Terms of access and use (Offer)

These Terms of Access and Use (hereinafter referred to as the “Agreement”) constitute a public offer to enter into an agreement between EASY BUSY LLC (hereinafter referred to as EasyBusy) and any individual entrepreneur, legal entity, or individual engaged in business activity and using the Service for granting access to the Service for the purpose of conducting business activity (hereinafter referred to as the Client), which, together with the Privacy Policy, governs the procedure for providing services to the Client.

The subject of this Agreement is the provision by EasyBusy of a set of Services for granting access to the software Service EasyBusy Chats for centralized management of customer communications through messengers, social networks, chat widgets, telephony, email and/or other integrated communication channels, as well as automation of the processing of inquiries, messages, leads, and related business processes in accordance with the functional capabilities of the Service and the terms of this Agreement.

This Agreement contains all essential terms of the service agreement. In the event of acceptance of all the terms set out below and payment for the services, the Client becomes a person who has accepted the terms of this offer (accepted the offer), which is equivalent to entering into an agreement under the terms defined by this Agreement. If any terms defined by this Agreement are not accepted by a person intending to use the Service, such person has no right to use the Service provided under this Agreement.

The provisions of the Law of Ukraine “On Consumer Protection” and the Law of Ukraine “On Digital Content and Digital Services” apply to the legal relations of the parties only in cases where the Client is recognized as a consumer within the meaning of Ukrainian legislation. By accepting this Agreement, the Client confirms that they use the Service exclusively within the scope of their business activity.

By accepting this Agreement, the Client confirms that they acquire access to the Service exclusively for purposes related to carrying out business activity, and not for personal needs, and therefore are not a consumer within the meaning of Ukrainian legislation.

By registering to use the Service, the Client, as well as the persons to whom the Client grants access to their account, namely Administrators and Users, agree to comply with the terms of this Agreement.

Definitions of Terms

Service – the EasyBusy Chats software online service available at: https://easy-busy.chat, which provides centralized connection, processing, routing, storage, and administration of customer communications through messengers, social networks, chat widgets, telephony, email and/or other integrated communication channels, as well as automation of the processing of inquiries, messages, leads, and related business processes.

User – an individual who has access to the Service granted by the Client or the Administrator.

Client – an individual entrepreneur, legal entity, or individual engaged in business activity and using the Service for granting access to the Service for the purpose of conducting business activity.

Administrator – an individual appointed by the Client as the main administrative contact for making decisions related to Service management, connection or disconnection of communication channels, granting or terminating access to the Service, and resolving technical issues, who is authorized by the Client to administer access to the Service, as well as appoint additional Administrators and/or Users. The first person registered in the Service on behalf of the Client is considered the Administrator.

Account Data – information stored by EasyBusy that allows identification of the Client, Administrator, or User, and also provides access to the Service and its functional capabilities.

Account – a record in the EasyBusy system that stores data allowing identification of the administrator and/or user.

Technical Support – a set of measures that may be carried out by EasyBusy within the limits and scope established by it in order to ensure the functioning of the Service, including informational and advisory support on matters related to the use of the Service.

Content – any information, messages, files, documents, images, communication records, contact details, or other materials that the Client, Administrator, or User uploads, transfers, stores, or processes using the Service.

Communication Channel – a digital communication channel integrated into the Service for communication with customers, including messengers, social networks, chat widgets on websites, email, telephony, or other services of third-party providers.

Services for Granting Access to the Service – services provided by EasyBusy and including:

technical support services;
granting access to use the Service.

1. Terms of Use of the Service. Security and Access

1.1. Before granting the Client access to use the Service, EasyBusy may perform initial Service setup, connection of communication channels, integration, and adaptation of the Service to the Client’s needs.

1.2. Only registered Clients, their Administrators, and Users are entitled to use the Service. To gain access to the Service, persons must provide their full name (designation), a valid email address, and other information necessary for registration.

