1.1. These Terms of Service (hereinafter referred to as the "Terms") establish the relationship between LLC "MOBIZON" (hereinafter referred to as the "Provider") and the user of the services (hereinafter referred to as the "Client"), 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 referred to as the "Agreement"), the conditions for its termination, issues of personal data protection, liability of the parties, and other issues not regulated by the Agreement and/or applicable legislation.
The Client may be a legally capable individual acting in their own interests or representing and acting on behalf of a legal entity or another individual/entrepreneur.
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, and their terms are the same for all consumers.
1.3. Actions performed by the Client to register on the website https://turbosms.ua/ (hereinafter referred to as the "Website"), and subsequent use of the Provider's service constitute full and unconditional acceptance of these Terms and the Message Content Requirements, pursuant to Part 2 of Article 642 of the Civil Code of Ukraine, equivalent to entering into a contract under the terms set forth below.
1.4. At the Client's request and/or in cases determined by the Provider (in particular, if the Client's activities require mandatory licensing under the Law of Ukraine "On Licensing of Certain Types of Economic Activities"), a Service Agreement is concluded between the Parties in paper or electronic form. These Terms form an integral part of the Agreement. The provisions of these Terms are not exhaustive and may be supplemented by the provisions of the Agreement and its integral parts. In case of contradictions between the Agreement and these Terms, the provisions of the Agreement shall apply.
1.5. The Provider reserves the right to amend and/or supplement these Terms, notifying Clients at least seven (7) calendar days before the effective date of the changes, by email, via the personal account, or by posting information on the Provider's Website.
1.6. These Terms apply to all Clients, regardless of the time the Agreement was concluded (including Clients whose Agreements were concluded before the Terms became effective), the type of services received, or other circumstances.
1.7. The tariffs for services offered by the Provider (hereinafter referred to as the "Tariffs") are displayed on the Provider's Website at https://turbosms.ua/en/price.html.
1.8. The relationship between the Parties is governed by these Terms, the Agreement, the Tariffs, other documents that are integral parts of the Agreement, as well as the applicable legislation of Ukraine regulating the relationship between the Parties.
1.9. The Provider's services are not telecommunications services. The Provider offers the Client services that enable access to the Provider's system via public telecommunications networks and the ability to transmit messages created by the Client to mobile operators' centers, i.e., internet services (hereinafter referred to as "Services").
In these Terms, the Agreement, and its integral parts, as well as in the Message Content Requirements, the terms are used in the following meanings.
2.1. Website – the Provider's website located on the Internet at https://turbosms.ua/.
2.2. Subscriber – individuals and/or legal entities that have entered into an agreement with an Operator for wireless telecommunication services, as well as individuals using and paying for wireless telecommunication services without a written agreement.
2.3. Website Administration – an entity authorized by the Provider to manage the Website and perform other actions related to its use.
2.4. Operator – a legal entity resident in Ukraine that provides wireless telecommunication services on a commercial basis and holds a relevant license for such services in Ukraine.
2.5. Viber Company – the legal entity Viber Media S.à r.l., the owner of the intellectual property rights to the Viber Application.
2.6. Personal Data – information or a set of information about an individual who is identified or can be specifically identified.
2.7. Personal Data Owner – an individual or legal entity that determines the purpose of processing personal data, the composition of this data, and the procedures for its processing, unless otherwise defined by law. In these relationships, the Client is considered the Personal Data Owner.
2.8. Consent of the Data Subject – the voluntary declaration of an individual (provided they are informed) granting permission for the processing of their personal data for the stated purpose, expressed in writing and containing the date and signature of the data subject.
2.9. Personal Data Processor – an individual or legal entity authorized by the Personal Data Owner or by law to process this data on behalf of the Owner.
The Provider acts as the Personal Data Processor on behalf of the Client, processing personal data of Users solely for the purpose and to the extent necessary to provide the Services.
2.10. Data Subject – the individual whose personal data is processed.
2.11. Confidential Information about a Person – personal data with restricted access, classified by the individual or law as such.
2.12. Electronic Virtual Account – a software application within the System that allows the Client to track the inflow and outflow of funds deposited into their personal account.
2.13. System – the Provider's software and hardware complex enabling the Client to independently register, send messages, monitor their status, and control their electronic virtual account.
2.14. Web Interface – a software complex that is part of the Provider's System and provides the Client with access to the Services.
2.15. API – a set of methods (classes, procedures, functions, structures, or constants) that allow one computer program to interact with another.
2.16. Login – a specific sequence of characters chosen by the Client during registration on the Provider's website https://turbosms.ua/ and used for identification in the System.
2.17. Password – a sequence of characters known only to the Client, stored encrypted on the Website, and used for identification in the System.
2.18. API Key – a unique secret identifier consisting of various Latin characters, digits, and special symbols used for application authentication in the Provider's API.
2.19. Viber Policies – rules and requirements established by Viber Company for the use of the Viber Application. Viber Policies are available on the Viber Company's official website at http://www.viber.com/ru/terms and http://www.viber.com/en/terms.
2.20. Viber Application (or Viber) – a software application developed by Viber Company, incorporating VoIP technologies, instant messaging tools for Users, and other means of information exchange between users, which can be installed on mobile phones, tablets, and personal computers.
2.21. Service for Sending Viber Messages via the Viber Application (or Viber Service) – providing the Client with the ability to send Viber messages to the end equipment of Viber Users through the Viber Application under the terms of these Terms, enabled by granting the Client access to the Provider's System.
2.22. Reporting Period – the period from 00:00:00 on the first day of the calendar month to 23:59:59 on the last day of the calendar month (Kyiv time).
2.23. User – a data subject, a consumer of telecommunication services from any Operator, or an individual who has installed the Viber Application on their End Equipment and explicitly consented to receive messages from the Client.
2.24. Alphanumeric Name – a unique combination of Latin letters or a mix of Latin letters and Arabic numerals (up to 11 characters), created by the Client at their discretion and displayed in Messages sent to Users as the Client's identifier.
