PUBLIC OFFER AND TERMS OF USE OF THE YEMISCE.COM SERVICE

1. GENERAL PROVISIONS AND LEGAL BASIS

1.1. This Public Offer (hereinafter the ‘Offer’ or the ‘Agreement’) is the official irrevocable public offer of Individual Entrepreneur Marchenko A.V. (hereinafter the ‘Provider’), acting under the laws of Ukraine, to enter into an Agreement for the provision of access to software under the SaaS (Software as a Service) model through the website yemisce.com and related mobile applications (hereinafter the ‘Service’).

1.2. Pursuant to Articles 633, 634, 641 and 642 of the Civil Code of Ukraine, the Law of Ukraine ‘On Electronic Commerce’ and the Law of Ukraine ‘On Personal Data Protection’, this Agreement is a public contract and a contract of adhesion. The terms of the Agreement are the same for all Users and may not be amended individually at the User’s initiative.

1.3. The User fully and unconditionally accepts the terms of this Offer by taking an affirmative action (Click-wrap consent) on the order placement page (Checkout) before making payment, namely by selecting the relevant element (checkbox): ‘I accept the terms of the Public Offer and the Data Processing Agreement (DPA), have read the Privacy Policy and agree to automatic subscription renewal in accordance with the selected period’, and subsequently proceeding to payment for the services.

1.4. By accepting this Offer, the User warrants that they have the necessary civil legal capacity and full authority to enter into the Agreement on their own behalf or on behalf of the business entity (beauty salon, studio, specialist) they represent.

2. TERMS AND DEFINITIONS

• Account — the User’s personal profile in the yemisce.com Service, created upon registration, containing settings, business data, schedules and booking timetables.
• Free Trial Period (Trial) — a test period of access to the Service’s functionality without charge, the duration and conditions of which are determined by the Provider.
• User (B2B Client) — an individual entrepreneur, legal entity or self-employed specialist (beauty salon, barbershop, cosmetology practice, etc.) who has entered into this Agreement to automate their own business activities.
• User’s End Client — an individual who uses the User’s services and whose data (name, telephone number, booking history) is entered by the User into the Service’s database.
• Subscription — a paid service granting non-exclusive access to the Service’s software for the selected billing period (month/year).
• FX Quote (Exchange Rate Quote) — an invoice amount in Ukrainian hryvnias (UAH), fixed for a limited time (10 minutes), calculated by the Service when the User selects a plan in a foreign currency (EUR, PLN, etc.).

3. SUBJECT MATTER OF THE AGREEMENT AND LICENCE TERMS

3.1. The Provider undertakes to provide the User with access to the yemisce.com cloud software under the SaaS model, and the User undertakes to pay for the services in accordance with the selected pricing plan and to comply with the terms of this Agreement.

3.2. The User is granted a non-exclusive, limited, revocable licence, which may not be transferred to third parties (non-transferable), to use the Service solely for their own professional and business needs during the term of the paid Subscription.

3.3. The Service is designed to automate client bookings, maintain an electronic calendar and schedule, manage a client database, provide analytics and send technical notifications. The Service is solely a technology platform and is not a party to any contracts or settlements between the User and their End Clients.

4. SERVER INFRASTRUCTURE AND DATA LOCATION

4.1. All databases and server equipment of the yemisce.com Service are physically located in certified data centres in the Federal Republic of Germany (European Union) that comply with ISO/IEC 27001 security standards and the requirements of the EU General Data Protection Regulation (GDPR / RODO).

4.2. Storage of databases in Germany fully complies with Article 29 of the Law of Ukraine ‘On Personal Data Protection’, as Germany is a member state of the European Economic Area and ensures an adequate level of personal data protection.

4.3. The Provider (Individual Entrepreneur Marchenko A.V.) performs solely remote technical administration, support and development of the Service from the territory of Ukraine, using encrypted communication channels (SSL/TLS) and EU Standard Contractual Clauses (SCCs).

5. SERVICE FEES, SETTLEMENT CURRENCY AND MONOBANK ACQUIRING

5.1. Base currency for settlements and fiscalisation: In accordance with the tax and currency laws of Ukraine, the Ukrainian hryvnia (UAH / ₴) is the sole base and official currency for the Provider’s settlements, pricing plans, fiscal receipts issued by software cash registers (PRRO) and primary accounting documents.

