Public offer

2. Definitions

2.1. Account: the Chatillect account that the Customer connects to the Shopillect app and through which it sets up Messages and sees the Balance and delivery statuses. The Account is provided by the Operator.

2.2. Message: an SMS or Viber message sent by the Service Provider to the Customer’s buyer.

2.3. Balance: the Customer’s funds paid in advance to the Service Provider for Messages.

2.4. Order event: a change of an order’s state in Shopify that the Account passes to the Service Provider to send a Message: order creation, tracking number creation, handover for delivery, arrival at the branch, abandoned cart, and other events the Account supports.

3. Subject of the Agreement

3.1. The Service Provider sends Messages to the Customer’s buyers on Order events through telecom operators, and the Customer pays for these services on the terms of the Offer.

3.2. SMS messages are sent under the sender alpha name the Customer registers for itself. Viber messages are provided at the Customer’s separate request on terms agreed by the parties.

3.3. The Customer writes the content of Messages in the Account’s template editor and is responsible for it.

3.4. The Account (settings, template editor, Balance and delivery status display) is provided by the Operator. The Shopillect app is governed by its own terms of use, which are not the subject of the Agreement.

4. Price and payment

4.1. The price of one SMS message is UAH 1.29. The price of Viber messages is set on request.

4.2. Payment is made by topping up the Balance in advance with a Visa or Mastercard card. Funds are credited to the Service Provider’s account. The minimum top-up is UAH 1,000.

4.3. UAH 1.29 is charged to the Balance for every delivered message.

4.4. The payee stated on the fiscal receipt is NOETIKOS GROUP LLC, EDRPOU code 38991588.

4.5. When the Balance runs out, sending Messages stops until it is topped up.

5. Rights and obligations of the parties

5.1. The Service Provider undertakes to send Messages on Order events according to the Customer’s settings passed by the Account, to pass delivery statuses back to the Account, to keep the Balance, and to publish price changes in a new version of the Offer before they take effect.

5.2. The Customer undertakes to send Messages only to buyers who left a phone number when placing an order, not to use the Account for advertising without the recipients’ consent, and to top up the Balance in time.

5.3. The Service Provider may suspend the services if the Customer breaches the Offer or the law on messaging, and notifies the Customer of it.

6. Refunds

6.1. The unused Balance is refunded to the Customer’s bank account within 30 calendar days of receiving a written request with the account details and a document confirming the payment. The acquiring fee paid at top-up is withheld from the refund. The cost of delivered Messages is not refunded. The Balance does not expire.

7. Liability

7.1. The parties are liable for non-performance or improper performance of the Agreement under the laws of Ukraine.

7.2. The Service Provider is not liable for non-delivery of a Message if the buyer’s number is wrong, the subscriber’s phone is off or out of coverage, or in case of failures on the side of telecom operators.

7.3. The Service Provider is not liable for failures of the Account or the Shopillect app; for those the Customer contacts the Operator.

7.4. Delivery status is shown according to data from telecom operators.

8. Personal data

8.1. The Customer is the controller of its buyers’ personal data. The Service Provider processes phone numbers and Message content only to send Messages; the Operator processes data in the Account to run it. Processing is described in the Privacy policy at chatillect.com.

9. Term and termination

9.1. The Agreement is valid indefinitely from acceptance of the Offer.

9.2. The Customer may stop using the services at any time by disconnecting the Account from Shopillect. The remaining Balance is refunded under section 6.