Public Offer Agreement

This document is an official public offer by private entrepreneur Mykyta Oleksandrovych Ulianov, taxpayer number (RNOKPP) 3544906795 (the “Provider”), to enter into an agreement granting access to the FoodChain service on the terms set out below.

1. General provisions

• 1.1. Acceptance of this offer is any of the following actions: registration in the Service, authorisation through Poster, beginning to use the Service, or paying for the services. From the moment of acceptance the agreement is deemed concluded and has the force of a written contract.
• 1.2. The Client is the business entity (food service venue, chain or franchise) on whose behalf the user acts. The user confirms that they are authorised to enter into this agreement on behalf of the Client.
• 1.3. The Service is intended for use in business activity, and therefore the relationship between the parties is not governed by consumer protection legislation.
• 1.4. The Privacy Policy published at foodchain.pro/privacy/ forms an integral part of this agreement.

2. Subject of the agreement

• 2.1. The Provider grants the Client access to the Service over the internet on a subscription model, and the Client pays for that access on the terms of this agreement.
• 2.2. The right to use the Service is non-exclusive, may not be transferred to third parties, and applies for the paid period within the functionality of the relevant plan.
• 2.3. No copies of the software are handed over to the Client; the Service is provided as access to a running system.

3. Registration and account

• 3.1. Access to the Service is granted after authorisation through a Poster account and after granting the Service permission to exchange data with it.
• 3.2. The Client is responsible for keeping their access credentials confidential and for the actions of all users of their account.
• 3.3. The Client must notify the Provider immediately of any unauthorised access to their account.

4. Trial period

• 4.1. A new Client is given 14 calendar days of free use of the Service with no payment card required.
• 4.2. After the trial period ends, access continues subject to payment. Without payment, access is suspended.
• 4.3. The trial period is granted once per venue.

5. Price of services and payment procedure

• 5.1. The base subscription costs 12 US dollars per venue per calendar month.
• 5.2. Add-on modules are paid for separately: the Privat24 and Monobank integration — 3 US dollars a month; excise control with the Checkbox fiscal registrar — 5 US dollars a month.
• 5.3. Payment is made in hryvnia at the commercial US dollar selling rate of JSC “Universal Bank” (monobank) on the date the invoice is issued.
• 5.4. Payment is made in advance for the next billing period through the monobank payment service or by bank transfer against an invoice. Bank fees are paid by the Client.
• 5.5. The services are deemed rendered in full on the last day of the paid period. A certificate of services is provided at the Client's request; if no written objections are received from the Client within 5 business days, the services are deemed accepted without reservation.
• 5.6. The Provider may change the price by giving the Client at least 30 days' notice. The new price applies from the next billing period; continued use of the Service constitutes agreement with it.
• 5.7. The Provider is a third-group single tax payer and is not registered for VAT. The price of the services is not subject to value added tax.

6. Rights and obligations of the parties

6.1. The Provider undertakes to

• grant access to the Service to the extent of the paid plan;
• provide support and remedy identified faults within a reasonable time;
• protect the Client's data in accordance with the Privacy Policy.

6.2. The Provider has the right to

• suspend access if payment is more than 7 calendar days overdue;
• carry out planned technical maintenance, giving advance notice where possible;
• develop and change the functionality of the Service without materially degrading its core capabilities;
• engage third parties in providing the services, while remaining responsible for the result.

6.3. The Client undertakes to

• pay for the services on time;
• provide accurate details on registration and keep them up to date;
• observe the restrictions set out in section 7;
• independently verify the correctness of the primary documents and accounting entries generated with the help of the Service.

7. Usage restrictions

The Client is prohibited from:

• copying, decompiling or modifying the Service, or creating derivative products based on it;
• reselling access to the Service or granting it to third parties without the Provider's written consent;
• acting in a way that places an excessive load on the Service or disrupts its operation or security;
• entering into the Service data to which the Client has no rights, or data of unlawful content;
• accessing the Service by automated means outside the API that is provided.

8. Intellectual property

• 8.1. All rights to the Service, its source code, design, trademark and documentation belong to the Provider.
• 8.2. Data that the Client enters into the Service or transfers from their accounting system remains the property of the Client. The Provider uses it solely to provide the services under this agreement.
• 8.3. The Provider may use anonymised aggregated data for analytics and to improve the Service.

9. Service availability and support

• 9.1. The Provider makes reasonable efforts to keep the Service available at least 99% of the time each month, but does not guarantee uninterrupted or error-free operation.
• 9.2. Downtime does not include: planned technical maintenance, failures of third-party services (Poster, banks, fiscal registrars, telecom operators), acts or omissions of the Client, problems with the Client's internet connection, or force majeure.
• 9.3. Support is provided by email and messenger on business days from 9:00 to 18:00 Kyiv time; first response time is up to 24 hours.

10. Liability of the parties

• 10.1. The Provider's aggregate liability under this agreement is limited to the amount actually paid by the Client over the last three months.
• 10.2. The Provider is not liable for lost opportunity, indirect losses, or loss of profit or business reputation of the Client.
• 10.3. The Provider is not liable for the accuracy of data coming from third-party systems (Poster, banks, fiscal registrars), or for decisions taken by the Client on the basis of the Service's recommendations. The Client bears responsibility for primary documents and tax reporting.
• 10.4. The Client is responsible for the lawfulness of the data they enter into the Service, including the personal data of staff and counterparties, and for having a legal basis to process it.

11. Personal data

• 11.1. Personal data is processed in accordance with the Privacy Policy.
• 11.2. For data uploaded into the Service from the Client's accounting system, the Client is the controller and the Provider acts as processor on the Client's instructions. Acceptance of this offer constitutes those instructions.

12. Term, amendments and termination

• 12.1. The agreement is in force from the moment of acceptance until it is terminated on the terms of this section.
• 12.2. The Provider may change the terms of the offer by publishing a new version on this page. The Client is given at least 10 days' notice of material changes. Continued use of the Service constitutes agreement with the new version.
• 12.3. The Client may withdraw from the agreement at any time by writing to support@foodchain.pro or cancelling the subscription. Access is retained until the end of the paid period.
• 12.4. Funds for the current paid period are not refunded, except where the Service was unavailable through the Provider's fault for more than 72 consecutive hours — in which case the paid period is extended by the duration of the downtime or the funds are refunded pro rata, at the Client's choice.
• 12.5. The Provider may terminate the agreement if the Client breaches section 7 or payment is more than 30 days overdue, upon notice to the Client.
• 12.6. After the agreement ends, the Client's data is retained for 30 days so that it can be exported, after which it is deleted, except for data the Provider is required by law to keep.

13. Force majeure

The parties are released from liability for failure to perform their obligations where that failure is caused by force majeure, including military action, missile attacks, prolonged outages of electricity or communications, decisions of public authorities, natural disasters or large-scale cyberattacks. The party affected by such circumstances shall notify the other party within a reasonable time.

14. Dispute resolution

Disputes are settled through negotiation. A claim is considered within 15 business days of receipt. If no agreement is reached, the dispute is referred to a court under the legislation of Ukraine. This agreement is governed by the law of Ukraine.

15. Provider's details

Private entrepreneur Mykyta Oleksandrovych Ulianov
RNOKPP 3544906795
Third-group single tax payer, not registered for VAT
support@foodchain.pro
foodchain.pro