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. Use of the Rights Holder's services by the User implies the User's unconditional agreement with all the terms of this agreement, with all its amendments and additions, and unconditional acceptance of its terms and conditions. If the User disagrees with any term of this agreement, the User must refrain from further use of the Rights Holder's services.

7.2. The user is obliged to use the capabilities of the services provided by the copyright holder only for lawful purposes, to comply with applicable law and the terms of this agreement, and not to violate the rights and legitimate interests of the copyright holder.

7.3. The User undertakes to regularly review the information posted on the website or in the application for mobile devices and tablets qbtools.com.ua, including this agreement, in order to be aware of any changes and/or additions in a timely manner. The User undertakes to familiarize themselves with the terms of this agreement and independently monitor any changes thereto. Continued use of the services by the User after any changes and/or additions to the agreement implies the User's consent to such changes and/or additions. The User's ignorance of the current terms of the agreement does not exempt the User from the obligations provided for in the agreement, as well as from liability for their non-fulfillment and/or improper fulfillment. The User's use of the service after any changes and/or additions implies the User's consent to such changes and/or additions.

7.4. The user hereby confirms that they have reached the age of 18 or another age established as the minimum age permitted in Ukraine for the possibility of paying for the use of the Rights Holder's services. A natural person who has not reached the required age undertakes to refrain from accessing the Rights Holder's services and from making any payments. Otherwise, responsibility for violation of the terms of this clause of the agreement by an individual who has not reached the required age shall be borne by their parents, adoptive parents, guardians, custodians, or other legal representatives in accordance with the current legislation of Ukraine.

7.5. The User guarantees that when using the services of the Rights Holder, they will not perform and will not perform any actions aimed at circumventing technical means of protection against unauthorized use, copying of information, intellectual property, or any other actions aimed at changing the functional characteristics or destabilizing the operation of the Rights Holder's services.

7.6. The user undertakes to refrain from posting information in text or any other form in their responses to consumers (customers) that degrades honor and dignity, violates the rights and freedoms of other users and/or third parties, incites interreligious, interracial, interethnic hostility, contains profanity, clearly false and defamatory information, violates the intellectual property rights of third parties, or in any other way violates the terms of this agreement or applicable law applicable to this Agreement and/or the User's location. The User is fully responsible for their actions in connection with the posting of responses and undertakes to settle any disputes, claims, or demands of third parties arising in connection therewith independently and at their own expense.

7.7. The User undertakes to comply with the terms of this agreement and to pay for the services provided by the Rights Holder in a timely manner in accordance with the tariff selected by the User.

7.8. The User hereby agrees to receive informational, including advertising materials, push notifications from the Rights Holder in any manner not prohibited by applicable law, in particular via the website interface or the qbtools.com.ua mobile device and tablet application, at any time, as well as to the User's email address, phone number, or by other means.

7.9. The User hereby gives his/her consent to the Rights Holder to use the User's telephone number(s) used for communication with the Rights Holder for calls, sending information messages, in any manner not prohibited by the current legislation of Ukraine applicable to the agreement. The User may refuse further use of their number for communication with them by notifying the Rights Holder's support service.

7.10. The user undertakes not to transfer, assign, sell, transfer for use, etc. the account (profile) on the copyright holder's service to third parties without the copyright holder's consent.

7.11. The user undertakes to periodically update the information provided during registration to ensure its accuracy, relevance, and completeness.

7.12. The User undertakes to fulfill other obligations of the User provided for in this agreement.

7.13. The User has the right to contact the Rights Holder's technical support service, providing their login and contact details.

8. Liability of the Parties

8.1. In the event of failure to comply with and/or improper performance of the terms of this agreement, the party that committed the violation shall be liable in accordance with the applicable law applicable to the agreement.

8.2. The Rights Holder has the right at any time, at its discretion, to suspend, restrict, or terminate the User's access to the service or its individual services, including, but not limited to, in the event of a violation by the User of the terms of this agreement, applicable laws applicable to this agreement, as well as if the Rights Holder has reason to believe that the User's actions are dishonest, aimed at disrupting the operation of the Rights Holder's service and/or may lead to a violation of the Rights Holder's rights, legitimate interests, damage to business reputation, etc.

