Public Offer Agreement

This is an English translation provided for convenience. In case of any discrepancy, the Ukrainian version prevails: original Ukrainian version.

Update history

March 24, 2021: initial version

September 16, 2025: added clause 6.1.3 regarding the migration of data from other systems into Appointer, and clause 6.1.4 regarding the software presentation and training of the User's staff

1. General Provisions

1.1 Individual entrepreneur Vitali Brodetski, hereinafter referred to as the "Contractor," publishes this public offer for the provision of services.

1.2 In accordance with Articles 633 and 641 of the Civil Code of Ukraine, this public offer, posted on the Internet at https://appointer.ua/agreement/, constitutes a public offer, and if a person performs actions evidencing its acceptance, it is binding upon the Contractor and that person, who is hereinafter referred to as the "User." An application submitted to obtain access to the Contractor's Service constitutes full and unconditional acceptance of this offer and is deemed to be the conclusion of the Agreement on the terms set out in this offer.

1.3 In this offer, the terms set out below are used with the following meaning:

1.3.1. Offer – the Contractor's public proposal addressed to any natural or legal person to conclude with the Contractor an agreement for the provision of services on the existing terms contained in the proposal.

1.3.2. Acceptance – the full and unconditional acceptance by the User of the terms of the offer.

1.3.3. Website – a set of electronic documents (files) of a private person or organization on a computer network, combined under a single address www.appointer.ua;

1.3.4. Service – the set of program codes of the website www.appointer.ua, the scripts installed on users' websites, as well as other software tools intended for the automated arrangement of the User's call-back, keeping records and billing of the services consumed, and ensuring the preservation of the User's data.

1.3.5. Personal account – a personal part of the Service, not available for general viewing, access to which is carried out by the User by entering personal identification data.

1.3.6. Subscription – the selected terms of a tariff plan.

2. Subject of the Agreement

2.1. Under the terms of this Agreement, the Contractor provides the User with consulting services on informatization matters by granting access to its Service, and the User undertakes to pay for the services provided in accordance with the terms of this Agreement.

2.2. The tariff terms of this Agreement are set by the Contractor at the link https://appointer.ua (Tariffs)

3. Accession to the Public Offer

3.1. To obtain access to the Service, the User submits an online application on the Contractor's website, entering their name, e-mail, and phone number (primary personal data). By submitting their personal data, the User consents to the processing and storage of their personal data.

3.2. Within a maximum of 3 days, a representative of the Contractor contacts the User and confirms the User's wish to join the Service.

3.3. If the User agrees, the Contractor grants the User access to the Service for a trial period. The free trial period of using the Service is 14 calendar days. After the free period ends, a message will be sent to the personal account offering to continue using the Service on a paid basis with the full functionality of the Service.

3.4. If the User does not agree to the terms of paid use of the Service or does not respond, access to the Service will be terminated on the 15th day after its activation.

4. Procedure for Acceptance and Delivery of Services

4.1. Place of provision of services – online, at the link https://client.appointer.ua/en/log-in

4.2. The Contractor provides the services on an "AS IS" basis. Technical interruptions and temporary suspensions of the provision of services (including those related to technological and maintenance work on the service) are not grounds for bringing any moral, material, property, or other claims against the Contractor.

4.3. For the purpose of organizing settlements and acceptance of the services provided under this Agreement, the reporting period is deemed to be the term for which the Subscription to use the Service was purchased.

4.4. The funds deposited by the User are displayed in the Personal account, in the Profile section, indicating the validity date of the Subscription.

4.5. The Parties have agreed to cooperate on a prepayment basis. Funds paid are non-refundable; after payment, the service is deemed to have been provided in full.

5. Cost of Services and Procedure for Settlements

5.1. The cost of services for using the Service is determined by the tariff plan selected by the User and published on the website https://appointer.ua (Tariffs)

5.2. The Contractor has the right at any time to change the price of services by publishing new prices on the website https://appointer.ua (Tariffs), having notified existing clients at least 1 month before the change of tariffs, through the internal notifications of the Software.