Depending on the services using Alphanumeric Names, these names are categorized into two types: National Alphanumeric Names and International Alphanumeric Names. Criteria for categorizing an Alphanumeric Name are specified in the section Rules for Adding Sender Signatures.
If the Client's Alphanumeric Name does not meet the criteria of a National Name, the Provider reserves the right to replace such Alphanumeric Name with another, determined at the Provider's discretion.
2.25. Message – an SMS message or a Viber message.
2.26. SMS Message (Standard SMS) – a set of systematic alphanumeric and numeric characters (text) created by the Client and sent to Users, consisting of 160 characters when using the Latin alphabet or 70 characters when using the Cyrillic alphabet. If the text length exceeds these limits, each subsequent part of the SMS message is treated as a separate message for billing purposes. The maximum number of characters for a multi-part SMS message is specified in the section SMS Length.
2.26.1. National SMS – an SMS sent to a User of a Ukrainian Operator using a National Alphanumeric Name.
2.26.2. International SMS – an SMS sent to a User of a Ukrainian Operator using an International Alphanumeric Name, or if the Operator classifies the message content as International.
2.27. Viber Messages – messages created by the Client and sent to the Users' end equipment via the Viber Application. The message may contain text (up to 1000 characters in Cyrillic and/or Latin alphabets), an image, and/or a button with links to a URL.
Depending on the content, Viber Messages are divided into two types – Transactional/Informational Viber Messages and Advertising and/or Greeting Viber Messages.
Test Viber Messages are a separate type of message.
2.27.1. Transactional/Informational Viber Messages – personal informational (service) and transactional messages that are non-advertising in nature, providing information about a specific operation/transaction.
Transactional Viber Messages can only be sent if a template of such a message has been approved by Viber Company.
2.27.2. Advertising and/or Greeting Viber Messages – messages containing advertising or promotional information and/or combined messages that simultaneously include both promotional information and information about completed transactions/operations, etc., and/or messages containing greetings, as well as other messages different from Transactional Viber Messages.
2.27.3. Test Viber Messages – messages containing the word "Test" or "Тест", which are neither advertisements nor personal/informational messages, and/or carry no informational value in their content.
2.28. Sender Name (Viber Sender Name) – a unique combination of Latin and/or Cyrillic letters and/or Arabic numerals (up to 20 characters), created by the Client at their discretion and displayed in Viber Messages sent to Viber Users as the Client's identifier.
Depending on the level of personalization, Sender Names are divided into two types – Provider's Sender Name and Client's Personal Sender Name.
2.28.1. Provider's Sender Name – a Sender Name determined by the Provider, which the Client can only use for sending Test Viber Messages and before registering their Personal Sender Name.
2.28.2. Client's Personal Sender Name – a Sender Name created by the Client at their discretion, registered with Viber Company, and exclusively owned by the Client.
2.29. End Viber Equipment – a mobile device (phone, smartphone, tablet, or similar device), laptop, or personal computer of the Viber User with the Viber Application installed, capable of receiving Viber Messages.
2.30. Message Lifetime – a specific period during which the System will attempt to deliver a Message to the User if it could not be delivered on the first attempt.
2.31. Grace Period – a period of 30 (thirty) calendar days starting from the day after the Client's Electronic Virtual Account is replenished. During this period, the Client is entitled to use the service at a reduced cost.
2.32. Replenishment Step – the range of monetary amounts within which the Client can top up their Electronic Virtual Account.
2.33. Customer Service Line Phone Number – the phone number of the Client's service department or a third party contracted by the Client to provide user support, including consultation and other services.
2.34. Phishing Website – a fraudulent web resource designed to steal payment card credentials for subsequent theft of funds from the cardholder's accounts.
2.35. Nigerian Letter – a fraudulent message aimed at extracting money from the recipient.
2.36. One-Time Identifier – an alphanumeric sequence sent to a person for the purpose of registering on the Provider's Website.
2.37. Cookie Files – small identification files downloaded to the Client's terminal equipment (e.g., computer or smartphone) when accessing the Provider's Website. These allow the Provider's Website to recognize the device used by the Client and store certain information about their preferences or past actions.
2.38. Multiple Registration – the registration of multiple profiles in the System by a single user.
2.39. SPAM (Spam Message) – any Message that the User has not given prior consent to receive, regardless of its content, and/or meeting at least one of the following criteria:
2.39.1. Messages with identical or varying text are delivered to the same User more than 10 (ten) times per day;
2.39.2. A Message leads to a justified complaint by the User or technical issues with the Provider's equipment or the Operator's/Viber Company's telecommunication network;
2.39.3. A Message does not contain accurate information about the Client's full name and/or the Client's Customer Service Line Phone Number;
2.39.4. Users cannot stop receiving Messages by informing the Client;
2.39.5. Messages for which the User will be charged but has not requested;
2.39.6. Messages containing text not pre-approved by the Client with the Provider, if such approval is mandatory under these Terms;
2.39.7. Messages encouraging Users to call or send a text message to specified numbers, participate in any events, or contain explicit/implicit offers to join a network operator or use their services;
2.39.8. Messages containing information about cryptocurrencies and currency markets;
2.39.9. Messages about fortune-telling, numerology, healing, and similar services;
2.39.10. Messages about alcohol, drugs, tobacco products, electronic cigarettes, or similar products;
2.39.11. Messages about uncertified dietary supplements or other products not certified by a recognized laboratory as safe for consumers;
2.39.12. Messages violating Ukrainian law or containing illegal content;
2.39.13. Messages considered election campaigning or political advertising;
2.39.14. Messages about public figures/organizations/movements;
2.39.15. Messages with erotic or pornographic content;
2.39.16. Messages of a religious nature;
2.39.17. Messages about minors and/or confidential information about a person without their consent;
2.39.18. Messages similar to "Nigerian letters";
2.39.19. Messages with hidden links to Phishing Websites or sites containing malicious software.
2.40. Viber Chat Session – a two-way chat that a User can initiate with the Client in response to a received Viber Message from a Client using their Personal Sender Name.
