USER AGREEMENT (PUBLIC OFFER)

1. Terms and Definitions

1.1. User Agreement (Public Offer) – is an official proposal (offer) of the Right Holder to enter into an agreement with any legal entity or individual for the provision of services and services on the Internet website, as well as in the application for mobile devices and tablets qbtools.com.ua, under the terms regulated by this user agreement (hereinafter – the Agreement). In accordance with Article 633 of the Civil Code of Ukraine, this Agreement is a public contract, and, in case of acceptance of the conditions set forth below, any capable individual or legal entity (hereinafter - the User) undertakes to comply with the terms of this Agreement.

1.2. Offer – a public proposal of the Right Holder addressed to any capable individual and/or legal entity to conclude with it a Public Agreement for the provision of services under the conditions contained in this Agreement.

1.3. Acceptance – full acceptance by the User of the terms of this Agreement.

1.4. Right Holder – Limited Liability Company “Qbtools”, Ukraine, 53860, Dnipropetrovsk region, Kryvyi Rih district, city of Zelenodolsk, Enerhetychna street, building 17v, office 10, which, through qbtools.com.ua, provides services for feedback communication between the User and the consumer (client) of its services and goods, under the terms provided by this Agreement (public offer).

1.5. User – an individual who has reached the age of 18, has full civil legal capacity and legal competence, or a legal entity registered in accordance with the law, who is a registered user of the website or application for mobile devices and tablets qbtools.com.ua, who thereby accepted the terms of this Agreement (public offer) and uses the services of the Right Holder.

1.6. User Profile – an electronic profile of the User on the website or in the program for mobile devices and tablets qbtools.com.ua, created during registration, through which the User can access the services and service of the Right Holder. The Profile may be used only by one User. Transfer of access data to another user (another person) is not предусмотрено (hereinafter – the Profile).

1.7. Registration – acceptance of the Offer by the User to conclude this Agreement and a procedure during which the User, by filling out the relevant forms, provides the information necessary for its use and identification. Registration is considered completed only if all stages are successfully completed in accordance with the instructions published on the website or applications for mobile devices and tablets qbtools.com.ua.

1.8. Personal Data – information or a set of information about an individual or legal entity entered into the User Profile, by which they are identified or can be identified.

1.9. Service – any operation that is not a supply of goods, related to the provision of a service consumed in the process of performing a certain action or activity to meet the personal needs of the User.

1.10. Services/Services of qbtools.com.ua – any paid and free services or services provided by the Right Holder via the website or application for mobile devices and tablets qbtools.com.ua to meet the personal needs of the User.

1.11. qbtools.com.ua – an Internet resource owned by the Right Holder, located at https://qbtools.com.ua on the Internet, as well as in the application for mobile devices and tablets, which provides Users with broad opportunities to carry out feedback communication between the User and the consumer (client) of its services and goods in real time via the Internet.

1.12. QR Code – a matrix code (two-dimensional barcode) that is easily recognized by scanning equipment (including a mobile phone camera) and enables use in trade, production, and logistics.

1.13. Telegram – a cross-platform messenger that allows exchanging messages and media files of many formats.

1.14. Legislation – current legislation of Ukraine.

1.15. Artificial Intelligence (also “AI”) – technologies that use machine learning algorithms, data processing, neural networks, and other automated processes for analysis, forecasting, and decision-making.

2. General Provisions of the User Agreement

2.1. This User Agreement (public offer) and information about services presented on the website or application for mobile devices and tablets qbtools.com.ua is an official proposal (public offer agreement) in accordance with the requirements of current legislation.

2.2. By starting to use any qbtools.com.ua service, installing the application, or completing the registration procedure, the User confirms their legal capacity and acceptance of the terms of the Agreement in full, without any reservations or exceptions. If the User disagrees with any provision of this Agreement, the User has no right to use the services/services of qbtools.com.ua.

2.3. In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance (acceptance) of the terms of the Agreement may also be evidenced by payment for services/services in the manner specified on the website or application qbtools.com.ua.

