Terms of Service

1.1. These Terms of Service (hereinafter — the “Terms”) govern the legal relationship between STREAM TOOLS LLC (hereinafter — the “Provider”) and the user of the services (hereinafter — the “Customer”), define the rights and obligations of the Parties, the procedure and conditions for using the services provided by the Provider, the procedure for concluding a service agreement (hereinafter — the “Agreement”) and the conditions for its termination, matters of personal data protection, the liability of the Parties, as well as other matters not regulated by the Agreement and/or applicable law.

1.2. These Terms constitute a public contract and a public offer in accordance with Articles 633 and 641 of the Civil Code of Ukraine; their conditions are identical for all consumers.

1.3. Actions taken by the Customer to register on the website https://streamtools.com.ua (hereinafter — the Website), as well as the use of the Provider’s service, constitute full and unconditional acceptance of these Terms and of the Requirements for message content in accordance with part 2 of Article 642 of the Civil Code of Ukraine, which is equivalent to concluding an agreement on the conditions set out below.

1.4. At the Customer’s request and/or in cases established by the Provider, a paper service Agreement is concluded between the Parties. The Terms form an integral part of that Agreement. The provisions of these Terms are not exhaustive and may be supplemented by the provisions of the Agreement and its other integral parts. In the event of any conflict between the provisions of the Agreement and these Terms, the provisions of the Agreement prevail.

1.5. The Provider is entitled to make changes and/or additions to these Terms, which are communicated to Customers no later than 7 (seven) calendar days before their effective date, by one of the following means: by email, through the personal account, or by publishing the information on its Website.

1.6. The Terms apply to all Customers without exception, regardless of when the Agreement was concluded (including Customers whose Agreements were concluded before these Terms came into force), the type of services received, or any other circumstances.

1.7. The relationship between the Parties is governed by these Terms, the Agreement, other documents forming an integral part of the Agreement, and the applicable law of Ukraine relating to the relationship between the Parties.

1.9. The Provider’s services are not telecommunications services. The Provider provides the Customer with services that enable access to the Provider’s service through public telecommunications networks and the ability to transmit Messages created by the Customer to the centers of mobile operators (hereinafter — the “Services”).

In these Terms, the Agreement and its integral parts, the following terms have the meanings set out below.

2.1. Website — the Provider’s website located on the Internet at: https://streamtools.com.ua.

2.2. Subscriber — natural persons and/or legal entities and/or natural persons carrying out entrepreneurial activity without forming a legal entity, with whom the Operator has concluded an agreement for the provision of wireless telephone communication services.

2.3. Website administration — the person authorized by the Provider to manage the Website.

2.4. Operator — a legal entity resident in Ukraine that provides wireless telephone communication services on a commercial basis and holds the corresponding license.

2.5. Viber company — the legal entity Viber Media S.à r.l., which owns the intellectual property rights to the Viber Application.

2.6. Personal data — information or a set of information about a natural person who is identified or can be specifically identified.

2.7. Personal data owner — a natural person or legal entity that determines the purpose of processing personal data. For the purposes of this relationship, the personal data owner is the Customer.

2.8. Consent of the personal data subject — the voluntary expression of a natural person’s will to permit the processing of their personal data, given in writing.

2.9. Personal data processor — a natural person or legal entity granted the right to process such data on behalf of the owner. The processor is the Provider.

2.12. Electronic virtual account — a software application of the Platform that allows the Customer to track the receipt and spending of funds credited to their personal account.

2.13. Platform — the Provider’s software complex that allows the Customer to send messages, track their status and monitor the Electronic virtual account.

2.15. API — a description of the means (a set of classes, procedures, functions, structures or constants) by which one computer program can interact with another program.

2.22. User — a consumer of telecommunications services of any Operator, or a person who has installed the Viber Application on their own device and has given the Customer explicit written consent to receive Messages from the Customer.

2.24. Message — an SMS Message or a Viber Message.

2.25. SMS message — a set of systematized alphabetic and numeric characters created by the Customer and transmitted to Users. It consists of 160 characters when using the Latin alphabet or 70 characters when using the Cyrillic alphabet.

2.26. Viber message — a message created by the Customer and delivered to Users’ end devices through the Viber Application. It may contain text (up to 1,000 characters), an image and/or a button.

2.32. SPAM (Spam Message) — any Message for which the User has not previously given consent in the proper manner, regardless of the content of such Message.

3.1. The Provider undertakes to:

3.1.1. Provide the Customer with the Services in accordance with these Terms and the Agreement.

3.1.2. Enable the Customer to generate an invoice for payment of the Services via the Platform.

3.1.3. Upon receipt of funds, credit the amount received to the Customer’s Electronic virtual account during the nearest working hours, but no later than the next banking day.

3.1.4. Protect the personal data of the Customer and of Users that becomes known to it in the course of providing the Services.

