This document is the official public offer to enter into an agreement for access to the Appointer online service, made under the laws of Ukraine. By registering an account you accept this offer in full. The Ukrainian text of this Agreement prevails; this English translation is provided for convenience — read the binding Ukrainian version here.
1. General provisions
1.1. This Public Offer Agreement (the "Agreement" or "Offer") is the official public offer of Individual Entrepreneur Roman Oleksiiovych Malinovskyi (ФОП Маліновський Роман Олексійович; the "Provider"), addressed to an indefinite number of persons, to enter into an agreement for the provision of access to the Appointer online service on the terms below.
1.2. This proposal is an offer within the meaning of Article 641 of the Civil Code of Ukraine and part 1 of Article 11 of the Law of Ukraine "On Electronic Commerce" No. 675-VIII: it contains the essential terms of the agreement and expresses the Provider's intent to be bound upon its acceptance. The Agreement is an adhesion contract within the meaning of Article 634 of the Civil Code of Ukraine — it may only be concluded by acceding to all of its terms as a whole.
1.3. The Offer is addressed to business entities (private entrepreneurs and legal entities) and individuals who meet the Service eligibility criteria set by the Provider (during launch, access is granted by invitation). The Agreement is concluded under Articles 634, 638 and 640–642 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine "On Electronic Commerce". An electronic agreement concluded by accepting this Offer is equal in legal effect to an agreement concluded in written form.
1.4. The following are integral parts of this Agreement: Terms of Service, Pricing, Privacy Policy, Data Processing Agreement, Cookies policy and the Acceptable Use Policy. In case of any conflict, for Customers who accepted this Offer this Agreement prevails.
2. Definitions
- Service — the Appointer online service (SaaS) available over the Internet: online booking, calendar, reminders, client base, analytics, online payments and other features per the selected Plan.
- Customer — a business entity (private entrepreneur or legal entity) or an individual who has accepted this Offer. The Service is intended for use in the Customer's business (professional) activity.
- Account — the Customer's account in the Service created at registration.
- Plan — the feature scope and price of using the Service (Free, Pro, etc.) published on the Pricing page.
- Bundles — prepaid packs of SMS messages, AI credits or emails, purchased one-off; credits never expire.
- Customer's Client — an individual who books the Customer's services through the Service.
- Platform payment fee — the Provider's fee of 1.5% of the Customer's Clients' online payments processed through the acquiring connected by the Customer (Section 7).
3. Provider details
As required by Article 7 of the Law of Ukraine "On Electronic Commerce":
- Full name: Individual Entrepreneur Roman Oleksiiovych Malinovskyi (ФОП Маліновський Роман Олексійович; state register record No. 26730000000054499 of 02.03.2016);
- Registered address: 6 Piaskorskoho St., apt. 165, Khmelnytskyi, Khmelnytskyi district, Khmelnytskyi region, 29025, Ukraine;
- Taxpayer registration number (RNOKPP): 3430305778;
- Email: support@appointer.work; other contacts — the contact page;
- The Provider's activity is not subject to licensing. The Provider is not a VAT payer (no VAT is charged); prices on the Pricing page are final and include all applicable Ukrainian taxes and duties.
4. Subject of the Agreement
4.1. The Provider grants the Customer access to the Service and its functionality over the Internet within the selected Plan, and the Customer undertakes to use the Service in accordance with the Agreement and to pay for paid services.
4.2. Services are provided remotely, in an automated manner. Certain features (SMS campaigns, the AI assistant, analytics, branding) are available only on paid Plans or with purchased Bundles.
4.3. The Free plan is provided free of charge; for the Free plan the Agreement takes effect upon acceptance without any payment.
5. Acceptance
5.1. This Offer is accepted by performing actions that constitute acceptance of an offer to conclude an electronic agreement (item 3, part 6 of Article 11 of the Law "On Electronic Commerce"): registering an Account (submitting the registration form and confirming agreement with these terms — the meaning of these actions is explained in the registration form itself), or — where an Account already exists — starting to use the Service or paying for services (part 2 of Article 642 of the Civil Code of Ukraine).
5.2. The Agreement is concluded from the moment the Provider receives the acceptance — i.e. upon successful Account registration (part 1 of Article 640 of the Civil Code of Ukraine, part 3 of Article 11 of the Law "On Electronic Commerce"). A confirmation is sent to the Customer in electronic form.
5.3. Acceptance is only possible in full and without reservations (Article 642 of the Civil Code of Ukraine). If you do not agree with any term, do not use the Service.
5.4. By accepting on behalf of a legal entity, the representative confirms having the necessary authority.
6. Fees & payment
6.1. Prices for paid Plans and Bundles are published on the Pricing page, an integral part of this Agreement. For Customers in Ukraine prices are set and paid in hryvnia (UAH). Prices include all applicable taxes.