5.3. Payment for use of the Service is made by the User in accordance with the tariff plan they have selected. Payment is made online using the User's card account. If online payment is not possible, the Contractor may, at the User's request, issue and send the User a corresponding invoice.

5.4. The User has the right to purchase additional modules of the Service, the cost of which is indicated on the profile page in the User's personal account. Additional modules cannot be purchased separately from the tariff plan, but only as a supplement. The Contractor has the right at any time to change the price of the additional modules.

6. Rights and Obligations of the Parties

6.1. The Contractor undertakes to:

6.1.1. Provide the User with services in accordance with this Agreement and the relevant tariff plan, under the terms defined at the link https://appointer.ua (Tariffs)

6.1.2. The Contractor provides free Technical support in the Personal account from 10:00 to 19:00 (Kyiv time) on each business day.

6.1.3. Migration of data from other systems into Appointer

6.1.3.1. The Contractor undertakes to perform the initial migration of the User's data (including the client database and the list of goods and services) provided that the User supplies the source data in the appropriate file format (Microsoft Word, Microsoft Excel).

6.1.3.2. The Contractor has the right to refuse to perform the data migration if the format of the files provided by the User does not meet the necessary technical requirements.

6.1.3.3. The initial data migration is performed free of charge only once. Subsequent updates of data from the User's files are performed on a paid basis, the cost of which is determined by the Parties individually.

6.1.4. Presentation of the software and training of the User's staff

6.1.4.1. The Contractor undertakes to conduct an initial presentation of the software in order to demonstrate its capabilities free of charge.

6.1.4.2. The Contractor undertakes to conduct training of the User's staff, but no more than three (3) sessions free of charge. Subsequent staff training sessions are conducted on a paid basis, the cost of which is determined by the Parties individually.

6.1.4.3. A "staff training session" means a full training of one or several persons with a demonstration of all the functionality of the software and the provision of answers to the User's questions.

6.2. The User undertakes to:

6.2.1. Pay in full the cost of the services on the terms established by this Agreement.

6.2.2. Comply with the requirements, rules, and other terms for the provision of services established by the Contractor.

6.2.3. The User undertakes not to take any actions aimed at disrupting the operation of the Service.

6.2.4. The User undertakes not to use the Service for the sale (distribution) of goods (performance of works, provision of services, distribution of information, and other actions) if such actions contravene the legislation of Ukraine and/or the country of the User's residence.

6.2.5. The User acknowledges that the Contractor shall not be liable for any damages in any way related to the use of or the inability to use the Service.

6.2.6. In the event the User uses the Service in violation of the terms of this Agreement, the Contractor has the right to unilaterally withdraw from this Agreement and demand compensation for damages.

6.2.7. The User who has obtained access to the Service confirms their legal capacity in accordance with the legislation of their country of residence. All consequences of non-compliance with this condition are borne by the User.

6.3. The User has the right to:

6.3.1. Use the Contractor's services during the term provided for by the tariff plan.

6.3.2. Receive the necessary and accurate information about the Contractor's working schedule and the services.

6.4. The Contractor has the right to:

6.4.1. Refuse to provide services to the User in the event the latter breaches the terms of this Agreement.

7. Term of the Agreement, Procedure for Amendment and Termination

7.1. The Agreement enters into force upon acceptance of the offer and remains in effect until the termination of the Agreement.

7.2. The Contractor has the right at any time, at its own discretion and without prior coordination with the User, to make changes to this Agreement. Changes and additions take effect from the moment of their publication on the website https://appointer.ua/agreement/

7.3. Use of the services provided for by this Agreement after any changes to this Agreement constitutes the User's unconditional consent to such changes and/or additions.

7.4. In the event of termination of the Agreement at the initiative of one of the Parties, the procedure for settlements is governed by this Agreement.

7.5. This Agreement may be terminated early at the initiative of one of the Parties on the grounds provided for by the applicable legislation of Ukraine. The Party initiating the termination of this Agreement is obliged to notify the other Party of this (by sending an electronic message) at least 5 (five) days before the anticipated date of termination of the Agreement. The Parties have agreed that, in the event of early termination of this Agreement at the User's initiative, the funds are not refunded to the latter. The User may use the Service until the end of the paid period. After the end of the Service usage term, the User may demand that the Contractor release all of the User's personal data and information about: goods, services, and clients.