1.3. For registration, the Client undertakes to provide truthful and complete information about themselves and their Administrators/Users within the limits provided by the registration form, and also to keep this information up to date. If the Client, Administrator, or User provides inaccurate information, or EasyBusy has grounds to believe that the provided information is incomplete, outdated, or erroneous, EasyBusy has the right, at its own discretion, to block or delete the account of the Client, Administrator, or User, and also to prohibit the use of the Service.

1.4. EasyBusy reserves the right at any time to require the Client and/or Administrator to confirm the data specified during registration and to request relevant documents in this regard. Failure to provide such documents, at EasyBusy’s discretion, may be equated with providing inaccurate information.

1.5. During registration, the Client or Administrator specifies their email address, which may subsequently be used as a login for access to the Service, and creates a password for access to the account. EasyBusy has the right to prohibit the use of certain logins, as well as to set requirements for the login and password, including length, complexity, and permitted characters.

1.6. The Client, Administrator, and User shall independently bear responsibility for the security of the password chosen by them, and shall independently ensure the confidentiality of their account credentials.

1.7. Each Client is assigned a unique identifier for access to the Service. The Client undertakes to ensure that each Administrator’s or User’s name is used exclusively within the scope of the Client’s activities and is not transferred to other persons.

1.8. The Administrator must have proper authority to administer and use the Service on behalf of the Client, and also has the right to grant access to additional Administrators and/or Users. The Administrator has the right to terminate any User’s access to the Service.

1.9. In the event of termination of access to the Service, EasyBusy interacts with the Client or the authorized Administrator regarding deletion of the relevant account data and providing the possibility to export the Content within the limits provided for by this Agreement.

1.10. EasyBusy provides access to the Service primarily through a web interface, as well as through other interfaces or functional modules if they are available under the relevant tariff or Service functionality.

1.11. EasyBusy uses secure methods of authentication and access to the Service, in particular by:
a) managing user passwords and protecting passwords using modern technical means;
b) transmitting passwords and authentication data in encrypted form.

1.12. The Client bears full responsibility for maintaining the confidentiality of User names, passwords, and other codes related to access to the Service. If such data is transferred to third parties or falls into the hands of malicious actors, the Client assumes all risks associated with the security of access to the Service, including risks of data leakage, unauthorized access to information, and possible negative consequences for themselves or other persons. EasyBusy shall not be liable for consequences caused by the Client’s failure to comply with the requirements for protection of account credentials. The Client is also responsible for ensuring that the Content complies with legal requirements.

1.13. The Client undertakes to comply with policies and procedures for preventing unauthorized use of account credentials and to immediately notify EasyBusy of any suspicion of password loss or unauthorized use thereof by third parties.

1.14. EasyBusy notifies the Client of any actions or events which, in EasyBusy’s opinion, may lead or have already led to unauthorized access, disclosure, use, or damage to the Client’s Content, if such notification is possible and appropriate given the nature of the incident.

1.15. In the event of a breach of security or the procedure for authentication of access to the Service, EasyBusy cooperates with the Client in order to determine the causes of the breach, identify altered Content, and also provides reasonable assistance in investigating and preventing a repeated breach.

1.16. EasyBusy takes measures to protect the Content and ensure its reliable storage, taking into account the level of technological development, the nature of the processed data, and the cost of implementing such measures.

1.17. The Client, Administrator, and the Client’s Users undertake not to perform independently and not to allow other persons to perform the following actions:

provide access to the Service for rent, lease, or temporary use;
use the Service by broadcasting it on Internet websites, both on a commercial and non-commercial basis;
modify the Service, its design, or appearance;
create conditions for the use of the Service by persons who do not have rights of access to and use of the Service, except for the Client’s Users;
publish any fragments and components of the Service, including by making them available for copying;
attempt to bypass the technical limitations of the Service;
transfer rights to use the Service to third parties;
use the Service for unauthorized mass messaging, spam, phishing, or other unlawful communication;
use communication channels connected to the Service in violation of the rules or policies of third-party providers of such channels.

1.18. By accepting this Agreement, the Client confirms understanding that:

the Service is provided in the form of a digital service;
the process of initial setup, channel connection, integration, and adaptation of the Service to the Client’s needs may be individualized;
the functionality of the Service may depend on the operability of third-party services, messengers, social networks, telephony operators, mail services, and other integrated providers.