2.41. Terms not defined in this section are used in these Terms in accordance with applicable Ukrainian legislation.
3.1. The Provider shall:
3.1.1. Provide the Client with Services in accordance with these Terms and the Agreement.
3.1.2. Enable the Client to generate an invoice for Service payment through the System, in accordance with the current Tariffs displayed on the Provider's website at https://turbosms.ua/en/price.html.
3.1.3. Upon receipt of funds from the Client in the Provider's bank account, credit the received amount to the Client's electronic virtual account and provide the Client with the Services during the next business hours, but no later than the following banking day.
3.1.4. Ensure the protection of personal data of the Client and Users that becomes known during the provision of Services.
3.1.5. Provide the Client with the ability to monitor information about:
- the actual crediting of the funds transferred by the Client to the Provider to their personal electronic virtual account;
- the status of their electronic virtual account;
- the status of each SMS message sent via the Provider's website turbosms.ua/en/.
3.1.5.1. The ability to monitor the information specified in clause 3.1.5 of these Terms is implemented through the Login created by the Client during registration on the Provider's website (turbosms.ua).
3.1.6. The Provider shall not be liable for and does not guarantee the delivery of messages to Users in the following cases:
- when the User is outside the coverage area of the Operator's telecommunication network;
- in cases of activation/deactivation/incorrect operation of the Operator's or User's equipment;
- in cases of improper operation of the Operator's telecommunication network used by the Provider to deliver Services;
- when sending messages to other countries;
- when the Message text exceeds three parts (segments).
3.1.7. The Provider shall not be liable for or compensate for the Client's lost profit due to the temporary blocking of the Client's account, which occurs as a result of multiple (three or more) incorrect password entries by the Client when accessing the System.
3.2. The Client shall:
3.2.1. Obtain prior consent from the User to whom the Client intends to send messages, regardless of their content. Such User consent must be properly documented and expressed in a form that unequivocally confirms the User's desire to receive messages from the Client.
At the request of the Provider and/or the Operator and/or any other authorized party, the Client shall, within two (2) business days from the date of receiving such a request in any form (written, electronic, telephone inquiry, etc.), provide the Provider at support@turbosms.ua (or another email address specified by the Provider in the request) with information confirming the User's consent, the form of such consent, and, if necessary, an official letter from the Client explaining the information requested by the Provider. This letter should be accompanied by evidence of the legality and validity of sending messages to the specified User(s).
3.2.2. The Customer is obligated to inform the User receiving the message about the possibility and method by which the User can opt out of receiving further messages sent via the System. To enable the User to opt-out and to address complaints, inquiries, and claims arising from messages received from the Customer, the Customer agrees to include the Customer's company name (or representative) and the Customer's service hotline number in each message sent to the User.
3.2.2.1. If the Customer receives information in any form (verbally, in writing, during a phone call, via email, etc.) from a User regarding their opt-out from receiving further messages (withdrawal of consent) and/or a request to delete/destroy their personal data from the Customer's database in the Contractor's service, the Customer is obligated to immediately delete/destroy the User's personal data from the Contractor's service database and notify the User and the Contractor within five (5) working days. Messages to such a User may only be sent after obtaining new written consent from them.
3.2.2.2. If a User directly contacts the Contractor with a request to delete/destroy their personal data from the Customer's database in the Contractor's service and/or notifies about opting out of receiving further messages from the Customer, the Contractor has the right to suspend or stop the Customer's ability to send messages to this User and/or inform the Customer about such a request and require the Customer to take all necessary actions to fulfill the User's request. Such a User request may be expressed in any form (verbally, in writing, etc.).
3.2.3. The Customer is obligated not to send Spam messages.
3.2.4. The Customer must obtain prior written approval from the Contractor for message texts containing or resembling information about lotteries/contests/quizzes, financial services, medical services and products, dietary supplements, public and/or political organizations, parties, movements, religious organizations, goods or services requiring mandatory licensing/certification, or information regarding minors and/or confidential information about individuals without their consent. Approval must be requested by sending the message text from the email address registered by the Customer on the Contractor's website to the Contractor's email address at support@turbosms.ua or another email address specified by the Contractor for handling such Customer requests.
3.2.5. The Customer is obligated not to send messages containing information and/or resembling advertisements/information about alcohol, tobacco, or tobacco-containing products, electronic cigarettes, trademarks for goods and services or other intellectual property objects associated with alcoholic beverages and tobacco products; religious propaganda; information about cryptocurrencies and financial markets; gambling; obscene language; false or confidential information; services such as fortune-telling, numerology, and healing; information obtained illegally or infringing copyright or related rights of third parties; erotic and/or pornographic content; content violating public morality; content undermining statehood and constitutional order; or other content prohibited by Ukrainian law. The Services provided by the Contractor under these relationships may not be used for political purposes, including but not limited to polling, collecting, or disseminating political information or for campaigning purposes.
3.2.6. The Customer is obligated not to send messages containing information/mentioning the Operator or messages that appear to be sent on behalf of the Operator. The Customer is also prohibited from sending messages that promote cooperation with third parties offering services for the organization of message transmission or encourage the use of telecommunication services of various operators.
3.2.7. The Client shall not engage in any actions that may hinder the safe operation of the System, disrupt its continuous functionality, compromise information security, or complicate or render impossible the provision of services to other consumers. The distribution of SMS messages containing viruses and/or software and/or software elements that harm or may harm the functionality of Users' mobile devices, the Operator's telecommunication network, the Provider's system or equipment, or contain links to web pages hosting viruses and/or prohibited or malicious software, and/or elements of prohibited or malicious software, or similar content is strictly prohibited.