8.3. If the termination/restriction/suspension of access to the services/service occurred through the fault of the User, including as a result of the above actions, the funds paid by the User for access to the services/service are not refundable. The Rights Holder shall not be liable for any losses that may be caused to the User by such actions.

8.4. The user is solely responsible for their actions related to the use of the Rights Holder's services, posting responses and other information on the Rights Holder's interface.

8.5. The User understands and agrees that: access to the Rights Holder's services is provided “as is,” and the Rights Holder does not guarantee their compliance with the expectations and standards of the User or other third parties.

8.6. The Rights Holder shall not be liable to the User for the content of communications from the User's consumers (customers).

8.7. The Rights Holder provides the User and its consumers (customers) with the opportunity to use the services without any guarantees regarding the quality, performance, security, and usability of the service.

8.8. The rights holder shall not be liable for any technical malfunctions, delays in processing or transmitting data, delays in receiving payments for services, unauthorized access by third parties, or the security of the User's login and password.

8.9. The rights holder does not guarantee error-free and uninterrupted operation of the services and, by default, is not liable for damage caused by technical failures of hardware or software.

8.10. The rights holder shall not be liable for any losses incurred by the User or third parties as a result of using the service or services that violate or restrict the User's rights, or losses resulting from unauthorized access by a third party.

8.11. The rights holder shall not be liable for any technical failures or other problems with telephone networks or services, computer systems, servers or providers, computer or telephone equipment, the availability and quality of Internet connections, software, failures of email services or scripts for technical reasons.

9. Force Majeure

9.1. Neither Party shall be liable for failure to perform or improper performance of this agreement if this is caused by force majeure circumstances that the Parties could not have known in advance and/or other unforeseeable circumstances that prevent the performance of contractual obligations and occur independently of the will and desire of the Parties.

Force majeure circumstances include (but are not limited to): fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudslides, avalanches, volcanic eruptions, and other natural disasters; wars, revolutions, coups d'état, and terrorist acts, looting, accidents in the power supply and communications systems, changes in legislation, actions of state bodies and their officials, if these circumstances directly affect the performance of this agreement, and their occurrence is certified by a body authorized in accordance with the law to certify force majeure circumstances.

Unforeseen circumstances that prevent the fulfillment of contractual obligations include (but are not limited to): seizure of the Rights Holder's servers on the basis of a relevant court decision, accident, unlawful actions of third parties, explosion, etc.

9.2. The Party that becomes aware of such circumstances shall notify the other Party thereof.

9.3. In the event of force majeure circumstances, the term for fulfilling obligations under this agreement shall be postponed for the period during which such circumstances and their consequences remain in effect.

9.4. If force majeure circumstances persist for 3 (three) consecutive months and show no signs of ending, the agreement may be terminated by the Rights Holder or the User by sending a written notice to the other Party.

9.5. The existence of force majeure circumstances must be confirmed by a competent authority – the relevant Chamber of Commerce and Industry of Ukraine.

10. Personal Data Protection

10.1. The user undertakes and guarantees to provide accurate and reliable personal data and to keep it up to date. The User understands and accepts that providing inaccurate information to the Rights Holder may result, among other things, in failure to receive current information, notifications, warnings from the Rights Holder, and termination of this agreement.

10.2. The Rights Holder has the right to store and process any information entered by the User on the website or in the application for mobile devices and tablets qbtools.com.ua or provided to the Rights Holder by other means (including the User's IP and MAC addresses, data about the User's location, including the model, operating system, screen resolution, unique device identifier, operating system version, and settings of the device used by the User to access the services, etc.).

10.3. Personal data processing is any action (operation) or set of actions (operations) performed with or without the use of automation tools on personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, and destruction of personal data.

10.4. The User's consent to the processing of their personal data is valid and the term of use of personal data is valid for the term of use by the User of the Rights Holder's services and 5 (five) years after the last fact of the User's access to the Rights Holder's services, unless a longer term is provided for by the applicable law applicable to the agreement.