6.2. Payment is made by bank card via plata by mono (JSC "UNIVERSAL BANK"); payments in foreign currency are processed by Stripe. The Provider may connect additional payment services, indicating them on the payment page. Money transfer services are provided by the respective licensed payment service providers; the Provider does not store full card details.
6.3. Subscription and auto-renewal. Paid Plans are provided as a subscription with a monthly or yearly billing period. By subscribing, the Customer consents to recurring automatic charges to the linked card in the amount of the selected Plan at the start of each following billing period — until the Customer cancels. You can cancel at any time in the billing settings or by contacting us; access then continues to the end of the paid period and no further charges are made.
6.4. Trial. The Pro plan includes a 7-day free trial. If a card was linked when subscribing, the first charge happens after the trial ends; otherwise payment is due after the trial to continue on the paid Plan.
6.5. Bundles are one-off purchases. Purchased credits (SMS, AI, email) never expire and are consumed after the Plan's included periodic allowance is exhausted.
6.6. For every payment the Provider emails the Customer a document confirming the payment (the payment service's receipt and/or an electronic settlement document), and — where Ukrainian law requires the use of fiscal transaction recorders — a fiscal receipt under Law of Ukraine No. 265/95-ВР.
6.7. Invoices, acts and other documents under this Agreement are made in electronic form under the Law of Ukraine "On Electronic Documents and Electronic Document Management" No. 851-IV. The parties agree that primary documents for the services provided are drawn up by the Provider unilaterally and are valid without the Customer's signature, as allowed by Article 9 of the Law of Ukraine "On Accounting and Financial Reporting in Ukraine" No. 996-XIV (as amended by Law No. 4791-IX); such documents state the service period. Services for a billing period are deemed duly provided and accepted unless the Provider receives a reasoned written objection within 10 calendar days after the period ends. An act of services is provided upon the Customer's written request.
6.8. The Provider may change Plan prices with at least 30 calendar days' notice. A price change never applies to already-paid periods. If you disagree with a change, you may terminate the Agreement before it takes effect.
7. Platform payment fee
7.1. If the Customer connects online payments from their Clients (Section 8), the Provider charges a platform payment fee of 1.5% of each successful online payment processed through the Service. The fee does not apply to payments the Customer takes outside the Service (cash or otherwise). When the Customer refunds a Client, the corresponding fee is reversed.
7.2. The fee is accrued per calendar month. The invoice for the previous month is issued in the Service and sent to the Customer; it is payable from the 1st to the 15th of the current month. Amounts below the minimum invoicing threshold carry over to following periods.
7.3. If the invoice is not paid by the 16th, it becomes overdue and the Provider may temporarily suspend the acceptance of new online bookings through the Service until payment. Existing bookings, Account access and the Customer's data are unaffected. The suspension lifts automatically upon payment.
7.4. Acquirer (bank) fees for processing payments are separate from the platform payment fee and are paid by the Customer per the respective payment provider's tariffs.
8. Your clients' payments
8.1. The Service lets the Customer accept online payments from Clients through the Customer's own acquiring account — LiqPay (JSC CB "PrivatBank"), plata by mono (JSC "UNIVERSAL BANK") or Stripe. Clients' funds settle directly to the Customer's accounts via the provider the Customer chose.
8.2. The Provider does not accept, hold or transfer the Customer's Clients' funds and has no access to those funds. The Provider renders technical (informational) services accompanying the provision of payment services, without access to users' funds (Article 9 of the Law of Ukraine "On Payment Services" No. 1591-IX), and is not a payment service provider, payment infrastructure operator or payment system participant within the meaning of that Law. Money transfer relations arise directly between the Customer and the respective payment service provider under their own agreement.
8.3. The Customer is solely responsible for compliance in their own business, including conducting settlement operations with their Clients through fiscal registrars (РРО/ПРРО) and issuing settlement documents to them under Law No. 265/95-ВР, and for tax accounting of received payments.
9. Rights & obligations
9.1. The Provider undertakes to:
- provide access to the Service around the clock, except during maintenance and circumstances beyond the Provider's reasonable control;
- provide support via the contact page;
- give notice of material changes to the Service, Pricing and this Agreement;
- protect the Customer's data per the Privacy Policy and Data Processing Agreement.
9.2. The Provider may:
- change and improve the Service; if a change materially reduces functionality you pay for, the Provider gives advance notice;
- suspend or terminate access for a material breach not cured within 14 calendar days of notice, or immediately in case of fraud, illegal activity or harm to others;
- engage third parties (contractors, sub-processors) in providing the services.
9.3. The Customer undertakes to:
- provide accurate registration data and keep it up to date;
- keep Account credentials confidential;
- comply with the Acceptable Use Policy and Ukrainian law — in particular, send commercial electronic messages only to recipients who consented, as required by the Law "On Electronic Commerce", and honour opt-outs immediately;
- have a lawful basis for entering their Clients' personal data into the Service (Section 10);
- pay for paid services on time.
10. Personal data
10.1. The Provider processes personal data under the Law of Ukraine "On Personal Data Protection" No. 2297-VI and the Privacy Policy.
