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1.1. This Agreement is a public offer in accordance with Articles 633, 634, 641, 642 of the Civil Code of Ukraine and defines the terms for providing Services by the Provider.

1.2. Publishing this Agreement on the Provider’s website constitutes an official proposal (offer) to enter into an Agreement under these terms.

1.3. Acceptance of the offer (agreement to the terms) is carried out by registering on the Website or starting to use the Provider’s Services without signing a written copy.

1.4. Acceptance of the offer means full and unconditional acceptance by the Customer of all provisions of this Agreement.

1.5. This Agreement has legal force and is equivalent to a written contract concluded in accordance with the applicable laws of Ukraine.

1.6. Before starting to use the Services, the Customer must read the terms of this Agreement. In case of disagreement with the terms, the Customer must refrain from using the Services.

1.7. Services include:
– mass messaging via SMS, Viber, RCS;
– advertising on platforms supported by the Provider;
– technical support, analytics, API access;
– consultations, advertising content creation, audience selection.

1.8. This Agreement applies to all Customers, regardless of registration location, type of activity, or form of ownership.

1.9. The Provider has the right to change the terms of this Agreement by publishing a new version on the Website.

1.10. Continued use of the Services after changes automatically constitutes agreement with the updated terms.

1.11. The provision of Services or their individual stages may be carried out through authorized partners – sole proprietors with whom the Provider has entered into the appropriate agreements (agency, subcontracting, consulting, etc.).
Such partners may interact with the Customer, receive payments, provide consultations, launch campaigns, and act through the Provider’s Personal Account.

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2.1. Website – Provider’s web resource: https://spacemarketing.ua.

2.2. System – a set of technical tools (software, servers, interface) through which Services are provided.

2.3. Personal Account – a secure web interface on the Website through which the Customer gains access to the System’s functions.

2.4. Services – actions of the Provider aimed at giving the Customer the technical ability to perform mass messaging via SMS, Viber, RCS, as well as other related services specified on the Website.

2.5. Messaging – an electronic message (or series) sent via the System to third parties at the Customer’s initiative.

2.6. Contact database – a set of phone numbers uploaded by the Customer to which the messages are sent.

2.7. Subscriber – an individual or legal entity who receives the messages.

2.8. Content – text, images, links, videos, or other information that is part of a message.

2.9. Prohibited content – content that:
– violates the laws of Ukraine, international law, or the rules of partner services (e.g., Rakuten Viber);
– contains calls to violence, discrimination, obscene language, fraudulent schemes;
– contains advertising of alcohol, drugs, tobacco, political campaigning, or mentions of third-party messengers in Viber messages.

2.10. Partner services – third-party platforms (mobile operators, messengers, etc.) through which messages are delivered.

2.11. Offer acceptance – actions of the Customer confirming their agreement with all terms of this Agreement (registration, use of Services, etc.).

2.12. Viber penalties – sanctions from the Viber platform (Rakuten Group), which may amount to up to 5000 euros in case of violation of messaging rules.

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3.1. The Provider grants the Customer a technical capability to send messages via SMS, Viber, RCS, as well as other additional services, in accordance with the description on the Website.

3.2. The Services are provided remotely through the Website and Personal Account.

3.3. The Customer independently creates and configures the content, forms the contact database, and initiates the messaging.

3.4. Responsibility for the accuracy of the contact database, permission to process personal data, and the content of messages lies solely with the Customer.

3.5. The Services are considered duly provided if:
– messages were transferred to the network of the corresponding service (SMS center, Viber API, etc.);
– The Provider has not received official complaints or delivery refusals due to rule violations.

3.6. The Customer must not allow the distribution of prohibited content.

3.7. The Provider has the right to refuse to provide the Services if the content or database violates this Agreement, service policies, or legislation.

3.8. All risks associated with the ineffectiveness of messaging are borne by the Customer.

3.9. By providing Services, the Provider does not guarantee an increase in sales, traffic, or the number of inquiries, etc.

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4.1. Acceptance of this offer is made by the Customer by:
4.1.1. Registering on the Provider’s Website or in the System;
4.1.2. Starting actual use of the Provider’s Services;
4.1.3. Paying an invoice or topping up the Personal Account balance.

4.2. Acceptance means full acceptance of all provisions of this Agreement without reservations.

4.3. From the moment of acceptance of the offer, the Agreement is considered concluded between the Parties in the form of an electronic transaction.