2.4. The Right Holder reserves the right to change and improve this Agreement at any time. In case of significant changes, the Right Holder undertakes to publish a notification on https://qbtools.com.ua with an appropriate link. If the User accesses the services after the Agreement has been changed, it is considered that the User has read, understood, and unconditionally agreed to such changes. The latest version of the Agreement will be available on qbtools.com.ua and replaces all previous versions. Changes take effect from the moment they are published.

2.5. By this Agreement, the Right Holder offers the User to use the services presented on the website or application qbtools.com.ua under the terms set out herein.

2.6. The login and password chosen by the User are necessary and sufficient for access. The User has no right to transfer them to third parties and bears full responsibility for their security.

2.7. If necessary, the User may conclude a written bilateral agreement with the Right Holder. In such agreement, the Right Holder may be called the Contractor, and the User – the Customer.

3. Registration

3.1. To use services, the User must register on qbtools.com.ua by creating a User Profile. By checking the box “I accept the terms of the Agreement,” the User accepts this Offer. Services may be used only after registration and authorization.

3.2. The User agrees to provide accurate and truthful information. Providing false information gives the Right Holder the right to refuse registration and/or access.

3.3. Only one personal profile is allowed. If more than one profile is created, the Right Holder may delete additional profiles and/or deny access.

3.4. Registration is allowed only for persons aged 18 with full legal capacity.

3.5. Only persons operating in Ukraine may register.

3.6. After registration, the User receives login and password.

3.7. The User is responsible for login and password security and all actions performed under the account.

3.8. The User should regularly change the password and immediately inform the Right Holder about unauthorized access.

3.9. It is prohibited to use the service for illegal activities, spam, malware, harmful links, or immoral actions.

3.10. If illegal activity is suspected, the Right Holder may contact authorities and/or block or delete the account.

3.11. By registering, the User grants consent for personal data processing and transfer according to legislation and internal policies.

3.12. The User confirms knowledge of Ukrainian or Russian and accepts that the Agreement is valid in these languages.

3.13. The User consents to receive regular notifications about new reviews via SMS from qbtools.com.ua.

3.14. The User confirms that receiving emails/SMS is not spam.

3.15. The User may refuse services and mailings via support or Telegram.

4. Intellectual Property and Copyright

4.1. All intellectual property on qbtools.com.ua belongs to the Right Holder and is protected by law. Unauthorized use is illegal and may lead to legal liability.

4.2. Copying, modifying, distributing, publishing, downloading, selling, or using content without written permission is prohibited.

4.3. Access is provided only for personal use without reproduction, distribution, sale, or modification.

5. Services and Payment

5.1. The subject of sale is a feedback service to control service/product quality, including templates for mobile apps, websites, multilinks, and microsites.

5.2. After registration, the User connects Telegram and the mobile app to access services.

5.3. Services are provided under the selected tariff plan. The User can change plans at any time.

5.4. Tariff plans are described on qbtools.com.ua.

5.5. Payment procedure:

5.5.1. Automatic recurring payments via bank or payment system (Wayforpay). Failed payments will be retried. The User can cancel at any time.

5.5.2. Direct payment to the Right Holder’s bank account.

5.5.3. Services are considered provided at the moment of payment, regardless of actual use.

5.5.4. If the User does not have enough funds in their account for automatic deduction or has not paid for the services of the Rightsholder by any other convenient method, the User will continue to receive notifications about new consumer (client) inquiries left on the created QR codes but will not be able to read and respond to them. Only after paying for the provided and previously unpaid services will the User be able to read and respond to inquiries from their consumers (clients).

5.5.5. The User and the Rightsholder, under the terms of this agreement, confirm and agree that the services of the Rightsholder are considered provided at the moment of payment by the User. The service is considered properly and fully provided by the Rightsholder, regardless of the fact of the User using the provided service.

6. Rights and Obligations of the Right Holder

6.1. The Right Holder has the right:

6.1.1. To determine at its own discretion the list and scope of services/services provided to Users, to change them unilaterally, including adding new services/services and changing the cost of existing ones.