1.19. Acceptance of this Agreement shall be deemed to be the performance by the Client of one or more of the following actions:

registration of an account in the Service;
confirmation of agreement with this Agreement by checking the relevant box (checkbox) during registration or at the start of using the Service;
payment of an invoice, bill, or tariff plan;
the start of actual use of the Service or any of its functionality.

Performance of any of the specified actions means the Client’s full and unconditional acceptance of the terms of this Agreement.

2. Intellectual Property

2.1. The Service is the result of intellectual activity and an object of copyright and related rights, as well as other intellectual property rights of EasyBusy, protected by the legislation of Ukraine and the norms of international law.

2.2. The Service’s operating algorithms, software code, interfaces, architecture, databases, technical documentation, and other components of the Service, including their separate parts, are trade secrets and/or objects of EasyBusy’s intellectual property rights. Any use thereof in violation of the terms of this Agreement shall be considered a violation of EasyBusy’s rights and shall be sufficient grounds for termination of the Client’s access to the Service.

2.3. EasyBusy guarantees that it has all necessary rights to grant the Client access to the Service to the extent provided for by this Agreement.

2.4. The Client is granted a limited, non-exclusive, non-transferable right to use the Service’s functional capabilities and to place their Content therein within the limits defined by the selected tariff and the terms of this Agreement.

2.5. EasyBusy does not review the Client’s Content on a permanent basis and does not acquire any intellectual property rights to the Client’s Content, except for rights necessary for the technical operation of the Service, its functions, storage, transmission, and processing of the Content in the Client’s interests.

2.6. The Client undertakes to familiarize their Administrators and Users with the contents of this Agreement and ensure their compliance with its provisions. The Client is responsible for the acts and omissions of their Administrators and Users when using the Service.

2.7. The Client has no right to copy, resell, duplicate, reproduce, decompile, disassemble, adapt, or otherwise alienate the Service or any part thereof. The Client, Administrators, and Users undertake to use the Service exclusively for the Client’s internal business activity.

2.8. This Agreement does not grant the Client, Administrators, or Users any rights to use EasyBusy’s trademarks, logos, domain names, trade names, or other intellectual property objects, except for the right to use them within the scope directly necessary for lawful use of the Service.

2.9. The Client has no right to upload, publish, transmit, store, or distribute through the Service viruses, malicious software, self-replicating programs, or any other destructive codes.

2.10. The Client acknowledges and agrees that all exclusive and other rights to the Service belong to EasyBusy. The Client has the right to use the Service exclusively through the official interfaces and methods of access provided by EasyBusy.

2.11. EasyBusy reserves the right at any time, at its sole discretion, to take action with respect to Content that violates the terms of this Agreement, the rights of third parties, or the requirements of law, including its temporary blocking or deletion.

2.12. EasyBusy reserves the right at any time to add, modify, or discontinue, temporarily or completely, certain functional capabilities of the Service, with or without notifying the Client, except where changes materially reduce the functionality of the Service for the Client’s current tariff. In such case, EasyBusy shall notify the Client no later than 30 calendar days in advance, and the Client shall have the right to terminate use of the Service.

2.13. EasyBusy reserves the right to temporarily suspend access to the Service for the purposes of maintenance, repair, or installation of updates. In the event of a planned suspension, EasyBusy shall send notice at least 3 business days in advance, if technically possible. If urgent action is necessary to protect the Service, EasyBusy shall have the right to temporarily restrict access without prior notice.

2.14. The Client has the right to regularly save or export their Content to third-party or independently selected services using the technical means provided by the Service, subject to compliance with EasyBusy’s intellectual property rights and the restrictions established by this Agreement.

3. Payment, Change of Access Rights and Use of the Service

3.1. The cost of the Services for granting access to the Service may include the cost of initial Service setup, connection of communication channels, integration, and adaptation of the Service to the Client’s needs, as well as the cost of supporting the correct operation of the Service, unless otherwise provided by the tariff, commercial offer, or invoice.