5.2. Payment operator and acquiring: Online payments and bank cards are accepted, and subscriptions are serviced, through the official bank acquiring service of JSC UNIVERSAL BANK (monobank acquiring / mono pay).

5.3. Settlement mechanism for foreign cards (EUR / PLN): For the convenience of international B2B clients from the EU, plan prices on the website may be displayed in a foreign currency (EUR, PLN, etc.). When an order is placed, the Service fixes an exchange rate quote (FX Quote) for 10 minutes and generates the exact final amount payable in hryvnias (UAH), which is transmitted to the Monobank payment gateway.

5.4. Conversion by the payer’s bank: If the User’s bank card is denominated in a foreign currency (EUR, PLN, USD, etc.), the card-issuing bank automatically converts the UAH amount into the card currency at its own operating exchange rate and in accordance with the rules of the relevant international payment system (Visa/Mastercard). The Provider is not liable for exchange rate differences or international conversion fees additionally applied by the User’s bank.

5.5. Automatic subscription renewal: The Subscription is provided on the basis of regular (recurring) payments. At the end of the selected billing period, the subscription automatically renews for an equivalent term, with the fee charged at the current rate, unless the User has cancelled automatic renewal in the Account settings before the next charge date.

6. REFUND PROCEDURE (REFUND POLICY)

6.1. Services providing access to the Service are deemed to have been duly and fully provided from the moment the subscription is activated or technical access to the Account is granted.

6.2. As the Service is intended for the B2B segment (commercial use by business entities and specialists), fees paid for the current or previous subscription periods are non-refundable. If the subscription is cancelled, the User retains access to the Service until the end of the period already paid for.

6.3. An exceptional refund is possible only in the event of a proven prolonged (more than 72 consecutive hours) complete technical failure of the Service attributable to the Provider. A refund is made upon the User’s written request to the same payment instrument through Monobank bank acquiring.

7. RELATIONSHIP WITH THE DPA AND PRIVACY POLICY

7.1. The Data Processing Agreement (DPA) (Annex No. 1), concluded in accordance with Article 28 GDPR / RODO, forms an integral part of this Offer. Acceptance of the terms of this Offer simultaneously constitutes conclusion of the DPA between the User (Data Controller) and the Provider (Data Processor).

7.2. The User’s own personal data is collected and processed in accordance with the yemisce.com Privacy Policy, which the User must read when accepting this Offer. Processing is based on the legal ground of performance of a contract — Article 6(1)(b) GDPR.

8. LIMITATION OF LIABILITY (AS IS)

8.1. The Service is provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis. The Provider does not guarantee that the Service will be entirely error-free or uninterrupted, although it takes all reasonable measures to ensure uptime of at least 99.5%.

8.2. The Provider is not liable for lost revenue, lost profits, loss of the User’s client data or any indirect losses arising in connection with use of, or inability to use, the Service.

8.3. The maximum aggregate liability of the Provider for any claims or legal actions is limited to the amount actually paid by the User for the last 1 (one) month of subscription.

9. TERM AND AMENDMENT PROCEDURE

9.1. This Agreement takes effect upon acceptance by the User and remains in force throughout the period of use of the Account and the paid Subscription.

9.2. The Provider has the right to unilaterally amend the terms of this Offer by publishing a new edition on yemisce.com 10 days before the amendments take effect. Continued use of the Service after the amendments take effect constitutes the User’s full agreement to the updated terms.

10. PROVIDER’S LEGAL DETAILS

Name / Individual Entrepreneur:

Individual Entrepreneur Marchenko A.V. (ФОП Марченко А.В.)

Tax status:

Group 3 single tax payer

Taxpayer registration number (RNOKPP / TIN):

3142116891

Legal address:

Ukraine, 08324, Kyiv Region, Boryspil District, Hora village, 60 Kyivska Street

Contact email:

hello@yemisce.com

Banking partner:

JSC UNIVERSAL BANK (АТ «УНІВЕРСАЛ БАНК») (monobank acquiring)