3.2.8. The Client shall, within two (2) business days from receiving a relevant request from the Provider, provide, in accordance with clause 3.2.4. of these Terms, the text of the Message(s) for approval to analyze its compliance in terms of format, content, and subject matter with the applicable legislation of Ukraine and the provisions of these Terms. If the format, content, or subject matter violates the applicable legislation or these Terms, or if the Client fails to provide the text of the Message(s) for approval, the Provider reserves the right to refuse to transmit (or block) such Message(s) without incurring any penalties.
3.2.9. The Client is the owner of the personal data entered into the System, which is structured as a database of Users' phone numbers, names, and other information provided by the Client.
The Client fully and unconditionally agrees that in the event of complaints/claims/lawsuits from Subscribers regarding received Messages, addressed to the Provider and/or the Operator and/or third parties involved in providing services, the Client bears sole responsibility for such complaints/claims/lawsuits.
The Client agrees that they must independently assess all risks associated with using the content, including evaluating its reliability, completeness, or usefulness.
3.2.10. When registering on the Contractor's website (turbosms.ua), the Customer must provide a mobile phone number as the primary means of communication (hereinafter referred to as the "Primary Communication Method"). The Contractor will use this number to send informational messages related to the provision of services under these Rules (e.g., notifications about service activation, account blocking, etc.).
The Customer agrees not to register more than one account (multi-registration), except in cases agreed upon with the Site Administration and with its permission. Duplicate registration of an existing account is also prohibited.
If unauthorized multi-registration is discovered, all related accounts will be immediately blocked by the Contractor without any penalties applied to the Contractor.
3.2.11. Ensure the continuous functioning of the Primary Communication Method and notify the Contractor within three (3) calendar days of any changes to this phone number by email at support@turbosms.ua and/or via the Contractor's phone number +38 (044) 224-8668.
In case of loss of access to the account and the phone number that serves as the Primary Communication Method, account recovery is possible only if there is a signed contract directly related to this account.
3.2.12. Independently monitor the balance of funds in their personal Electronic Virtual Account.
3.2.13. The Customer agrees to fully pay for the Services provided by the Contractor and to independently familiarize themselves with the terms of service and rates on the Contractor's Website.
3.2.14. The Customer agrees not to use the name of any institution/organization (e.g., mobile operators, banks, insurance companies, government or state agencies, etc.) as the sender address unless the Customer has a legitimate connection to such institution/organization or its use is legally documented by the institution/organization itself.
3.2.15. The Customer agrees not to use the Contractor's Service for:
3.2.16. The Client is obliged to comply with the Message Content Requirements.
The Client must include a contact phone number in the text of messages.
3.2.17. The Client must send messages only between 9:00 AM and 8:00 PM on business days and between 11:00 AM and 6:00 PM (Kyiv time) on non-business and public holidays. This restriction does not apply to messages related to bank transaction confirmations (withdrawals, account deposits, etc.), website registrations, taxi service notifications, and other round-the-clock service messages previously agreed upon by the Client with the Provider.
3.2.18. The Client consents to the use of Cookies by the Provider's Website. The Client may refuse the use of Cookies; however, by continuing to use the Provider's Website, the Client automatically agrees to the use of Cookies.
3.2.19. The Client agrees to receive messages from the Provider related to the provision of services via email, SMS, and/or Viber messages.
3.3. The Provider is entitled to:
3.3.1. Unilaterally amend the current Tariffs and Terms of Service. Changes to the Terms and/or Tariffs require prior notification of the Client at least seven (7) calendar days before the changes to the conditions and/or the cost of message transmission to Ukrainian Operators' numbers take effect. Notifications will be posted on the Provider's website turbosms.ua/en/. The changes take effect on the date specified in the corresponding Provider's notification. An exception to this is the condition outlined in clause 4.10. of these Terms, which does not require prior notification of changes in the cost of Viber services denominated in hryvnias.
The specified changes to the Tariffs/Terms may also be implemented in a shorter timeframe and will be recognized as valid by the Client if they are caused by changes in the conditions of cooperation between the Provider and the Operator/Viber Company and/or third parties engaged by the Provider to provide Services.
If the Client disagrees with the new Tariffs/Terms, they must discontinue using the service starting from the effective date of the new Tariffs/Terms. If a signed agreement is in place, the Client has the right to terminate it unilaterally by notifying the Provider within seven (7) calendar days from the date of receiving information about the new Tariffs/Terms.
Tariffs for Services already paid for by the Client are not subject to change.
3.3.2. If the Customer does not use the funds from their Electronic Virtual Account within three (3) years from the last account replenishment, the Customer's account will be blocked until the account owner is verified. Upon the Customer's request and confirmation of account ownership, the account will be unblocked and made available to the Customer.
3.3.3. Conduct selective checks at its discretion on the content of messages sent by the Customer to Users to ensure compliance with Ukrainian legislation and these Rules.
3.3.4. Terminate the provision of Services to the Customer in the event of violations of the conditions set forth in these Rules, the Agreement, and/or its appendices.
3.3.5. Receive payment for the Services in accordance with the terms of these Rules and/or the Agreement.
3.3.6. Suspend service provision without penalties during planned or unplanned technical maintenance of the Contractor's or operators' equipment, or Viber's systems used for service delivery. The Contractor will notify the Customer via the Primary Communication Method or by posting the relevant information on the Contractor's website at least three (3) calendar days before the planned maintenance. Such notice will specify the start and end dates of the maintenance.
3.3.7. Refuse, without penalties, to transmit messages if such messages do not comply with Ukrainian legislation and/or the provisions of the Rules/Agreement. The Contractor may block the transmission of such messages or the Customer's account. Account blocking is accompanied by immediate notification to the Customer via the Primary Communication Method. The account will be unblocked only upon receiving written explanations from the Customer within two (2) calendar days of the blocking and/or after resolving the issues that caused the suspension of services, and/or full payment of penalties, and/or providing evidence of the Customer's compliance with the service terms.
