Public Offer

Edition of 19 August 2026

Translation notice. This is an English translation provided for convenience. The contract is concluded under the law of Ukraine, and the Ukrainian version is the legally binding one. If the two versions differ, the Ukrainian text prevails.

This document is an official proposal (a public offer) by Mykhailo Vasylovych Piddubchenko, an individual entrepreneur (FOP), tax number (RNOKPP) 3758905818 (the "Provider"), to conclude a contract for providing access to the SmartOKS web platform (the "Service") in accordance with Articles 633, 641 and 642 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine "On Electronic Commerce".

Acceptance (full and unconditional) of this offer is any of the following actions by the Customer: registering an organization in the Service, beginning actual use of the Service, or paying for the services. By accepting, the Customer confirms that they have read the terms of this offer, the Terms of Service, the Privacy Policy and the Cookie Policy, and accepts them in full. A contract concluded by accepting this offer has the legal force of a contract made in writing and does not require signature by both parties.

1. Definitions

• Service — the SmartOKS web platform for managing IT support in organizations, available at smartoks.com.ua and on subdomains of the form name.smartoks.com.ua, including accompanying software (the SmartOKS Agent inventory application).
• Customer — a legal entity, an individual entrepreneur or a natural person who has accepted this offer on behalf of their organization.
• Plan — the set of features and limits of the Service provided for a defined fee or free of charge.
• Billing period — one calendar month or one year, depending on the payment option chosen.
• Account — the Service interface on the Customer's organization subdomain, available after signing in.

2. Subject of the contract

The Provider grants the Customer the right to access the Service within the chosen plan under a SaaS (Software as a Service) model, and the Customer undertakes to pay for the services according to the chosen plan (except for the free Free plan). Services are provided remotely over the internet.

The Terms of Service, the Privacy Policy and the Cookie Policy are integral parts of the contract. Where they differ in respect of paid services, this offer prevails.

At the Customer's request the Provider issues an invoice, a certificate of services rendered and other primary accounting documents; with a Customer that is a public-sector institution, a separate bilateral written contract may be concluded at its request.

3. Plans and pricing

Current plans, their prices and feature limits are published on the Pricing page. Prices are stated in Ukrainian hryvnia (UAH, ₴). The Provider is not a VAT payer; the price of the services does not include VAT.

• The Free plan is provided free of charge and indefinitely, within the published limits.
• Paid plans (Education, Pro) are paid per billing period — monthly or annually (with the discount stated on the pricing page).
• The terms of the Enterprise plan and any other individual terms are agreed separately by the parties — by exchange of emails or by concluding a separate contract.

The Provider may change plan prices. A new price applies from the next billing period and does not affect periods already paid for. Customers with an active paid subscription are notified of a price change by email at least 10 calendar days before the start of the period to which the new price applies.

4. Payment

• Payment is made by bank transfer: by payment card through a payment provider (internet acquiring) or by invoice to the Provider's current account. Any fees charged by the Customer's bank are paid by the Customer.
• The service is activated automatically once the payment system confirms the payment (usually within a few minutes) or once funds paid by invoice have been credited.
• An electronic settlement document (fiscal receipt) is generated for each payment and sent to the Customer's email address.
• If the Customer has enabled automatic subscription renewal, the next charge is taken before the paid period ends, at the price of the chosen plan in force at the time of the charge. If a charge fails, the Provider may retry; if payment is not made, the grace period applies (section 5).
• Automatic renewal can be switched off at any time on the "Plan" page in the Account; switching it off takes effect from the next billing period. Full payment card details are not passed to the Provider and are not stored by it — they are handled by the payment provider.

5. Access period, grace period and suspension

• Access to a paid plan lasts for the billing period paid for.
• After the paid period ends, a grace period of 14 calendar days is provided, during which the Service remains fully available so that payment can be renewed.
• If payment is not renewed, access to the organization is suspended: the Account is limited to the payment page. Once payment is received, access is restored automatically.
• The data of a suspended organization is retained for at least 6 months from the date of suspension. After 12 months of continuous suspension the Provider may delete the organization's data, having given the Customer at least 30 calendar days' notice by email. Before deletion, the Customer may request a copy of their data.

