offer below (hereinafter the “Offer”) is addressed to any legal entity or individual (hereinafter the “Customer”) and is the official proposal of LLC “O-2” (EDRPOU code 36376733), acting on the basis of its Charter and duly registered in accordance with the legislation of Ukraine as provider No. 2371, to conclude an agreement on the provision of electronic communications services (hereinafter the “Agreement” and/or the “Offer”), the list and payment amount of which are specified on the website http://streamtele.com (hereinafter the “Website”).

1.2. In accordance with Articles 633 and 641 of the Civil Code of Ukraine, the terms of the public offer are the same for all Customers.

1.3. To use the services provided by the Contractor, the Customer must agree to the terms of the Offer.

1.4. Guided by Part 6 of Article 11 of the Law of Ukraine “On Electronic Commerce” dated 03.09.2015 and Part 2 of Article 642 of the Civil Code of Ukraine, the Customer accepts the terms of the Offer by any of the following methods:

• to obtain access to the Service, the Customer submits an online application on the Contractor’s website and enters the name, e-mail and telephone number (primary personal data). By submitting personal data, the Customer, if an individual, gives consent to the processing and storage of such personal data;
• by agreeing with the active button “I accept the terms of the Offer”, placed under the fields used by the Customer to enter personal data during registration;
• payment for the services constitutes acceptance of this Offer.

1.5. From the moment the actions specified in clause 1.4 of the Offer are performed, an agreement for the provision of services is deemed concluded between the Parties on the terms set out in the Offer and remains valid until the Parties fulfil their obligations.

1.6. This Offer is a proposal to conclude a public agreement and also an adhesion agreement; therefore, it may be concluded only by the other party joining the proposed agreement as a whole. The other party may not propose its own terms.

1.7. By agreeing to the terms of the Offer, the Customer confirms that they have carefully read all its clauses and all information published on the Website in full, without any exceptions or restrictions.

1.8. The Contractor may unilaterally change the terms of this Offer and the agreements concluded under it at any time by notifying the Customer through publication of information about the changes on its website at least 7 (seven) days before the planned date of such changes. If the Customer disagrees with the changes, the Customer may refuse further use of the Services and, in the procedure defined by the Offer, request a refund of any unused advance payment available on the Customer’s personal account.

1.9. If the Customer and the Contractor sign a written agreement, this Offer ceases to apply to the relationship between the Customer and the Contractor from the moment such written agreement is concluded, and the Parties shall act in accordance with the terms of that written agreement.

1.10. Under this Offer, the Contractor assumes no obligations other than those expressly specified in the Offer and related to providing the possibility to use the Services.

2.1. By accepting the essential terms of the Offer, the Parties agree that the following terms shall have the meanings set out below:

“Spam message” or “Spam” means an electronic text message not previously ordered by Users, regardless of its content, or one that meets at least one of the following criteria:

• it is delivered to Users without their prior consent or has resulted in complaints from such Users;
• it encourages Users to call and/or send an electronic text message to suggested numbers, participate in any activities, or contains direct or indirect offers to connect to a network of an Operator other than the Operator whose subscribers receive the Messages;
• its content contradicts Ukrainian law or is unlawful;
• messages have identical text and are mass messages, that is, delivered to more than ten Users without their prior consent;
• messages with identical or different text are delivered to the same User more than 10 times per day;
• a message is charged to the User after receipt even though the User did not order it;
• the message caused a User complaint or created technical obstacles in the operation of the System or the Operator’s telecommunications network;
• the message does not contain the telephone number of the Customer’s service line;
• the message does not contain reliable information about the name, postal address or e-mail address of the Customer of such messages, provided that the User did not order such message;
• the User cannot stop receiving further messages by informing the Customer;
• the message contains information that may be regarded as election campaigning or political advertising;
• the message contains erotic or pornographic information;
• the message advertises gambling business entities, gambling or casinos;
• the message contains religious or cult-related information;
• the message contains advertising or information contrary to public morality, infringes the territorial integrity of Ukraine, violates the foundations of the constitutional order, contains discriminatory content, incites ethnic or religious hatred, or encroaches on the honour and dignity of a person;
• the message violates the procedure and method for providing advertising information established by the Laws of Ukraine “On Advertising” and “On Information”;
• the message advertises alcoholic beverages, tobacco products, trademarks, service marks or other intellectual property objects under which alcoholic beverages or tobacco products are produced;
• the message contains viruses or other elements that may harm the operation of the telecommunications network, Operator or Contractor equipment, or Users’ terminal equipment.