3.3.8. The Contractor reserves the right to periodically update the Cookies Policy without prior notice.
3.3.9. The Contractor is not responsible for the content of external websites.
3.3.10. The Contractor has the right to block the Customer's access to the System, without penalties, if the Customer uses a phone number not belonging to them and to withhold penalties equal to the remaining balance on the Customer's Electronic Virtual Account at the time of service termination.
3.3.11. If the Contractor receives information indicating that the Customer:
- does not comply with the established Rules for using the service;
- attempts to damage the Contractor's reputation, its partners, and/or Services;
- engages in activities in their account that may (or have already) caused disruptions to the normal operation of the system or its components, the Contractor, without penalties and without prior notice, will block the Customer's access to their account. Access to the Customer's account may be restored after the Contractor verifies that the violations have been resolved by the Customer and after receiving written confirmation from the Customer regarding the rectification of these violations.
3.3.12. The Provider is not obligated to review any content used by the Client. The Provider also has the right (but not the obligation) to refuse to host or remove any content used by the Client on the Provider's Website at its sole discretion.
3.4. The Client has the right to:
3.4.1. Receive services from the Provider in accordance with the terms of these Rules and/or the Agreement.
3.4.2. Independently determine the amount of replenishment for their electronic virtual account, as per clause 3.1.2 of these Rules.
3.4.3. Obtain information on the status of each Message sent through the Provider's website turbosms.ua/en/.
The Client can track statistical data on services received over the past six (6) months, including sent messages, via their personal account on the Provider's website.
3.4.4. Unilaterally discontinue using the service and, if necessary, terminate the Agreement by providing written notice to the Provider at the mailing address 03150, Kyiv-150, P.O. Box 220, at least fifteen (15) calendar days before the Agreement termination date.
3.4.5. Refuse to receive services due to changes in their cost and/or Terms of Service made in accordance with clause 3.3.1 of these Rules.
3.4.6. Submit complaints and suggestions to the Provider to improve the quality of services provided.
4.1. The Provider grants the Client access to the System and Web Interface, through which the Client can send Viber messages.
4.2. The Client independently creates the content of Viber messages in compliance with the terms and restrictions outlined in these Rules, the Agreement, and Viber policies.
4.3. The Provider assumes no responsibility or liability regarding the quality of Viber services in the cases outlined in clause 4.5 of these Rules.
4.4. The Client agrees that the Provider may unilaterally set and/or modify limits or restrictions on the number of Viber messages the Client can send, if Viber Company establishes or modifies such limits. The Provider will inform the Client of these changes by posting the relevant information on the Provider's website turbosms.ua.
4.5. The Provider is not liable for non-delivery or incorrect delivery of Viber messages to Viber Users in the following cases:
4.5.1. The Viber application or the User's End Equipment was not activated, or there was no Internet connection during the Message Lifetime of the Viber message;
4.5.2. The User has disabled message reception in the Viber application;
4.5.3. The Viber application was uninstalled during the transmission of the Viber message;
4.5.4. The version of the operating system or Viber application installed on the User's End Equipment does not support receiving Viber messages;
4.5.5. The Sender Name was blocked by the User;
4.5.6. In other cases resulting from the inability of the User's End Equipment or software installed on such equipment to receive the Viber message and/or due to reasons caused by mobile operators, Internet service providers, and/or other third parties.
4.6. The Contractor has the right to suspend the provision of Viber services without incurring any liability during the replacement/upgrade and/or scheduled maintenance of the Contractor's equipment and/or Viber's equipment and/or third-party equipment involved in providing Viber services. The suspension will last for the time required to test the updated equipment and/or conduct scheduled maintenance. The Contractor will notify the Customer by posting a relevant message on the Contractor's website turbosms.ua.
4.7. The Contractor has the right to suspend the provision of Viber services without prior notice and without incurring any liability during unscheduled maintenance of the Contractor's/Viber's/third-party equipment involved in providing this service. The Customer has no right to claim compensation for the period of such suspension.
4.8. If the lifetime of a Viber message, as set by the Customer, expires, the message may still be delivered to the User, as Viber's equipment attempts delivery within 14 (fourteen) calendar days or another period, which may be adjusted by Viber according to technical capabilities. These circumstances are beyond the control of both the Contractor and the Customer.
4.9. The Customer must obtain prior consent from the Viber User who will receive Viber messages containing the Customer's information. Such consent must be explicitly provided in a form that unambiguously confirms the User's willingness to receive Viber messages from the Customer.
The User's consent must include:
- the phone number for sending Viber messages, the recipient's name, and/or other personal data identifying the User;
- the name of the Customer's company to which consent is given and which will send Viber messages to the User;
- confirmation that the consent is specifically for receiving Viber messages and not messages of other types (SMS, email, etc.).
4.10. The Contractor has the right to unilaterally change the current Tariff and rules for providing Viber services. Tariff changes will be implemented with prior notice to the Customer at least 7 (seven) calendar days before the new rates take effect, by posting a corresponding message on the Contractor's website turbosms.ua. The changes will take effect on the date specified in the message.
The Contractor may implement such Tariff changes in a shorter timeframe, and the Customer will recognize them as valid if they are caused by changes in the terms of cooperation between the Contractor and Viber and/or third parties engaged in providing services.
The cost of Viber services is determined by Viber in foreign currency – Euros. The Customer pays for services in the national currency of Ukraine – hryvnia. The service cost in hryvnia is calculated based on the official exchange rate of the hryvnia to the Euro set by the National Bank of Ukraine (hereinafter referred to as NBU) as of January 24, 2024. If the exchange rate of the hryvnia to the Euro changes by 2% or more from the rate in effect as of January 24, 2024, the Customer unconditionally agrees that the Contractor has the right to change the cost of Viber services in hryvnia at any time before 12:00 Kyiv time, according to the current official NBU exchange rate for that day.