10.5. If the User considers it necessary to withdraw their consent to the processing of their personal data, the User must send a corresponding notification to the email address of the Rights Holder specified on the website or in the application for mobile devices and tablets qbtools. com.ua In this case, the Rights Holder shall delete the User's account and personal data from the website and the qbtools.com.ua application for mobile devices and tablets. The right provided for in this clause may be limited in accordance with the requirements of applicable law. In particular, such restrictions may include the obligation of the Rights Holder to retain the information deleted by the User for the period established by applicable law and to transfer such information in accordance with the procedure established by law to a state authority.

10.6. The Rights Holder shall take necessary and sufficient organizational and technical measures to protect the User's personal data from unauthorized access, destruction, alteration, blocking, copying, distribution, and other unlawful actions by third parties.

10.7. The Rights Holder undertakes not to disclose information about the User to third parties without the User's consent, except for disclosure of information at the request of a court and/or law enforcement agencies in accordance with the applicable law of the relevant country.

10.8. The User undertakes to maintain the confidentiality of information obtained in the course of using the capabilities of the Rights Holder's services. All information regarding data that has become known to the User is considered confidential.

10.9. The User undertakes not to disclose confidential information to third parties without the consent of the Rights Holder, except at the request of authorized state bodies and/or only in cases and in the manner established by law.

10.10. If the User fails to comply with the above requirements and this results in the unlawful disclosure of confidential information, the Rights Holder shall have the right to hold the User liable in accordance with the procedure established by law and to demand full compensation for the damage caused.

10.11. The Rights Holder reserves the right to record telephone conversations between the User and the Rights Holder's operators. At the same time, the Rights Holder undertakes to prevent attempts to gain unauthorized access to this information and/or transfer such information to third parties.

10.12. The Rights Holder reserves the right to use the User's personal data obtained during registration for marketing purposes, including for the purpose of informing the User by e-mail and/or SMS messages.

10.13. By accepting this agreement, the User also confirms that they have read and unconditionally accepted the Rights Holder's Privacy Policy, which regulates in more detail the procedure for accessing and using information about the User.

11. Final Provisions

11.1. This agreement is available on the website and in the application for mobile devices and tablets qbtools.com.ua and is freely accessible to the User.

11.2. This agreement shall be governed by the applicable laws of Ukraine. Any issues not covered by this agreement shall be resolved in accordance with the laws of Ukraine.

11.3. The public offer expressed in this agreement shall come into force from the moment it is posted on the Internet at qbtools.com.ua and shall remain in force until the public offer is withdrawn by the Rights Holder.

11.4. This agreement may be terminated:

11.4.1. By the User at any time. However, if the User terminates the agreement before the end of the services paid for, the cost of the undelivered services will not be refunded.

11.4.2. The rights holder at any time.

11.4.3. In other cases expressly provided for in this agreement or by law.

11.4.4. The Party terminating the agreement must immediately notify the other Party by sending a notification by email.

11.5. All disputes and disagreements, claims and complaints regarding this agreement shall be resolved by the parties through negotiations. If the parties fail to reach an agreement through negotiations, the dispute shall be resolved in court at the location of the Rights Holder in accordance with the applicable law governing the agreement.

11.6. The invalidity (nullity) or non-compliance with applicable law of any of the terms of this agreement shall not affect the validity of its other terms. If any of the terms of the agreement is found to be invalid (void), the Rights Holder undertakes to immediately replace it with another term that most closely corresponds to the content of the replaced term, but is valid.

11.7. All terms defined in this agreement shall have the meanings given to them in this agreement, and their meanings shall apply to all word forms, both singular and plural. Other terms used in this agreement and not defined herein shall have the meanings given to them in the applicable laws governing this agreement.

11.8. If you have any questions, comments, suggestions, or complaints regarding the use of the website or the application for mobile devices and tablets qbtools.com.ua, the User or any third party may contact the Rights Holder by sending a letter to the legal or email address specified on the website and in the application for mobile devices and tablets qbtools.com.ua.

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.