Public offer

This document is a public offer (the “Offer”) within the meaning of Articles 633, 641 and 642 of the Civil Code of Ukraine and sets out the terms for remote access to the KatrIva platform.

Acceptance of the Offer means any of the following: paying the plan / subscription; creating an account and/or store on the Platform; actually using the Platform after access is granted; or written (including electronic) confirmation of consent. From the moment of acceptance, an agreement on the terms of this Offer (the “Agreement”) is deemed concluded between the Parties.

1. Definitions

1. Provider — the owner and operator of the KatrIva Platform (details in section 13).
2. Customer — a sole proprietor or legal entity that has accepted the Offer and uses the Platform to sell.
3. Platform / KatrIva — the Provider’s software suite (storefront, product page, checkout, admin panel, notifications and related services), available online at katriva.com.ua and on subdomains / domains linked to the Customer’s store.
4. Store — the Customer’s tenant on the Platform: catalog, settings, orders.
5. End buyer — the end consumer who places an order for the Customer’s goods/services via the Store storefront. The sale contract is between the Customer and the End buyer; the Provider is not a party to that transaction.
6. Plan — the scope and price of the Service published on the Website and/or in a commercial proposal (including the Standard plan).
7. Service — providing the Customer with remote access to the Platform under the selected Plan.
8. Website — the Provider’s marketing site https://katriva.com.ua and related pages.

2. Subject matter

1. The Provider grants the Customer a non-exclusive right of remote access to the Platform under the SaaS model, and the Customer pays for the Service according to the Plan.
2. The Service does not include transfer of source code, installation of software on the Customer’s infrastructure (except for separately agreed work), and is not a contract for the sale of goods to End buyers.
3. Payments for End buyers’ orders go directly to the Customer under the Customer’s own payment details and instructions. The Provider does not collect or hold payment for the Customer’s goods and does not take a percentage of sales (unless expressly stated in the Plan).
4. The Service is provided “as is” and “as available”. The Provider does not guarantee continuous or error-free operation of the Platform. Any availability figures, if published, are informational only, unless expressly set out in a separate SLA.
5. The Provider does not warrant that the Platform will meet the Customer’s individual expectations, goals or business needs.
6. The Provider may add, change or discontinue individual Platform features without the Customer’s prior approval, provided this does not make the Service entirely unusable for its intended purpose.
7. The Provider may engage third parties (subcontractors, hosting providers, data centres, payment and other services) to perform its obligations under the Agreement without separate Customer consent.

3. Access

1. Access is granted after onboarding is agreed (including a pilot) and/or the Plan is paid — by creating a Store, an admin account and configuring the domain.
2. The Customer must provide accurate data and keep login credentials confidential. Actions performed with the Customer’s credentials are deemed the Customer’s actions.
3. The Customer independently places product links on social media and is responsible for the content of those publications.
4. The Provider may set and change technical limits on the number of products, storage volume, number of orders, API requests, number of administrators and other usage parameters — according to the Plan or a separate notice on the Website / to the Customer, provided such changes do not apply to an already paid billing period, unless required to ensure the security or stability of the Platform.
5. The Provider does not acquire rights to the Customer’s domain names and is not liable for their registration, renewal or loss, unless otherwise agreed by the Parties.

4. Plans and payment

1. Current Plans are published on the Website. During the pilot stage a special price may apply, locked in individually.
2. The Service is paid monthly (or another period by agreement) by bank transfer to the Provider’s details. The payment method is confirmed during onboarding.
3. The Provider may change Plans by publishing a new version on the Website. For an already paid period, terms remain until it ends, unless otherwise agreed. If a new Plan worsens terms for the Customer, the Customer may within 7 calendar days of publication of the changes refuse the Service without penalty; in that case access continues until the end of the already paid period.
4. If payment is overdue, the Provider may limit or suspend Store access until the debt is paid, notifying the Customer by an available channel (e-mail, messages via the Platform interface, messengers or other available means of communication).

5. Rights and obligations

1. The Provider keeps the Platform operational under section 2; releases updates; and may perform maintenance with prior notice when possible.
2. The Customer must: comply with Ukrainian law when selling goods/services; pay taxes on their sales; publish accurate information about products, prices, delivery and payment; not use the Platform for illegal content or fraud; not bypass technical limits or disrupt the Platform. By accepting the Offer, the Customer (or its representative) confirms full legal capacity and authority to enter into the Agreement.
3. The Customer is prohibited from using the Platform to sell goods or services whose circulation is forbidden or restricted under Ukrainian law, including but not limited to: narcotics and precursors; weapons and ammunition; alcoholic beverages and tobacco products without proper licences / permits; medicinal products without compliance with special regulation; counterfeit goods; financial pyramids; gambling without a required licence; goods or content that infringe third-party intellectual property; and other goods/services prohibited or restricted by law.
4. The Customer is also prohibited from: decompiling, disassembling or reverse-engineering the Platform; copying or reproducing Platform functional elements outside ordinary use; using automated means for unauthorised data collection (scraping, etc.); transferring Store access to third parties without the Provider’s consent.
5. The Provider may limit, suspend or block access to the Platform (as a whole or to a Store) without prior notice only in the following cases: (a) detection of fraud or illegal / prohibited content or goods; (b) receipt of a request from public authorities; (c) an immediate threat to the security of the Platform or third parties (including attempts at unauthorised access or critical load threatening stability). In all other cases of breach of the Offer, the Provider notifies the Customer and allows a reasonable period (at least 3 business days) to remedy the breach before applying restrictions.
6. Disputes between the End buyer and the Customer about product quality, returns, delivery and payment for goods are resolved between them. The Provider may help with Platform usage but does not handle claims under Customer–End buyer deals.