“Phishing message” or “Phishing” means a message that meets at least one of the following criteria:

• it is sent for the purpose of unlawfully obtaining confidential data of Users, confidential details of their payment instruments, information needed to access remote service systems, identifying information needed to access bank accounts, or attempts to obtain such confidential information unlawfully;
• messages that use psychological influence to induce Users to visit compromised websites and enter confidential information on them;
• the message contains links to websites whose domain name contains the name of public authorities, public organizations, financial institutions, official electronic portals of public authorities or registered trademarks, but is not sent by an official representative of such entities or owners;
• the message contains links to websites whose domain name is similar to the names of public authorities, public organizations, financial institutions, official electronic portals of public authorities or registered trademarks;
• the message misleads Users by impersonating trusted persons, including legal entities, and induces the User to voluntarily transfer confidential information;
• the message was used in an attempt, successful or unsuccessful, to unlawfully obtain the User’s confidential information, regardless of whether complaints were received from such User.

2.2. If the Customer uses services for transmission of messages delivered to the Viber application, the following terms shall apply:

2.3. The terms above have identical meaning whether used in singular or plural and whether written with an uppercase or lowercase letter. Other terms not defined in this Agreement shall have the meaning established by Ukrainian legislation or, in the absence of such definition, their commonly used meaning.

3.1. In the manner and on the terms defined by this Offer, the Contractor provides the Customer, on a paid basis, with consulting services in the field of informatization, consisting of:

• providing access to the Contractor’s Service;
• providing the possibility to transmit SMS messages through the Contractor’s System to public electronic communications networks, while the Customer undertakes to accept and pay for the Services provided under this Offer;
• providing the possibility to transmit Viber messages.

3.2. The Customer undertakes to accept and pay for the Services provided in accordance with this Offer.

3.3. The Service is available twenty-four hours a day, seven days a week without interruption, except in cases provided by law and this Offer. The accounting time for the provision of the service is Kyiv time.

3.4. A condition for the Customer’s use of the Service is payment for such services in accordance with this Offer, the rules of the Viber company and the Tariffs.

3.5. The tariff terms under this Offer are determined by the Contractor and published at https://streamtele.com in the relevant tariff sections.

3.6. By agreement between the Customer and the Contractor, the Contractor may provide the Customer with access to the Service for a free test period. The test period is agreed and indicated separately in a message sent to the Customer’s e-mail address specified during registration.

3.7. Use of the Contractor’s Service under this Offer is carried out through direct access to the Personal Account and/or through an integrated API approach and/or by a combined method in the Customer’s system, subject to technical availability.

3.8. If the terms of paid use of the Service are not agreed, or no response is received from the Customer, or no other additional arrangements are made by the Parties within one calendar day from the end of the test period, access to the Service shall be terminated.

3.9. The Contractor grants the Customer the right to use the Service without territorial limitation in the manner and on the terms provided by Ukrainian law and this Offer.

3.10. When new functions appear in the System, except functions developed at the Customer’s order, the Contractor may, at its discretion, require additional payment if the Customer uses such functions.

3.11. If the Contractor develops functions at the Customer’s order, the cost of such functions shall be paid by the Customer according to the invoice issued by the Contractor, unless the Parties agree otherwise in writing.

3.12. Assignment or transfer of rights and obligations is allowed only if the new Customer fully and unconditionally agrees to all provisions and terms of this Offer.

4.1. The Contractor shall provide the Customer with the Services in accordance with this Offer, ensure access to the Customer’s Personal Account using a login and password, and provide the ability to submit Alphanumeric Names for registration and verification, track their status, and control, create, delete and edit the Customer’s user databases through the Website, API or combined method.