3.1.6. The Provider is not liable for the delivery of Messages in the following cases: the User is outside the Operator’s network coverage; the equipment of the Operator or the User is switched off or disconnected; Messages are sent to other countries; the text of the Message consists of more than three parts (segments).

3.2. The Customer undertakes to:

3.2.1. Obtain the User’s prior consent to receive messages, without exception. Such consent must be properly documented and must unambiguously confirm the User’s wish to receive messages from the Customer.

3.2.2. Inform the User of the possibility and the method of opting out of receiving further Messages. The Customer undertakes to include the company name and the customer service telephone line number in every Message.

3.2.3. Refrain from sending Spam Messages.

3.2.4. Obtain the Provider’s prior written approval of the text of Messages if such messages contain information about: lotteries/prize draws/quizzes, financial services, medical services and products, dietary supplements, public and/or political organizations, religious organizations, or goods or services subject to mandatory licensing/certification.

3.2.5. Refrain from sending Messages containing information about: alcohol, tobacco products or electronic cigarettes; religious campaigning; cryptocurrency and currency markets; gambling; obscene language; fortune telling, numerology or healing services; content of an erotic and/or pornographic nature; information that contradicts the applicable law of Ukraine.

3.2.14. Include a contact telephone number in the text of messages.

3.2.15. Send messages exclusively between 9:00 and 20:00 on business days and between 11:00 and 18:00 (Kyiv time) on non-working days and public holidays. This restriction does not apply to messages confirming banking transactions, registration on a website, or other round-the-clock service messages agreed with the Provider in advance.

3.3. The Provider is entitled to:

3.3.1. Unilaterally change the tariffs and the Terms of service provision, giving the Customer 7 (seven) calendar days’ prior notice.

3.3.3. Carry out selective checks of the texts of Messages sent by the Customer to Users for compliance with the law of Ukraine and with these Terms.

3.3.4. Suspend the provision of Services to the Customer if the Customer breaches the conditions set out in these Terms or in the Agreement.

3.3.7. Refuse to transmit Messages if such Messages contradict the applicable law of Ukraine and/or these Terms, or block the Customer’s account.

3.4. The Customer is entitled to:

3.4.1. Receive services from the Provider in accordance with these Terms and/or the Agreement.

3.4.2. Obtain information about the status of each Message submitted for delivery through the Provider’s Platform. Statistics for the last 3 (three) months are available in the personal account.

3.4.3. Unilaterally discontinue use of the Service, subject to written notice to the Provider at least 30 (thirty) calendar days in advance.

3.4.5. Submit complaints and suggestions to the Provider regarding improvements to the quality of the services provided.

4.1. The Provider grants the Customer access to the Platform, through which the Customer is able to send Viber Messages to Users.

4.2. The Customer independently composes the text of Viber Messages in compliance with the conditions and restrictions established by these Terms, the Agreement and Viber’s policies.

4.5. The Provider is not liable for the non-delivery of Viber Messages in the following cases: the Viber Application was not activated or no Internet connection was established during the Message lifetime; the User has disabled receiving Messages in the Viber Application; the Viber Application was deleted during transmission; the version of the operating system or of the Viber Application does not support receiving Viber Messages; the sender name has been blocked by the User.

4.9. The Customer must obtain explicit prior consent from the Viber User to receive Viber Messages. The consent must contain: the recipient’s telephone number and name; the Customer’s company name; and confirmation that consent was given specifically for receiving Viber messages.

4.11. The Customer is prohibited from sending Viber Messages containing: content of an erotic or pornographic nature; political or religious content; information about financial services and/or cryptocurrencies; advertising of tobacco or alcohol products; threats or obscene language; discriminatory content; propaganda of fascism or neo-fascism; links to phishing sites or malicious software.

4.13. The Customer must provide Users with the ability to opt out of receiving Viber Messages, including a current contact telephone number in every Viber Message.

4.20. Viber message campaigns require a signed Agreement.

5.1. The Customer pays for the services in accordance with the Tariffs published on the Provider’s Website and/or specified in the Agreement.

5.2. Services are paid for by the Customer on a prepayment basis (unless otherwise provided by the Agreement), by transferring funds to the Provider’s current account. Funds are credited to the Electronic virtual account after the money has been received in the Provider’s settlement account.

5.3. The Customer pays for all Messages transmitted using the Platform in accordance with the agreed Tariffs.

5.4. When Messages are transmitted through the telecommunications networks of Operators in other countries, tariffs vary depending on the conditions offered by those Operators.

6.1. The Customer is solely responsible for all actions taken on the Platform under the Customer’s account, including cases where the Customer voluntarily discloses account access credentials to third parties.

6.2. The Customer is solely responsible for the security of the passwords they choose. Passwords are confidential information which the Customer must not disclose to third parties, send in email or messenger messages, or publish on websites.