10.2. For the personal data of the Customer's Clients entered into the Service, the Customer is the data controller (володілець) and the Provider is the processor (розпорядник), processing data solely on the Customer's instructions under the Data Processing Agreement — an integral part of this Agreement.
10.3. The Customer warrants having a lawful basis (consent or another basis under Article 11 of Law No. 2297-VI) to transfer their Clients' personal data to the Provider and undertakes to inform Clients about the processing of their data in the Service.
11. Intellectual property
11.1. Intellectual property rights to the Service, its code, design and trademarks belong to the Provider. The Customer receives a non-exclusive, non-transferable licence to use the Service for its intended purpose for the term of the Agreement.
11.2. Data the Customer enters into the Service (client base, bookings, messages) belongs to the Customer and can be exported at any time using the Service's tools.
12. Liability
12.1. The Service is provided "as is" and "as available". The Provider does not warrant uninterrupted, error-free operation, but takes all reasonable measures to ensure it.
12.2. The Provider's aggregate liability under this Agreement is limited to the amount actually paid by the Customer in the 12 months preceding the event giving rise to the claim. The Provider is not liable for lost profit or indirect damages, nor for acts or omissions of payment service providers, telecom operators and other third parties whose services the Customer connects.
12.3. These limitations do not apply where liability cannot be limited under mandatory Ukrainian law, including consumer-protection legislation.
13. Withdrawal & refunds
13.1. The Customer may stop using the Service and/or cancel the subscription at any time (clause 6.3). Fees paid for the current billing period are then not refunded and access continues to the end of the period, except as set out in this Section.
13.2. If the Customer is a consumer within the meaning of the Law of Ukraine "On Consumer Rights Protection" (an individual using the Service for needs unrelated to entrepreneurial activity), they may withdraw from a distance contract within 14 calendar days of its conclusion. If provision of paid services began with the Customer's consent before that period expired, the refund is proportional to the unused scope of services. Relations involving consumers are also governed by the Law of Ukraine "On Digital Content and Digital Services" No. 3321-IX.
13.3. Regardless of clause 13.2, the Provider refunds the first Plan payment in full if the request is made within 14 calendar days of that payment, and refunds a Bundle within 14 calendar days of purchase if none of its credits were used.
13.4. Refunds are made using the same payment method, within the timeframes set by Ukrainian law and the rules of the respective payment systems (usually 5–7 business days after the refund is agreed).
13.5. The accrued platform payment fee (Section 7) is non-refundable, as it is charged for operations actually processed; when the Customer refunds a Client, the fee for that operation is reversed.
14. Term & changes
14.1. The Offer is effective from its publication at appointer.co/legal/oferta until withdrawn by the Provider. The Agreement is effective from acceptance until terminated by either party.
14.2. The Provider may amend the Offer. The new version is published on this page with its date; material changes (including price or scope changes) are notified by email or in the Service at least 30 calendar days in advance. Continued use after a change takes effect constitutes agreement; if you disagree, you may terminate before that date and the unused part of any prepayment is refunded pro rata.
14.3. The Provider may terminate the Agreement: (a) with 30 calendar days' notice, refunding the unused part of any prepayment pro rata; (b) immediately in the cases in clause 9.2. After termination the Customer's data remains available for export and is deleted within the timeframes in the Privacy Policy.
15. Force majeure
15.1. The parties are released from liability for non-performance during force majeure — Article 617 of the Civil Code of Ukraine and Article 14-1 of the Law of Ukraine "On Chambers of Commerce and Industry in Ukraine" No. 671/97-ВР: military action, natural disasters, large-scale energy or telecom outages, acts of authorities, etc. A certificate of the Ukrainian Chamber of Commerce and Industry, or other documents provided by law, is sufficient evidence.
15.2. The affected party notifies the other within 10 business days; performance deadlines extend for the duration of the circumstances.
16. Disputes
16.1. This Agreement is governed by the laws of Ukraine. Disputes are resolved by negotiation; claims are sent via the contact page or to the Provider's email and are answered within 30 calendar days (usually much faster).
16.2. Failing agreement, disputes are referred to court under the procedural law of Ukraine. This does not limit consumer rights under consumer-protection legislation, including the right to sue at the consumer's registered place of residence.
17. Provider requisites
- Individual Entrepreneur Roman Oleksiiovych Malinovskyi (ФОП Маліновський Роман Олексійович)
- Registered address: 6 Piaskorskoho St., apt. 165, Khmelnytskyi, Khmelnytskyi district, Khmelnytskyi region, 29025, Ukraine
- RNOKPP: 3430305778
- Bank details (IBAN) for invoice payments are provided to registered Customers in the Service (Billing section, invoices and receipts) and on request.
- Email: support@appointer.work
- Contact: appointer.co/contact
The current version of this Offer is always available on this page. Questions? Reach us via the contact page — we reply quickly.