3.2. All payments include VAT only if this is expressly stated in the invoice, bill, or other settlement document.

3.3. Payment for the Services for granting access to the Service shall be made by the Client in non-cash form by transferring funds through the personal account or under an invoice issued by EasyBusy to the details specified therein.

3.4. If the Client is an individual, a self-employed person, or an individual entrepreneur, payment may be made using payment systems through the website https://easy-busy.chat. If the Client is a legal entity or an individual entrepreneur and chooses payment by invoice, payment shall be made on the basis of an invoice or bill issued by EasyBusy. Certain payment methods may involve fees charged by payment intermediaries or banks.

3.4.1. Invoices, bills, service completion certificates, and other settlement or primary documents may be generated by EasyBusy in electronic form and sent to the Client via email, personal account, or other electronic means of communication. Such documents may be recognized by the parties as proper documents confirming the fact of service provision and payment therefor.

3.5. The amount of payment for the Services for granting access to the Service depends on the selected tariff, the number of connected channels, users, the scope of available functionality, additional modules, integrations, and other parameters of Service use specified on the website https://easy-busy.chat or in an individual commercial offer.

3.6. Payment for the Services for granting access to the Service shall accrue according to the selected tariff plan: monthly, annually, or for another period agreed by the parties. Unless otherwise provided by the tariff or invoice, payments are non-refundable, except in cases expressly provided for by this Agreement.

3.7. In the event of non-payment for the Services for granting access to the Service within 10 calendar days from the date when the payment obligation arises, or if there is a negative balance, EasyBusy has the right to block access to the Service until full payment is made. The moment of payment shall be deemed the crediting of funds to EasyBusy’s account.

3.8. In addition to payment for the Services for granting access to the Service, the Client may incur additional costs related to the use of the Service, including but not limited to payment for Internet access, communication operator services, fees of third-party communication channel providers, payment system fees, the cost of numbers, accounts, subscriptions, APIs, or other third-party services.

3.9. EasyBusy has the right to unilaterally change the cost of tariffs by posting updated information on the website https://easy-busy.chat. Such changes shall take effect from the moment of publication unless otherwise specified at publication. In case of a change in tariff costs for current Clients, EasyBusy shall notify them at least 30 calendar days in advance by sending a notice to the Client’s email or by another method through the Service.

3.10. If the Service is unavailable due to reasons arising through EasyBusy’s fault, the fee for the Services for granting access to the Service may be recalculated, and the Client may be granted an additional period of Service use proportionate to the period of actual unavailability, unless otherwise follows from the nature of the violation or the tariff conditions.

3.11. Rights of access to and use of the Service canceled before the end of the current billing period shall not be transferred to the next billing period unless otherwise expressly agreed by EasyBusy.

3.12. In the event of the Client’s refusal of the Services for granting access to the Service, EasyBusy has the right not to refund the funds paid by the Client, unless otherwise expressly provided by this Agreement, the tariff, or a separate written agreement of the parties.

3.13. This rule is due to the fact that the Client may be provided with services for initial Service setup, channel connection, integration, and adaptation of the Service to their needs, which are an integral part of the Services for granting access to the Service, as well as the fact that after setup access to the Service may be granted immediately.

3.14. EasyBusy has the right not to refund the funds paid by the Client if EasyBusy has started the process of initial Service setup, channel connection, integration, or adaptation of the Service to the Client’s needs, and the Client, after the start of provision of such services, refuses the Agreement or refuses to use the Service.

3.15. By accepting this offer, the Client expressly and unequivocally confirms that they understand the special nature of the Services for granting access to the Service and agree that a refund may be impossible in view of the nature of services already provided, which may include individual setup, integration, and adaptation of the Service to the needs of a particular Client.

4. Term of the Agreement and Termination of the Right of Access to and Use of the Service

4.1. The term of this Agreement begins from the moment the Client accepts the offer and remains effective until the termination of the use of the Service at the end of the relevant tariff period or on other grounds provided for by this Agreement.

