Terms of Service (Public Offer)

1. General provisions

This document is a public offer by individual entrepreneur Oberemchuk Serhii Oleksandrovych (the "Provider") to conclude a service agreement for access to the Obriym CRM online service (the "Service", the "Agreement") on the terms set out below. The offer is addressed to an indefinite range of persons and is published in accordance with Articles 633, 641 and 642 of the Civil Code of Ukraine and the Law of Ukraine "On Electronic Commerce".

The Agreement is a public contract: its terms are the same for all customers, except where the law expressly allows otherwise. The current version of these Terms is permanently available at obriym-crm.com/offer.

The Terms of Use, the Payment & Refund Terms, and the Privacy Policy published on the Service website are integral parts of the Agreement. By accepting this offer, the Customer confirms having read and agreed to all of these documents.

2. Definitions

In this Agreement the following terms have the meanings below:

• Service - the Obriym CRM online platform available at obriym-crm.com, provided under the SaaS (software as a service) model.
• Provider - individual entrepreneur Oberemchuk Serhii Oleksandrovych, whose details are given in the "Provider's details" section.
• Customer - a natural person aged 16 or older, an individual entrepreneur, or a legal entity that has accepted this offer.
• Workspace - the Customer's isolated working environment in the Service with its own data, team, and settings.
• Plan - the scope of Service functionality and limits with the corresponding price, published on the Pricing page (obriym-crm.com/pricing).
• Subscription - the right of access to a paid plan during the paid billing period.
• Recurring payment - an automatic regular charge of the Subscription price to the Customer's payment card without re-entering the card details.
• Account area - the protected part of the Service available to the Customer after signing in.

3. Subject of the Agreement

The Provider grants the Customer remote access to the Service functionality over the Internet under the selected plan, and the Customer undertakes to use the Service in accordance with the Agreement and to pay for paid services.

The Service software is not transferred to the Customer: the Customer receives a non-exclusive right to use the Service functionality within the selected plan for the term of the Agreement. The Customer retains ownership of the data entered into their Workspace.

The free plan (Free) is provided at no charge with the limitations listed on the Pricing page and does not require a Subscription.

4. Conclusion of the Agreement (acceptance)

Acceptance of this offer is any of the following actions by the Customer: registering an account in the Service or paying for a Subscription. Acceptance constitutes full and unconditional agreement to all terms of the Agreement without any exceptions or reservations (Article 642 of the Civil Code of Ukraine, Article 11 of the Law of Ukraine "On Electronic Commerce").

The Agreement is concluded at the moment of acceptance and does not require signing a paper copy. An electronic agreement concluded in this way has the same legal force as a written agreement.

5. Prices and payment procedure

Prices for paid plans are published on the Pricing page (obriym-crm.com/pricing) and are set per Workspace per billing period - one calendar month. Prices for payments in Ukraine are stated in hryvnia (UAH) and are not subject to VAT (the Provider is not a VAT payer).

Payment is made with a bank payment card via an authorized payment service provider on its secure payment page. The Provider does not receive or store the full details of the Customer's payment card.

The payment procedure, automatic charges, and refunds are set out in detail in the Payment & Refund Terms (obriym-crm.com/payment-terms), which are an integral part of this Agreement.

Services are deemed duly rendered in full if, within 5 (five) business days after the end of the billing period, the Provider has not received reasoned written objections from the Customer at the email address specified in the "Contact" section. No separate acceptance certificate is drawn up.

6. Recurring payments

By subscribing and making the first payment, the Customer consents to regular automatic charges (recurring payments) of the Subscription price to their payment card for each subsequent billing period without re-entering the card details.

To process recurring payments, the payment service provider stores a payment card token using Visa and Mastercard tokenization technology. The Provider does not store card data. The Customer receives an email notification about every charge.

The Customer may cancel recurring payments at any time: in the Account area (Settings → Billing → the relevant Workspace → the "Cancel auto-renewal" button) or by contacting the Provider by email. After cancellation no new charges are made, and access to the paid plan remains until the end of the already paid billing period. Detailed instructions are in the Payment & Refund Terms.

7. Rights and obligations of the Provider

The Provider undertakes to give the Customer access to the Service under the selected plan, to take reasonable measures to keep the Service running, and to protect the Customer's data. The Provider has the right to:

• Update, change, and develop the Service functionality without degrading the key consumer properties of paid services.
• Carry out scheduled maintenance, giving advance notice where possible.
• Suspend or restrict the Customer's access in case of violation of the Terms of Use, with notice of the reasons.
• Engage third parties (hosting, payment services, email services) to perform the Agreement while remaining liable to the Customer.

8. Rights and obligations of the Customer

The Customer has the right to use the Service functionality within the selected plan, invite team members to their Workspace, export their data, and terminate the Agreement at any time. The Customer undertakes to:

• Provide accurate information during registration and payment.
• Not share account access with third parties and keep credentials confidential.
• Comply with the Terms of Use, including the acceptable use rules for the Service and the API.
• Pay for paid services under the selected plan on time.
• Have a lawful basis for processing personal data of third parties that the Customer enters into their Workspace.

9. Liability

For non-performance or improper performance of the Agreement, the parties are liable under the current legislation of Ukraine and this Agreement.

The Provider's aggregate liability under the Agreement is in any case limited to the amount actually paid by the Customer for the last billing period. The Provider is not liable for indirect damages or lost profit, for outages caused by third parties (communication providers, hosting, payment services), force majeure, or for the content of the data the Customer processes in the Service.

These limitations do not apply where the law does not allow liability to be excluded or limited, and do not restrict the rights of a Customer who is a consumer under the Law of Ukraine "On Consumer Rights Protection".

10. Personal data

The Provider processes personal data in accordance with the Law of Ukraine "On Personal Data Protection" and the Privacy Policy (obriym-crm.com/privacy). With respect to the data the Customer enters into their Workspace, the Provider acts as a processor and processes it solely to provide the services under the Agreement.

11. Term, changes, and termination

The Agreement enters into force upon acceptance and remains in effect indefinitely until terminated by either party.

The Provider may amend these Terms. Workspace owners are notified of material changes by email at least 14 calendar days before they take effect. Continued use of the Service after that date constitutes agreement to the amended Terms; in case of disagreement the Customer may terminate the Agreement before the changes take effect.

The Customer may terminate the Agreement at any time: cancel the Subscription in the Account area and/or delete the Workspace or the account. The Provider may terminate the Agreement in case of a material breach by the Customer. The consequences of termination for amounts already paid are set out in the Payment & Refund Terms; after Workspace deletion the data is retained for 30 days for export and then permanently deleted.

12. Governing law and disputes

The Agreement is governed by the law of Ukraine. The parties will endeavour to resolve disputes through negotiations: a claim is sent to the other party's email address and is considered within 30 calendar days.

If a dispute cannot be resolved through the claim procedure, it is submitted to a court in accordance with the current legislation of Ukraine. This section does not limit consumers' rights to apply to courts or consumer protection authorities.

13. Contact

Questions about these Terms? Email crm@obriym.com