6.1.2. To suspend or terminate the provision of services/services fully or partially at any time, including for technical reasons, for the period necessary to restore functionality.

6.1.3. To limit, suspend, or terminate the User’s access to services in case of violation of the terms of this Agreement, without prior notice and without any compensation of damages.

6.1.4. To modify, update, improve, and change the functionality of qbtools.com.ua, its structure, design, and software at any time.

6.1.5. To involve third parties in the provision of services/services and performance of obligations under this Agreement.

6.1.6. To place advertising and informational materials on the website and in the mobile application qbtools.com.ua.

6.1.7. To send the User informational, service, and marketing messages via email, SMS, Telegram, and other communication channels.

6.1.8. To moderate, delete, or block content posted by the User that violates legislation or this Agreement. 6.1.9. To collect, store, process, and use User data in accordance with the legislation of Ukraine and internal policies.

7. Rights and Obligations of the User

7.1. The User has the right:

7.1.1. To use the services/services of qbtools.com.ua in accordance with this Agreement.

7.1.2. To receive information about the services and changes in tariffs and functionality.

7.1.3. To terminate use of the services at any time by deleting the account or unsubscribing.

7.2. The User is obliged:

7.2.1. To comply with the terms of this Agreement and current legislation of Ukraine.

7.2.2. To provide truthful and accurate information during registration and use of services.

7.2.3. To pay for services in accordance with the selected tariff plan.

7.2.4. Not to transfer login and password to third parties and not to allow unauthorized access.

7.2.5. Not to use the service for illegal purposes, including distribution of spam, malware, phishing, or other harmful content.

7.2.6. Not to violate intellectual property rights of the Right Holder or third parties.

7.2.7. Not to interfere with the operation of qbtools.com.ua or attempt to gain unauthorized access to systems or data.

8. Liability of the Parties

8.1. The Right Holder provides services on an “AS IS” basis and does not guarantee uninterrupted or error-free operation of qbtools.com.ua.

8.2. The Right Holder is not responsible for technical failures, interruptions in operation, loss of data, or any damages caused by the use or inability to use the services.

8.3. The Right Holder is not responsible for actions of third parties, including payment systems, hosting providers, telecom operators, and other service providers.

8.4. The User is fully responsible for compliance with legislation and for content posted using the services.

8.5. The Right Holder is not liable for indirect, incidental, special, or consequential damages, including lost profits, business interruption, or loss of data.

9. Force Majeure

9.1. The Parties are released from liability for partial or complete failure to perform obligations under this Agreement if such failure is caused by force majeure circumstances, including but not limited to natural disasters, war, acts of terrorism, riots, government actions, strikes, epidemics, pandemics, or other events beyond the control of the Parties.

9.2. The Party for which force majeure circumstances have arisen must notify the other Party within a reasonable time.

10. Personal Data Protection

10.1. The User consents to the collection, storage, processing, and use of personal data in accordance with the legislation of Ukraine and internal policies of the Right Holder.

10.2. Personal data may be used for providing services, improving service quality, marketing, and analytical purposes.

10.3. Personal data may be transferred to third parties only in cases предусмотренных by legislation or with the consent of the User.

10.4. The Right Holder stores personal data for 5 (five) years from the moment of last use of services unless a longer period is required by law.

11. Final Provisions

11.1. This Agreement is governed by the legislation of Ukraine.

11.2. All disputes arising from this Agreement shall be resolved in courts at the location of the Right Holder.

11.3. If any provision of this Agreement is found invalid, the remaining provisions shall remain in force.

11.4. This Agreement enters into force from the moment of its publication on qbtools.com.ua and remains valid until revoked by the Right Holder.

12. Use of Artificial Intelligence

12.1. The Right Holder may use artificial intelligence technologies to improve services, automate processes, analyze data, and provide recommendations. 12.2. The use of AI is carried out in accordance with the legislation of Ukraine, ethical principles, and internal policies of the Right Holder.