4.2. The Contractor has the right to receive payment under this Offer, terminate provision of Services if the Customer violates its obligations, permit or prohibit transmission of SMS messages under Alphanumeric Names, suspend Services for planned or unplanned technical maintenance and repair, refuse or block transmission of Messages that do not comply with this Offer, verify Alphanumeric Names and Dynamic Alphanumeric Names during any billing period, and include its own test telephone numbers in the list of recipients to check compliance of Message texts with this Offer, legislation and Viber company requirements.

4.3. The Customer shall comply with the terms of the Offer, including the agreed subject matter of Messages; pay for the ordered Services in the amounts and within the terms established by the Tariffs; not use the Contractor’s System for unlawful actions or actions contrary to national security, defence or law enforcement interests; obtain prior explicit recorded consent from Users to receive Messages; provide confirmation of such consent at the Contractor’s request; not send Spam or Phishing or Messages with signs thereof; inform Users about the possibility and method of refusing further Messages; immediately stop sending Messages when a refusal, complaint or signs of Spam are identified; and obtain prior written approval for advertising materials or Message texts when required by this Offer.

4.4. The Customer has the right to register in the Contractor’s Service under this Offer, use the Services in accordance with the Tariffs and the terms of this Offer, receive information and technical support within the established scope, and manage its Personal Account and recipient databases in the System.

4.5. The Customer guarantees that all information provided to the Contractor is reliable and up to date, that the Customer has all rights and consents necessary to use databases and send Messages, and that the content of Messages does not violate Ukrainian law, rights of third parties, Operator requirements or this Offer.

5.1. The Customer uses the Service after registration and authorization in the Personal Account or through the Client API, Web Interface, HTTP(S)/XML, SMPP, SMTP or other protocols supported by the Contractor.

5.2. The Customer is responsible for maintaining the confidentiality of login, password, API keys and other access credentials and for all actions performed through the Customer’s account.

5.3. The Customer shall independently ensure the legality, accuracy and relevance of recipient databases and the proper recording of Users’ consents to receive Messages.

5.4. The Contractor may restrict or suspend access to the Service in the event of suspected unauthorized access, security threats, breach of this Offer, technical failures, maintenance, or other circumstances affecting normal operation of the Service.

5.5. The Contractor may change the technical parameters of the Service, methods of connection, interface, functionality and operating rules, provided that such changes do not deprive the Customer of the essential possibility to use paid Services already ordered, except in cases provided by this Offer or law.

6.1. The Alphanumeric Name must comply with the requirements of this Offer, the rules of Operators and applicable Ukrainian legislation.

6.2. The Customer shall submit the Alphanumeric Name for approval and provide documents or information confirming the right to use the relevant name, trademark, trade name or other designation, if requested by the Contractor or Operator.

6.3. The Alphanumeric Name may not mislead Users, imitate names of public authorities, banks, financial institutions, well-known brands or third parties without proper authorization, or be used to send Spam, Phishing, unlawful or prohibited content.

6.4. The Contractor and Operators may refuse registration, suspend, cancel or prohibit the use of an Alphanumeric Name if it does not meet the requirements, violates third-party rights, creates risks for Users, the Contractor or Operators, or contradicts this Offer.

6.5. The Customer is fully responsible for the legality and correctness of using an Alphanumeric Name and for all consequences of such use.

7.1. Messages must comply with Ukrainian law, this Offer, Operator requirements, Viber company rules where applicable, and the subject matter approved for the Customer.

7.2. Messages may be sent only to Users who have given prior explicit consent to receive them, unless another lawful basis is expressly provided by applicable law.

7.3. Messages must not contain Spam, Phishing, misleading information, unlawful content, malware, viruses, content that violates public morality, political advertising where prohibited, gambling advertising where prohibited, erotic or pornographic content, religious or cult-related information where prohibited by this Offer, or other information restricted by Ukrainian law or Operator rules.