Such a change in the hryvnia-denominated cost of Viber services does not require any prior notification to the Customer and will be considered compliant with the Rules, the Agreement (if applicable), and the Customer's rights.
4.11. Prohibited Viber Messages: The parties agree that the Client is prohibited from sending the following Viber messages ("Prohibited Viber Messages"):
4.11.1. Any Viber messages (including text and/or images/pictures/photographs) sent without the prior explicit consent of the Viber User, expressed in a manner that unequivocally confirms the User's willingness to receive Viber messages from the Client. Upon request from the Provider, the Client must, within one (1) business day from the receipt of such a request in any form (written, electronic, telephone inquiry, etc.), provide information to the Provider's email address support@turbosms.ua (or another email address specified by the Provider) about the User's consent, the form of such consent, and, if necessary, an official letter from the Client explaining the requested information. This letter must be accompanied by evidence of the legality and validity of sending Viber messages to the specified User(s).
4.11.2. Messages (including text and/or images/pictures/photographs) that contain or exhibit:
4.11.2.1. Any anti-advertising or Viber messages discrediting the goods and/or services of third parties and/or any messages that mislead the user;
4.11.2.2. Erotic or pornographic content;
4.11.2.3. Political or religious content;
4.11.2.4. Information on financial services and/or cryptocurrencies and/or currency markets;
4.11.2.5. Information about fortune-telling, numerology, healing, and other similar services;
4.11.2.6. Content that violates public morality, undermines the territorial integrity of Ukraine, disrupts constitutional order and/or public order, threatens the security of Ukraine or other countries, and/or violates the laws of other countries;
4.11.2.7. Invitations or calls to mass gatherings (i.e., gatherings of more than 10 people);
4.11.2.8. Advertising of tobacco products and/or tobacco-containing products and/or electronic cigarettes, liquids for electronic cigarettes;
4.11.2.9. Advertising of alcoholic beverages;
4.11.2.10. Threats, obscene language, profanity, or words offensive to the User;
4.11.2.11. Information containing any discriminatory content, including (but not limited to) discrimination based on gender, sexual orientation, skin color, age, race, religion, health status, nationality, etc., inciting ethnic or religious hatred, violating personal dignity, infringing any rights, including copyright/related rights, or intellectual/industrial property rights of third parties;
4.11.2.12. Promotion of fascism or neo-fascism, calls for violence and/or war;
4.11.2.13. Promotion of drug addiction, substance abuse, alcoholism, smoking, and other harmful habits;
4.11.2.14. Viruses, any malicious software, trojans, spyware, phishing websites, "Nigerian letters," or other elements that may harm the User's end equipment, including links that may download harmful elements to the User's end equipment;
4.11.2.15. Any false information, including (but not limited to) information that directly or indirectly claims or implies that the sponsor or initiator of the content/information is Viber Company, or any other false information about Viber Company;
4.11.2.16. Content (including text and/or images/pictures/photographs) that violates the current laws of Ukraine. The Client is prohibited from sending Viber messages in a manner or with content that violates the applicable laws of Ukraine;
4.11.2.17. Information about any messengers, channels/numbers of the Client in such messengers, except for the Client's numbers in Viber and/or the Client's Viber channel.
4.12. If a Viber message contains intellectual property objects (trademarks, logos, slogans, names, etc.), the Client must have original documents confirming their rights to use such intellectual property. Upon request from the Provider, the Client must provide copies of these documents, notarized or signed by an authorized representative and stamped by the intellectual property owner, within one (1) business day, along with documents granting the Client the right to use such intellectual property if the Client is not the owner of the intellectual property.
4.13. The Client must ensure that Viber Users can opt out of receiving Viber messages. To facilitate this, the Client must include an active contact phone number in every Viber message.
4.14. The Client must immediately stop sending Viber messages to a User who has informed the Client by any means of communication about their prohibition or refusal to receive such messages.
4.15. The Client must pre-approve with the Provider in writing or via email any press releases, marketing materials, or other information that directly or indirectly references the Provider, Viber Company, or the Services or Viber Application.
4.16. When sending Viber messages to new Users, the Customer must ensure that the first message sent to each User is a Welcome Viber message (not an Advertising and/or Transactional Message).
Such a notification must contain only welcoming information (not advertising and/or transactional) and must be sent with the appropriate mark in the Contractor's System.
4.17. When sending advertising, informational, and transactional Viber messages, the Customer must differentiate the nature of such messages. To do this, when creating and sending Transactional and/or Informational Messages, the Customer must personally select and mark the appropriate category in the Contractor's System for each such Transactional and/or Informational Message.
Advertising Viber messages are sent without marks. If the Customer does not select any category for the nature of a Viber message, it will be considered an Advertising Viber message.
4.17.1. Sending a Transactional Viber message is only possible after the template for such a message has been approved by Viber. For details and the procedure for registering Transactional Viber message templates, the Customer must contact the Contractor in any convenient way and review the procedure personally in the "Templates" section on the Contractor's website.
4.18. When sending Test Viber messages, the Customer may use the Contractor's Sender Name.
For other (non-test) types of Viber messages, the Customer must use their own Sender Name. The use of such a Sender Name requires payment and registration with Viber. For detailed information about this service, the Customer should contact the Contractor in any convenient way.
4.19. A Chat Session remains active for 24 (twenty-four) hours from the moment it is opened by the subscriber or until the total number of Customer responses in that Chat Session reaches 60 (sixty) messages. After either of these conditions is met, the Chat Session is closed. The Customer cannot open a Chat Session with the subscriber independently.
Payment for each Chat Session opened by the subscriber is deducted from the Sender's Personal Balance after the Customer sends the first message in that Chat Session. If the Customer does not send a message in the Chat Session, no payment is charged.
The Customer cannot send more than 5 (five) consecutive messages in a Chat Session without receiving a response from the subscriber.