4.2. Either party to this Agreement has the right to terminate it in the event of a material breach by the other party of the terms of this Agreement by notifying the other party in writing.

4.3. In the event of the Client’s breach of the terms of this Agreement, EasyBusy has the right to unilaterally terminate this Agreement by notifying the Client no later than one business day before the date of such termination, without payment of any compensation, unless otherwise expressly provided by law.

4.4. If the Client intends to cancel the right of access to and use of the Service or cancel the account, the Client or the Administrator has the ability to do this independently within the functionality of the Service or by contacting EasyBusy if such functionality is unavailable.

4.5. The Client must delete or export their Content from the Service before termination of this Agreement. EasyBusy has the right to delete or destroy Content stored in the Service 14 calendar days after termination of the Agreement or termination of the right of access to and use of the Service, unless another term is provided by the tariff, technical capabilities, or written agreement of the parties. EasyBusy is not obliged to separately notify the Client of such deletion after termination of the Agreement.

4.6. In the event of termination of the provision of the Service for any reason, the Client has 14 calendar days to transfer their Content elsewhere, unless another term is separately communicated by EasyBusy. After termination of the Agreement or termination of the right of access to and use of the Service, EasyBusy may, but is not obliged to, provide the Client with access to their Content on a paid basis.

5. Confidential Information. Personal Data Protection

5.1. Each party undertakes to treat as confidential all information received from the other party in connection with the performance of this Agreement, not to use it outside the scope of performance of this Agreement, and not to disclose it to third parties, except in cases expressly provided by law or this Agreement.

5.2. The Client, who within the meaning of the Law of Ukraine “On Personal Data Protection” may act as the owner, manager, or recipient of personal data in relation to their employees, clients, counterparties, or other personal data subjects, as well as EasyBusy, undertake to comply with the requirements of the said Law when processing personal data, including in information and automated systems.

5.3. By accepting this Agreement, the Client guarantees that they have all proper legal grounds for the collection, registration, accumulation, storage, adaptation, modification, updating, use, dissemination, transfer, depersonalization, blocking, and destruction of personal data and other information constituting the Content, including when using them through the Service.

5.4. EasyBusy takes the necessary actions to ensure the preservation of personal data and to counter unauthorized processing, loss, damage, or destruction thereof. EasyBusy processes personal data within the limits necessary to provide the Service, perform this Agreement, ensure technical support, security, and functioning of the Service.

5.5. Within the use of the Service, the Client may act as the owner or manager of personal data relating to their employees, clients, or other persons.

In such a case, EasyBusy processes personal data exclusively for the purpose of granting access to the Service, ensuring its functioning, technical support, security, and data storage, acting within the Client’s instructions and in accordance with the legislation of Ukraine.

6. Liability

6.1. For violation of the terms of this Agreement, the parties bear liability provided by the legislation of Ukraine and this Agreement.

6.2. EasyBusy shall not be liable to the Client, Administrators, or Users for any indirect damages, lost profit, loss of income, profit, information, or business reputation related to the use or inability to use the Service, unless otherwise expressly provided by mandatory provisions of the legislation of Ukraine.

6.3. EasyBusy shall be released from liability for non-performance or improper performance of this Agreement if this occurred as a result of force majeure circumstances, actions or omissions of third parties, accidents in communication networks, malfunctions of third-party platforms, messengers, social networks, telephony operators, data centers, infrastructure providers, or other circumstances beyond the reasonable control of EasyBusy.

6.4. If the Client, Administrator, or the Client’s User carries out the activity provided for in clause 1.17 of this Agreement, or allows other persons to carry out such activity, EasyBusy has the right to restrict the violator’s use of the Service and demand compensation for damages caused by such violation. If penalties are separately agreed by the parties, they shall apply in the corresponding agreed amount.

6.5. If the Client, Administrator, or the Client’s User violates EasyBusy’s intellectual property rights provided for in Section 2 of this Agreement, EasyBusy has the right to restrict use of the Service and demand compensation for damages, as well as apply other remedies provided by the legislation of Ukraine.