7.4. Each Message must contain reliable information allowing the User to identify the Customer and, where required, a service contact number or another method for refusing further Messages.

7.5. The Customer shall immediately stop sending Messages to a User who has refused further receipt, submitted a complaint, or for whom the Contractor or Operator has identified signs of Spam, Phishing or other violation.

7.6. The Contractor may check Message texts, include test numbers, reject or block Messages, suspend transmission or require additional confirmation if there are signs of non-compliance with this Offer, legislation or the requirements of Operators and Viber.

8.1. The cost of the Services is determined by the Tariffs published on the Website, in the Personal Account, in invoices, or otherwise agreed by the Parties.

8.2. Payment for the Services is generally made by advance payment unless otherwise agreed by the Parties. The Customer tops up the electronic virtual account or pays invoices issued by the Contractor.

8.3. Services are charged according to the actual volume of sent or processed Messages, selected Packages, additional functions, connection fees, subscription fees or other tariff conditions applicable to the Customer.

8.4. The Customer is responsible for timely payment. If funds are insufficient, the Contractor may suspend or stop provision of Services until the account is replenished.

8.5. Taxes, commissions, bank fees and other payments connected with settlements shall be paid in accordance with Ukrainian legislation and the payment method used.

8.6. Unless otherwise provided by this Offer or a written agreement, unused funds may be returned in the procedure established by the Contractor after reconciliation of settlements and deduction of amounts due for Services actually provided, penalties, fines or other obligations of the Customer.

9.1. The Parties are liable for non-performance or improper performance of their obligations under this Offer in accordance with this Offer and the legislation of Ukraine.

9.2. The Customer is fully responsible for the content of Messages, the legality of recipient databases, the existence of Users’ consent, the use of Alphanumeric Names and Dynamic Alphanumeric Names, and compliance with all requirements of this Offer.

9.3. The Contractor is not liable for failure to deliver Messages caused by circumstances beyond the Contractor’s control, including User terminal equipment being switched off, the User being outside network coverage or in an unstable coverage area, improper operation of an Operator’s electronic communications network, restrictions introduced by Operators or Viber, or other technical circumstances not caused by the Contractor.

9.4. The Contractor is not responsible for the content of SMS messages or other Messages sent by the Customer using the System.

9.5. If the Contractor detects that the Customer has sent Spam, Messages with signs of Spam, Phishing, Messages with signs of Phishing, or otherwise breached obligations under this Offer, the Contractor may immediately terminate or suspend provision of the Services to the Customer.

9.6. In the event of Phishing or Messages with signs of Phishing, the Contractor may, at its choice separately or simultaneously, immediately terminate or suspend the Services, terminate the Agreement unilaterally, and withhold from the Customer a fine in the amount of the cost of unsent Phishing messages by independently withholding relevant funds from the Customer’s electronic virtual account.

9.7. In the event of Spam or Messages with signs of Spam, or violation of other obligations under this Offer or Ukrainian legislation, the Contractor may, at its choice separately or simultaneously, terminate or suspend the Services, terminate the Agreement unilaterally, withhold a fine in the amount of the cost of unsent SMS messages from the Customer’s electronic virtual account, and demand full compensation for losses.

9.8. The Contractor resumes provision of the Services if, as a result of an internal investigation after consultations with the Customer and receipt of written explanations, the fact of the Customer’s breach is not confirmed.

9.9. The Services are provided on an “AS IS” basis, which, in particular but not exclusively, means the absence of any guarantees of delivery of each Message to Users, uninterrupted operation of the System or continuous technical support.

9.10. If Users submit complaints, claims or lawsuits against the Contractor or Operator regarding Messages received through the Customer’s fault, such complaints, claims or lawsuits shall be resolved by the Customer independently and at the Customer’s own expense.

9.11. All disputes between the Parties shall be resolved through negotiations. If no agreement is reached through negotiations, disputes shall be resolved in court according to the applicable jurisdiction and venue under the legislation of Ukraine.