6. Refunds

Refunds are made in the following cases:

• First payment for a paid plan: within 14 calendar days of the first payment, the Customer may withdraw from the services and receive a full refund of the amount paid. This right applies once per organization.
• Technical inability to provide the services through the Provider's fault — total unavailability of the Service exceeding 72 hours within a calendar month according to the Provider's monitoring: a pro-rata refund for the period of unavailability, or an extension of access by the corresponding period — at the Customer's choice. Planned maintenance notified in advance does not count towards downtime, nor do interruptions caused by the Customer or by third parties (including failures at the Customer's own connectivity providers).
• Erroneous or duplicate payment: a full refund of the amount paid in error.

Payments for billing periods that have been fully used (other than the first-payment case described above) are non-refundable. If an annual subscription is cancelled early, the value of full unused months is refunded, calculated at the monthly rate.

Refund procedure: the Customer sends a request to mail@smartoks.com.ua stating the organization (subdomain), the date of payment and the reason. Requests are reviewed within 10 business days. Refunds are made in hryvnia to the same card or current account the payment came from, within 3–5 banking days of approval; the time to credit depends on the Customer's bank.

Nothing in this section limits the rights of a Customer who is a natural person under the Law of Ukraine "On Consumer Rights Protection".

7. Rights and obligations of the parties

The Provider undertakes to:

• provide access to the Service in accordance with the chosen plan;
• take measures to preserve the Customer's data (daily backups, isolation of each organization's data);
• give notice of planned maintenance that may materially affect the availability of the Service;
• provide technical support by email.

The Provider may:

• engage third parties (infrastructure providers and other contractors) to deliver the services, while remaining responsible to the Customer;
• update and develop the Service, provided this does not materially degrade the key characteristics of the paid plan during the period paid for;
• suspend or restrict access in the cases set out in the Terms of Service.

The Customer undertakes to:

• pay for the services on time according to the chosen plan;
• comply with the Terms of Service, in particular the acceptable use rules;
• provide accurate registration and contact details and keep them up to date.

8. Liability

The Service is provided on an "as is" basis. The Provider's aggregate liability under this contract is limited to the amount actually paid by the Customer for the billing period in which the grounds for the claim arose.

The Provider is not liable for indirect damages or lost profit, nor for interruptions caused by circumstances beyond the Provider's reasonable control (infrastructure provider failures, attacks on network infrastructure and the like).

Nothing in this contract excludes or limits liability that cannot be excluded or limited under the law of Ukraine (in particular, for intentional breach of an obligation — Article 614(3) of the Civil Code of Ukraine).

9. Force majeure

A party is released from liability for failure to perform its obligations for the duration of force majeure circumstances (military action, natural disasters, large-scale failures of energy and telecommunications infrastructure, acts of public authorities and the like) that directly make performance impossible. The existence of such circumstances is confirmed by a certificate of the Ukrainian Chamber of Commerce and Industry, or by their being a matter of common knowledge.

If force majeure circumstances continue for more than 60 calendar days, either party may withdraw from the contract; in that case the Provider refunds the Customer the value of services paid for but not provided.

10. Personal data

Personal data is processed in accordance with the Privacy Policy and the Law of Ukraine "On Personal Data Protection". In respect of the data the Customer enters into its own space in the Service (in particular data about its employees), the Customer acts as the data controller and the Provider as the processor, processing it solely on the Customer's instructions in order to provide the services.

11. Dispute resolution

The parties apply a pre-trial (claim) procedure: a claim is sent by email and considered within 20 business days. If no agreement is reached, the dispute is referred to a court in accordance with the law of Ukraine. The contract is governed by the substantive law of Ukraine.

12. Term and amendments to the offer

The offer is valid indefinitely from the moment of publication. The Provider may amend the offer; a new edition is published on this page with its date and applies to relations arising after publication.

Customers with an active paid subscription are notified of material changes by email at least 10 calendar days before they take effect. If the changes materially worsen the Customer's position and the Customer does not agree with them, the Customer may withdraw from the contract before the changes take effect, with a refund of the value of the paid but unused period. Continuing to use the Service after a new edition takes effect constitutes agreement with it.

13. Provider details

FOP (individual entrepreneur) Mykhailo Vasylovych Piddubchenko
Tax number (RNOKPP): 3758905818
Address: 2 Vinnytska St., Monastyryshche, Uman district, Cherkasy region, 19101, Ukraine
IBAN: UA933220010000026003370023537
Tax status: individual entrepreneur, group 3, simplified taxation system
Email: mail@smartoks.com.ua
Phone: +38 (095) 040-07-62