4.20. Sending Viber messages requires the mandatory signing of an Agreement.
5.1. The Customer pays for the services according to the Tariffs published on the Contractor's Website and/or specified in the Agreement.
5.2. Payment for services is made by the Customer on a prepayment basis by transferring funds to the Contractor's current account based on Invoices independently generated by the Customer using the System. The funds are credited to the Customer's Electronic Virtual Account after they are received in the Contractor's bank account.
5.3. The amounts used to top up the Electronic Virtual Account must be in whole numbers (multiples of one (1) hryvnia) without any fractional amounts.
5.4. The terms of the Grace Period apply to the Client if they top up their Electronic Virtual Account by an amount corresponding to the second or higher Top-Up Step. During this period, the Client can use services at a reduced cost.
Each Top-Up Step has a different service cost during the Grace Period. The Client can view the available Top-Up Steps and the associated service costs for each Grace Period on the Provider's website in the "Pricing" section.
During the Grace Period, the Client has the right to top up their Electronic Virtual Account with any amount. In such cases, the terms of the Grace Periods apply as follows:
On March 1, the account was topped up, activating a Grace Period with a lower service cost than the regular cost (valid until March 31 inclusive).
On March 15, the account was topped up with an amount qualifying for a Grace Period with a lower service cost than the current one (valid until April 14 inclusive).
Grace Period Terms:
From March 1 to March 14 inclusive, the Grace Period with a lower-than-regular service cost is in effect.
From March 15 to April 14 inclusive, the Grace Period with an even lower service cost is in effect compared to the period from March 1 to March 14.
From April 15, regular service costs apply.
On March 1, the account was topped up, activating a Grace Period with the lowest service cost (valid until March 31 inclusive).
On March 15, the account was topped up with an amount qualifying for a Grace Period with a higher service cost than the current one (valid until April 14 inclusive).
Grace Period Terms:
From March 1 to March 31 inclusive, the Grace Period with the lowest service cost is in effect.
From April 1 to April 14 inclusive, the Grace Period with a higher service cost than the period from March 1 to March 31 is in effect.
From April 15, regular service costs apply.
Grace Period durations are not cumulative or transferable; each period is strictly 30 days, starting from the day after the Client tops up their Electronic Virtual Account. If one Grace Period overlaps with another, the Grace Period with the lower service cost takes precedence. After its expiration, the conditions of the Grace Period with the higher service cost apply, or regular service costs are established.
5.5. If the Client, with prior approval from the Provider, receives unpaid services (overdraft), they must pay for such services within ten (10) calendar days from the date of receiving the service.
5.6. The Provider reserves the right to make changes to its tariff policy, with subsequent publication of the new tariffs on the Website. The Provider notifies the Client about the implementation of new tariffs by posting a message on the Provider's Website at least seven (7) calendar days before the changes in message transmission costs take effect. The effective date of the new tariff plan is the date of its publication on the Provider's Website, unless otherwise specified in the message previously published on the Website. An exception to this rule is the condition specified in clause 4.10 of these Terms.
5.7. Upon registration in the system, the Customer's Electronic Virtual Account is credited with an amount determined by the Contractor and specified on the website. This amount is the property of the Contractor and is not refundable as part of the remaining balance on the Customer's Electronic Virtual Account.
5.8. According to these Rules, the Customer pays for all SMS messages sent using the System in accordance with the Tariffs listed on the Contractor's Website. To pay only for delivered SMS messages within Ukraine, the Customer must sign a Service Agreement with the Contractor.
5.9. When transmitting messages through the telecommunications networks of operators in other countries, the tariffs may vary depending on the terms provided by those operators.
5.10. If Viber determines that a Transactional Viber message sent by the Customer does not match the approved template for the corresponding Viber Sender Name or if a Transactional Viber message is sent without an approved template for such Sender Name, the sent Transactional Viber messages will be charged by Viber as Advertising Viber messages. In this case, the Customer unconditionally agrees to pay the Contractor the difference between the cost of such Transactional Viber messages debited from the Customer's Electronic Virtual Account during their sending and their actual cost determined by Viber based on the template compliance verification results.
6.1. The Customer is solely responsible for all actions (and their consequences) performed under the Customer's account while using the System, including cases where the Customer voluntarily provides access credentials to third parties under any conditions (including agreements or contracts). All actions performed under the Customer's account are considered to have been made by the Customer.
6.2. The Customer is solely responsible for the security of their chosen passwords.
Passwords and API keys are confidential information that the Customer must not share with third parties, send via email, messengers, or publish on websites, including forums, code-sharing platforms, etc.
Technical support from the Contractor will never request passwords, API keys, or other confidential information from the Customer to resolve any issues. If the Customer's API key and/or passwords are compromised (e.g., stolen, guessed, or disclosed), the Customer must immediately change their current password using the Primary Communication Method and update their API key in the personal account management panel on the Contractor's website. The new API key must then be used to replace the old one in the Customer's application(s), if applicable.
The Customer is exclusively responsible for the reliability, safekeeping, and confidentiality of their passwords and API key. The Contractor does not possess this information, does not request it from the Customer, and is not responsible for its disclosure or any resulting losses.
6.3. The Customer is solely responsible for failing to comply with these Rules, the Agreement, and Ukrainian law regarding obtaining User consent for receiving messages. In cases where the Customer violates clauses 3.2., 4.9., 4.11. - 4.17. of these Rules, the Customer agrees that the Contractor is not responsible for any negative consequences caused by or potentially caused by the Customer's actions.
6.4. The Customer is fully responsible for the safekeeping and confidentiality of information about Users obtained during the collection and use of their personal data. If such information is disclosed due to the Customer's fault, they bear responsibility as prescribed by Ukrainian law.
6.5. The Contractor is not responsible for the content of messages sent by the Customer using the System. The Customer is solely responsible for the origin, content, and accuracy of the information contained in the messages, as well as for ensuring compliance with the requirements of Ukrainian and international law.