9.12. The Customer shall fully compensate the Contractor for losses caused by breach of the Offer and, at the Contractor’s request, shall pay or advance compensation even for losses not yet actually incurred if, due to the Customer’s breach, the Contractor may be subject to penalties or loss compensation claims from counterparties or state institutions under applicable legislation or agreements concluded by the Contractor to ensure performance of this Agreement.

10.1. By accepting this Offer, the Customer consents to the terms of the Personal Data Protection and Processing Policy at https://streamtele.com and to the use and automated processing of data, including personal and/or identifying data, as well as personal data of subjects whose personal data is transferred or communicated during performance of obligations, including collection, storage, clarification, use, depersonalization, blocking, deletion, destruction and any other actions related to processing of such data, as well as transfer to third parties where this does not contradict the Law of Ukraine “On Personal Data Protection”.

10.2. Consent is valid for the entire term of the Agreement and the Customer’s use of the Service. The Customer understands and agrees that if such consent is withdrawn, the Customer may lose the ability to use part or all of the Service.

11.1. Under this Offer, any information and data received by the Parties after the Customer accepts this Offer are strictly confidential and may not be disclosed or transferred to third parties except as provided by law.

11.2. Failure to fulfil confidentiality obligations under clause 11.1 of this Offer is grounds for full compensation of losses caused to the affected Party.

11.3. The Parties undertake to assist each other comprehensively in protecting their interests against unfair actions by third parties.

11.4. Neither Party may transfer its rights and obligations under the Agreement to another person without the written consent of the other Party.

12.1. The Service is the result of intellectual activity and an object of copyright regulated and protected by Ukrainian intellectual property legislation and international law.

12.2. The algorithms of the Service and its source codes, including their parts, are the Contractor’s trade secret. Any use of them or use of the Service in violation of this Offer is considered an infringement of the Contractor’s rights and is sufficient grounds to deprive the Customer of the rights granted under this Offer.

12.3. Liability for copyright infringement arises in accordance with the current legislation of Ukraine.

12.4. This Offer does not grant the Customer any rights to use the trademarks or service marks of the Contractor and/or its partners.

12.5. Under no circumstances may the Customer remove or make inconspicuous information and notices regarding copyright, trademark rights or patents specified in the Service.

13.1. The Contractor provides Technical Support to the Customer, including questions related to the Service functionality and operation on standard configurations of supported operating, mail and other systems, in the manner and on the terms specified in the technical documentation.

13.2. The Customer may contact the Contractor’s Technical Support service without paying additional remuneration by e-mail, telephone and other methods specified on the website.

13.3. To provide Technical Support, the Contractor may require the Customer to provide information concerning account data, technical characteristics of equipment and other information necessary to provide Technical Support.

13.4. Technical Support contact details:

• tel. +380 (44) 300-21-11;
• tel. 0800 35 2111;
• e-mail: support@streamtele.com.

14.1. Under this Offer, the Parties are released from liability for non-performance or improper performance of their obligations if such non-performance or improper performance results from unforeseen and unavoidable circumstances (force majeure circumstances) that did not exist on the date when the Customer accepted this Offer in the procedure established by it.

14.2. Force majeure circumstances include circumstances of irresistible force or extraordinary events such as war, fire, flood, earthquake, and interference by public authorities through adoption of regulatory acts and/or actions that make it impossible to perform the provisions of this Offer, except acts or actions adopted directly in relation to one of the Parties, provided that such circumstances arose after acceptance of this Offer, could not be foreseen or prevented by reasonable measures, and affected performance of the Parties’ obligations.

LIMITED LIABILITY COMPANY “O-2”

IBAN: UA553052990000026002015005143 at JSC CB “PRIVATBANK”.

Legal address: 01054, Kyiv, Oleksandra Konyskoho Street, 8 B.

Postal address: 01032, Kyiv, Saksahanskoho Street, building 120, Europe Plaza Business Center, building 4, 6th floor, office 601.

The company is a corporate income tax payer on general grounds.

15.1. The Parties agreed that confidentiality of information shall be maintained by accepting the terms of the Offer agreement and the personal data protection and processing policy published on http://streamtele.com.