8. Liability of the Parties

8.1. The User fully assumes responsibility for the state of their health and agrees that they have no right to demand from the Contractor any compensation for material loss or harm caused to their health.

8.2. In the event the User causes damage to the Contractor's property, the latter has the right to demand full compensation for such damage from the User. By damage, the Parties understand a violation of the Contractor's copyright, expressed in the distribution of the Contractor's Service data without the latter's consent.

8.3. Upon the occurrence of force majeure circumstances that are beyond the reasonable foresight and control of the Parties to this Agreement, the Parties are released from liability for failure to perform obligations that were to be performed during the period of such circumstances.

8.4. The Parties agree that the Contractor does not guarantee any financial or other results from the User's use in their activities of the services purchased from the Contractor.

8.5. In the event the User breaches the terms of this Agreement, the Contractor has the right to terminate this Agreement unilaterally and block the User's access to the Service. The amount of funds paid is not refunded.

9. Confidentiality of the Agreement

9.1 The Parties have agreed that the information and data relating to this Agreement are confidential and may not be transferred to third parties without the prior written consent of the other Party, except in cases where such transfer is related to obtaining official documents for the performance of the Agreement or the payment of taxes and other mandatory payments, as well as in cases provided for by law.

9.2 The Parties bear liability under the legislation of Ukraine in the event of disclosure of confidential information that becomes known to them during the performance of the terms of this Agreement.

9.3 Neither Party has the right to transfer its rights and obligations under the Agreement to another person without the written consent of the other Party.

9.4 The User confirms their consent to the processing by the Contractor of their personal data, that is, to the performance of the following actions with respect to the User's personal data: collection, systematization, entry into the Contractor's databases, including electronic ones, accumulation, storage, clarification, as well as the further use and distribution by the Contractor of personal data in accordance with the provisions of the Law of Ukraine "On the Protection of Personal Data."

9.5 The Parties have agreed that the Contractor will collect and accumulate the User's personal data on paper and/or electronic media, including by entering them into the Contractor's database.

9.6. Matters not regulated by this Agreement are governed by the information indicated on the Contractor's website at www.appointer.ua and by the applicable legislation of Ukraine.

9.7. This Agreement is posted on the Contractor's website and set out in the Ukrainian and Russian languages.

10. Copyright and Trademarks

10.1. The Service is the result of intellectual activity and an object of the Contractor's copyright, which is regulated and protected by the legislation of Ukraine on intellectual property.

10.2. The algorithms of the Service's operation and its source codes (including parts thereof) are a trade secret of the Contractor. Any use of them or use of the Service in violation of the terms of this Offer is regarded as a violation of the Contractor's rights and is sufficient grounds for terminating this Agreement and applying to law enforcement authorities.

10.3. The Contractor warrants that it holds all the necessary proprietary rights to provide services to the User.

10.4. Liability for copyright infringement arises in accordance with the applicable legislation of Ukraine.

10.5. The User is granted no rights to use the trademarks and service marks of the Contractor.

11. Dispute Resolution

11.1 In the event of disputes or disagreements, the Parties undertake to resolve them through negotiations.

11.2 If the Parties fail to reach agreement, disputes are resolved in court at the location of the Contractor.

11.3. In the event that one or more provisions of this Agreement are found by a court for any reason to be invalid and unenforceable, such invalidity does not affect the validity of any other provision of the Agreement, and the Agreement shall be interpreted as if it did not contain such invalid provision.

12. Contractor's Details:

Individual entrepreneur Vitali Brodetski
Individual Tax Number (IPN): 2965923975
Record of state registration of the individual entrepreneur No. 2224 0000 0000 89301 dated 14.08.2013
Current account: UA953052990000026009060709033 at JSC “PrivatBank”
Address: Ukraine, 49000, Dnipropetrovsk region, city of Dnipro, Titova St., 2/47.
info@appointer.com.ua
tel. +38 (050) 332 19 40