6. Personal data

1. The Provider processes data needed to deliver the Service (Customer account, technical logs, order data to the extent submitted to the Platform).
2. The Customer is the owner of End buyers’ personal data within the meaning of the Law of Ukraine “On Personal Data Protection”, and the Provider is the administrator of such data to the extent required to operate the Platform. Where the Service extends to EU residents, the Customer acts as controller and the Provider as processor within the meaning of the GDPR.
3. End buyers’ personal data is processed in accordance with the Law of Ukraine “On Personal Data Protection”, and where the Service extends to EU residents — also in accordance with the GDPR. The detailed procedure is set out in the Platform’s Privacy Policy, which is an integral part of this Offer from the moment it is published on the Website. Acceptance of the Offer also means the Customer’s consent to the Privacy Policy regarding data processing for delivering the Service.
4. The Customer warrants that they have all necessary legal grounds to collect and transfer End buyers’ personal data to the Provider for delivering the Service, and to fulfil any duties to inform End buyers (including via the Store’s privacy policy, where required).
5. Cookies, analytics and marketing communications are governed by the Privacy Policy. Marketing messages and non-essential cookies are used only with separate consent of the data subject (where required by law) and may be withdrawn.

7. Intellectual property

1. Exclusive rights to the Platform, trademarks, design and code belong to the Provider (or licensors).
2. The Customer receives a limited, non-exclusive, non-transferable licence to use the Platform during the paid Plan period.
3. Store content (photos, descriptions, Customer logo) remains the Customer’s or their licensors’ property; the Customer warrants they have the right to publish it.

8. Liability

1. The Provider does not guarantee uninterrupted Internet, social networks, messengers, or the Customer’s / End buyer’s devices.
2. The Platform may integrate with third-party services (including messengers, payment systems, CDN, e-mail, domain registrars, hosting). The Provider does not guarantee continuous operation of such services and is not liable for their availability, functioning or changes to their terms of use.
3. The Provider is not liable for lost profits, loss of revenue, reputational harm, loss of customer base, or indirect, incidental or punitive damages — regardless of the cause, even if the Provider was advised of the possibility of such damages.
4. The Provider is not liable for Customer losses caused by End buyers, errors in Customer data, social-account bans, third parties (payment systems, carriers), or by access limits or blocks under this Offer.
5. The Provider may back up data at its own discretion and does not guarantee restoration of any Customer data unless expressly provided in the Plan. The Customer is solely responsible for keeping copies of critically important information.
6. The Customer acknowledges and agrees that use of the Platform involves a risk of loss or corruption of data due to technical failures, third-party acts, force majeure or other causes beyond the Provider’s control.
7. The Provider’s total liability under the Agreement is limited to the amount actually paid by the Customer for the Service for the last paid billing period (month). The liability limits in this section do not apply in cases of intentional breach on the part of the Provider.
8. The Customer shall defend, indemnify and hold harmless the Provider from any claims, losses, fines, costs and legal expenses arising from the Customer’s breach of law or third-party rights, and from Store content and goods/services.

9. Term, changes and termination

1. The Agreement runs from acceptance until terminated by the Parties.
2. The Customer may stop the Service by notifying the Provider. Fees for a started billing period are generally non-refundable unless otherwise agreed (pilot / custom terms).
3. The Provider may terminate the Agreement and/or limit, suspend or block access in the cases and manner set out in clause 5.5 of this Offer, as well as for non-payment (after notice of outstanding debt, except for immediate blocking under clause 5.5).
4. After the Agreement ends, Store data is retained for at least 30 calendar days. The Provider notifies the Customer of impending data deletion at least 7 calendar days before that period expires (if Customer contact details are available). After the period expires, the Provider may delete Store data and related content, unless another period is set in the Plan, in writing or by law.
5. During the Agreement and the 30-day period stated above, the Customer may export the catalog and orders in a basic structured format (including CSV), if such a feature is available in the Plan / interface. If automatic export is unavailable, export may be provided as a paid add-on or manually upon a reasonable Customer request within the Provider’s technical capabilities.
6. The Provider may amend the Offer by publishing a new version on the Website. The new version takes effect 7 calendar days after publication, unless another period is stated on the Website. Continued use of the Platform after it takes effect means acceptance of the new version. If changes materially worsen terms, the Customer may refuse the Service without penalty within those 7 days.

10. Force majeure

1. The Parties are released from liability for partial or full non-performance due to force majeure (natural disasters, war, government acts, major telecom outages, etc.) if those events affected performance of the Agreement.
2. A Party affected by force majeure must notify the other Party within a reasonable time after becoming aware of such circumstances.

11. Disputes

1. Disputes are resolved by negotiation. A claim is sent to the Provider’s e-mail; response time is 15 calendar days.
2. Customer claims regarding Service quality are accepted within 30 calendar days from the occurrence of the relevant circumstances.
3. The Parties’ relations are governed exclusively by the law of Ukraine, regardless of the Customer’s location. If no agreement is reached, disputes are heard in a court at the Provider’s place of registration / location, unless mandatory rules require otherwise.

12. Miscellaneous

1. Invalidity of any provision does not affect the rest of the Offer.
2. Matters not covered by the Offer are governed exclusively by the law of Ukraine.
3. If translations conflict, the Ukrainian version on the Website prevails (offer.uk.html).
4. The Parties recognise the legal effect of electronic messages sent to the e-mail addresses provided by the Customer upon registration, as well as messages sent through the Platform interface.

13. Provider details

Name: Sole proprietor Anton Viktorovych Luchkin, operating under the commercial designation “KatrIva”
Status: sole proprietor, single tax payer (group 2)
Registration code (RNOKPP): 3230400379
Address: Ukraine, 02093, Kyiv, Boryspilska St., building 17, apt. 52
E-mail: hello@katriva.com.ua
Website: https://katriva.com.ua