6.6. If the Client, Administrator, or the Client’s User violates the confidentiality and data protection rules provided for in Section 5 of this Agreement, EasyBusy has the right to restrict use of the Service and demand compensation for damages caused by such violation.

7. Technical Support

7.1. EasyBusy provides technical support to Clients, Administrators, and Users on matters related to the functionality of the Service, specific features of its use, supported configurations, integrations, and technical aspects of the operation of the Service.

7.2. The Client, Administrators, and Users have the right to contact EasyBusy’s technical support service without payment of additional remuneration within the limits of basic support, unless otherwise provided by the tariff, scope of work, or nature of the request. Work on individual setup of integrations, communication channels, or separate functionality may be provided for an additional fee.

7.3. For the purpose of providing technical support, EasyBusy has the right to require the Client, Administrators, or Users to provide information regarding account data and/or data of third-party services integrated with the Service to the extent necessary to diagnose and resolve the issue.

7.4. Technical support for Clients with active access to the Service is provided through in-app chat, email, telephone, messengers, or other communication channels designated by EasyBusy. Up-to-date contact information is posted on the EasyBusy website.

8. Other Terms

8.1. Each party agrees to perform this Agreement in accordance with the legislation of Ukraine. All disputes that may directly or indirectly arise from this Agreement shall be resolved in accordance with the current legislation of Ukraine.

8.2. The Client undertakes to compensate EasyBusy for damages that may arise as a result of the Client’s, their Administrators’, or Users’ breach of the obligations established by this Agreement. EasyBusy notifies the Client of any claim or damage that is directly or indirectly related to such breach. The Client undertakes to assist EasyBusy in defending against any claims, lawsuits, or complaints of third parties if they arise as a result of the Client’s breach of the terms of this Agreement.

8.3. The Service may be incompatible with certain devices, browsers, operating systems, hardware configurations, or third-party services of the Client. EasyBusy does not guarantee that the Client will achieve any specific commercial, financial, organizational, or other result from using the Service.

8.4. This Agreement constitutes the entire agreement between EasyBusy and the Client regarding the use of the Service and supersedes all prior agreements between the parties on this subject matter, unless otherwise expressly agreed in writing.

8.5. EasyBusy has the right to engage third parties to support the operability of the Service, its hosting, administration, technical support, integrations, and other related processes, while remaining responsible to the Client within the limits of this Agreement.

8.6. Neither party has the right to transfer its rights or obligations under this Agreement to third parties without the prior written consent of the other party, except in cases of merger, accession, reorganization, sale of the business, or transfer of the relevant line of business, if the successor agrees to comply with this Agreement.

8.7. EasyBusy may provide the possibility of integrating the Service with products or services of third-party providers. Such integrations are used by the Client at their own risk. EasyBusy shall not be liable for the consequences of operation, malfunctions, restrictions, blocking, changes of policies, or termination of operation of such third-party services. EasyBusy has the right to modify, restrict, or terminate certain integrations if this is caused by technical, legal, commercial, or security reasons.

8.8. Unavailability of the Service within the meaning of clause 3.10 of this Agreement means any period of time exceeding 60 consecutive minutes during which the Client, Administrator, or User is unable to access the core functionality of the Service due to failure or malfunction on EasyBusy’s side, excluding planned maintenance and failures caused by third-party services or networks.

8.9. In all matters not regulated by this Agreement, the Client and EasyBusy shall be governed by the current legislation of Ukraine.

8.10. EasyBusy has the right to unilaterally change the terms of this Agreement by posting the amended text on the website https://easy-busy.chat. In the event of amendments, such amendments shall take effect from the moment of publication unless another effective date is specified upon publication.

9. EasyBusy Contact Information

EASY BUSY LLC
EDRPOU code: 45543310
Record of state registration of a legal entity No. 1000681020000067374 dated 05.07.2024
Account No.: UA603052990000026002046255252 at JSC CB “PrivatBank”
Address: Ukraine, 03188, city of Kyiv, Akademika Zabolotnoho Street, building 5, корпус B

Email: support@easy-busy.cloud
Phone: +38 073 146 90 99