4.4. All actions of the Customer in the Personal Account are recognized as performed personally by them or by an authorized representative.

4.5. The scope of rights and obligations is determined by the version of the Agreement in effect at the time of acceptance.

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5.1. Services are provided through the Personal Account on the Website.

5.2. The Provider does not check the content of messages or the legality of the Customer’s contact databases before the actual messaging.

5.3. The Customer independently:
– creates the message content;
– uploads the phone database;
– sets the date and time of messaging;
– selects channels (SMS, Viber, RCS).

5.4. Content must be literate, neutral in tone, without clickbait, exaggeration, or promises of enrichment.

5.5. It is prohibited to:
– mention third-party messengers (Telegram, WhatsApp, Facebook, Instagram) in texts or links in Viber messaging;
– use falsified number databases;
– send advertisements for alcohol, tobacco, drugs;
– conduct political advertising or campaigning.

5.6. The Customer bears full responsibility for the content and databases used.

5.7. In case of violations, the Provider has the right to:
– immediately stop or block messaging;
– suspend access to the Personal Account;
– demand compensation for damages and penalties.

5.8. If a violation of clause 5.5 (including prohibited content, mentions of third-party messengers in Viber messaging, etc.) is detected, the Customer must:
5.8.1. Pay the Provider a fine of 15,000 UAH if the violation is detected by the Provider before complaints are sent by third-party services.
5.8.2. If, as a result of the Customer’s actions, Viber (Rakuten) or another partner service imposes a fine, the Customer undertakes to fully reimburse it in an amount that may reach up to 5000 euros.
5.8.3. Payment of the fine does not exempt the Customer from other legal consequences provided for by this Agreement and applicable law.

5.9. The Services are considered properly provided if the System confirms the delivery of messages to partner services.

5.10. All actions of the Customer in the Personal Account are considered authorized.

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6.1. Provider’s rights:

6.1.1. Temporarily suspend the operation of the Website or System due to technical work, updates, or maintenance. 6.1.2. If the downtime lasts more than 2 hours – the Provider must notify the Customer via email or the Personal Account interface. 6.1.3. If the downtime lasts up to 2 hours – notification is not mandatory. 6.1.4. Block messaging or Customer accounts in case of violation of this Agreement or the law. 6.1.5. Request written explanations in case of complaints, violations, or blocks from partner services. 6.1.6. Establish and change Service tariffs by publishing them on the Website.

6.2. Provider’s obligations:

6.2.1. Provide access to the System after acceptance of the Agreement and subject to prepayment. 6.2.2. Ensure the operability of the Personal Account during business hours. 6.2.3. Provide consultations on using the System and basic technical support. 6.2.4. Keep the Customer’s information confidential, including contact databases.

6.3. Customer’s rights:

6.3.1. Access the System 24/7, except during maintenance periods. 6.3.2. Independently manage campaigns and contact databases. 6.3.3. Receive messaging statistics via the Personal Account. 6.3.4. Contact the Provider’s support service for consultations.

6.4. Customer’s obligations:

6.4.1. Pay for the Services on time. 6.4.2. Ensure the legality of using contact databases. 6.4.3. Refrain from sending prohibited content. 6.4.4. Bear sole responsibility for the legal consequences of the content of messages. 6.4.5. Not transfer access to the Personal Account to third parties without the written consent of the Provider.

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7.1. The current tariffs for the Services are posted on the website and in the personal account.

7.2. The cost of the Services is determined according to the package selected by the Customer or the volume of messaging.

7.3. Payment for the Services is made by topping up the Personal Account through the available payment systems.

7.4. Funds are credited to the Customer’s balance in the system.

7.5. The minimum top-up amount may be set by the Provider and specified on the website.

7.6. The Services are paid on the basis of 100% prepayment.

7.7. The Services are considered rendered after the launch of the messaging campaign through the Personal Account, regardless of subsequent results.

7.8. The Provider does not refund money for Services rendered, except in cases expressly provided for in this Agreement.

7.9. In case of erroneous or excessive top-up, the Customer has the right to submit a substantiated written request for a partial refund.

7.10. Funds may only be refunded if they have not been used in any messaging campaign.

7.11. Refunds are made within 10 (ten) business days after written approval by the Provider.

7.12. All bank fees for the refund are borne by the Customer.

7.13. In case of violation of the terms of this Agreement by the Customer, no refund will be made.

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8.1. The Parties are liable for failure to fulfill or improper fulfillment of obligations in accordance with this Agreement and the laws of Ukraine.

8.2. The Customer is fully responsible for:
– the content of the distributed messages;
– having permission to use the personal data of contacts;
– the legality of using contact databases;
– compliance with the requirements of Viber, SMS operators, RCS platforms.

8.3. In the case of distributing prohibited content, including:
– political campaigning;
– advertising alcohol, tobacco, or drugs;
– mentioning third-party messengers in Viber messages –
the Customer shall pay a fine of 15,000 UAH.

8.4. If as a result of messaging, sanctions are imposed by Viber (Rakuten), the Customer additionally compensates for the fine imposed, up to 5000 euros.

8.5. The Provider is not responsible for:
– failures in the operation of partner services (Viber, mobile operators);
– reduced effectiveness of messaging if the System has technically transmitted the messages;
– lack of commercial effect from messaging campaigns.

8.6. All actions performed from the Customer’s personal account are considered their actions.

8.7. In case of abuse or attempts to bypass platform restrictions, the Provider has the right to block the Customer’s account without refund.

8.8. All legal consequences arising from the Customer’s violation of applicable law are borne by the Customer.

8.9. The Provider is not responsible for the actions of authorized partners (sole proprietors) if such actions go beyond the powers provided by agreements with the Provider.

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9.1. The Provider undertakes not to transfer to third parties the contact databases uploaded by the Customer.

9.2. All data transmitted by the Customer through the Personal Account is stored in encrypted form.

9.3. The Provider uses the Customer’s data exclusively for the provision of the Services.

9.4. The Provider has the right to use statistical information about messaging volumes (without personalization) for marketing purposes.

9.5. The Customer undertakes to maintain the confidentiality of the login and password to the Personal Account.

9.6. In case of loss of access, the Customer must immediately notify the Provider.

9.7. The Provider is not responsible for unauthorized actions of third parties if access was obtained due to the Customer’s negligence.

9.8. Both Parties undertake not to disclose commercial, technical, or other confidential information that became known to them in the course of the execution of this Agreement.

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10.1. The Agreement enters into force from the moment of acceptance of the offer by the Customer and remains in effect for the entire period of using the Services.

10.2. Each Party has the right to terminate the Agreement unilaterally:
– The Customer – by deactivating the account or by officially notifying the Provider;
– The Provider – in case of violation of the terms of this Agreement or the law.

10.3. In case of termination of the Agreement, the remaining balance may be refunded only if clauses 7.9–7.13 are observed.

10.4. If, after acceptance, the Customer does not use the Services for more than 12 months, their account may be deactivated along with the complete deletion of the remaining balance, without the possibility of subsequent recovery.

10.5. All provisions regarding liability, confidentiality, and prohibitions remain valid even after termination of the Agreement.

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11.1. The Parties are released from liability for partial or complete non-performance of obligations if it occurred as a result of force majeure circumstances: war, natural disasters, decisions of state authorities, internet outages, power outages, blocking of partner platforms.

11.2. The Party affected by force majeure must notify the other Party within 5 business days.

11.3. The period for fulfilling obligations is extended for the duration of the force majeure circumstances.

11.4. If the circumstances last for more than 30 days, either Party has the right to terminate the Agreement.

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12.1. All disputes arising from or in connection with this Agreement shall be resolved through negotiations.

12.2. If no agreement is reached, the dispute shall be resolved in court under the jurisdiction of the Provider.

12.3. Pre-trial settlement is mandatory. The Party with claims shall send a written complaint to the email of the other Party.

12.4. A response to the complaint must be provided within 10 business days.

12.5. If no response is given, or it is unsatisfactory, the Party has the right to go to court.

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LLC “SPACE MARKETING”
Code EDRPOU: 44647578
Legal address: 69114, Zaporizhzhia region, Zaporizhzhia city, Heroiv 93rd Brigade street, building 44, apartment 131
Phone: +38 (068) 888-14-50
Email: info@spacemarketing.ua

ATTENTION!
Payment for the Services may be made either to the account of LLC “SPACE MARKETING”,
or to the account of an individual entrepreneur authorized by the Provider.

The details are available in the Personal Account when placing an order or topping up the balance.