6.6. The Contractor accepts claims regarding Services for review in written or electronic form, sent by the Customer to the Contractor's email address support@turbosms.ua no later than 3 (three) working days from the occurrence of the disputed situation. The review period for the Customer's claims is no more than 15 (fifteen) working days. The Contractor does not compensate for any lost profits of the Customer under any circumstances.
6.7. In the event of a justified claim by the Client regarding the inability to use the service due to the Provider's fault, the Provider will refund the funds received from the Client, deducting the cost of messages already sent. The remaining unused balance on the Client's Electronic Virtual Account at the time of the refund will be returned via non-cash transfer to the Client's current account. The refund will be processed within ten (10) days upon receipt of a written request from the Client, including the necessary account details for the refund and documents confirming the Client's top-up of their Electronic Virtual Account on the Provider's website (e.g., receipts, payment orders, or other proof). If the Client fails to provide the aforementioned documents, no refund will be issued.
6.8. If the Client delays payment for services provided by the Provider (if the provided services were not prepaid by the Client), the Client must pay the Provider a penalty equal to double the NBU's (National Bank of Ukraine) discount rate effective during the period for which the penalty is calculated, applied to the cost of the provided but unpaid services for each day of the delay.
6.9. If the Provider delays the provision of services under this Agreement, the Provider shall pay the Client a penalty equal to double the NBU's discount rate effective during the period for which the penalty is calculated, applied to the cost of the delayed services for each day of delay, but not exceeding two (2) months.
6.10. If the Provider receives a written, verbal, or other type of complaint/claim/demand regarding the content of messages sent by the Client using the Provider's System from an Operator, a user, or other interested third parties, the Provider, except in cases provided by Ukrainian law, will immediately forward the complaint/claim/demand to the Client. The Client must review the validity of the complaint and provide an official written response to the Provider within two (2) business days regarding the matter.
6.11. The Provider has the right to block the Client's access to the Website, System, and/or their components if the Client violates the conditions outlined in these Rules and/or the Agreement and/or the applicable laws of Ukraine.
6.12. If the violation described in clause 6.11 of these Rules is confirmed, the Provider has the right, at its discretion, to:
- Terminate the provision of services to the Client and independently deduct a penalty equal to the remaining funds on the Client's Electronic Virtual Account at the time of service termination;
- After consulting with the Client, obtaining their written explanations, ensuring the Client resolves the identified violations, and, if necessary, compensates for damages, restore the provision of services.
6.13. If the alleged violations described in clause 6.11 of these Rules are not confirmed, the Provider shall immediately restore the provision of services to the Client.
6.14. If the Customer violates clauses 3.2.2. - 3.2.6. of section 3.2. of these Rules, the Contractor has the right to unilaterally suspend the provision of services and impose a penalty of 100 (one hundred) hryvnias for each message sent in violation of clauses 3.2.2. - 3.2.6. of section 3.2. of these Rules.
6.15. If the Customer sends a Prohibited Viber Message via the Contractor's Web Interface and/or violates clauses 4.9., 4.11. - 4.14. of these Rules and/or Viber Policies, resulting in financial consequences or sanctions against the Contractor by Viber or other third parties, the Customer unconditionally acknowledges their obligation to reimburse the Contractor for all losses, fines, or other financial penalties caused by the Customer's unlawful actions or violations.
6.16. If the Customer violates clause 3.2.7. of section 3.2. of these Rules and/or causes damage, the Customer must fully compensate the Contractor, Users, Operators, or third parties for damages related to the rectification of harm, in accordance with Ukrainian law.
6.17. In case of violation by the Customer of these Rules and/or the requirements of Ukrainian or international law, the Customer is solely and fully responsible to the Contractor and/or third parties for their actions related to the use of the System, including if such actions result in violations of the rights and legitimate interests of the Contractor and/or third parties.
6.18. If the Contractor is involved in legal proceedings as a defendant due to the provision of false, confidential, illegally obtained information or information violating the rights of third parties in Messages sent by the Customer, the Customer fully and unconditionally agrees that the Contractor is not the proper defendant and cannot be held liable for the actions of the Customer. The Contractor must be replaced by the proper defendant, who in this case is the Customer. The Customer bears responsibility in accordance with these Rules, the Agreement, and Ukrainian law.
6.19. If the Customer violates these Rules, the Agreement, and/or the requirements of Ukrainian law, resulting in damages to the Contractor or claims/lawsuits from Users, Operators, or third parties, the Customer must fully compensate the Contractor for all damages caused by such violations, including fines paid by the Contractor to Operators/Viber/third parties for such violations. The Customer also agrees to independently resolve and cover claims/lawsuits from Users, Operators, Viber, or third parties at their own expense.
6.20. All disputes and disagreements between the Parties must be resolved through negotiations. If an agreement is not reached through negotiations or if one Party avoids participating in negotiations, disputes shall be resolved in court in accordance with Ukrainian law.
6.21. The Site Administration is not responsible for any consequences arising due to the Customer's fault.
7.1. By agreeing to the terms of these Rules, the Client consents to the use and automated processing of data, including personal data and/or identifying information about the Client, as well as personal data of individuals whose data is transmitted/disclosed during the fulfillment of obligations under these Rules. This processing includes collection, receipt, systematization, accumulation, storage, clarification, use, anonymization, blocking, deletion, destruction, and any other actions related to the processing of such data, as well as its transfer to third parties, provided it does not contradict the current legislation of Ukraine, including but not limited to the Law of Ukraine "On Personal Data Protection."
7.2. The Parties also confirm and guarantee that they are familiar with the rights of personal data subjects, as outlined in the Privacy Policy and Article 8 of the Law of Ukraine "On Personal Data Protection" No. 2297-VI dated June 1, 2010 (as amended and supplemented), and agree to comply with all applicable personal data protection legislation.
8.1. The Parties undertake their obligations under these Rules on the condition of maintaining confidentiality of information made available to them in connection with the establishment, execution, and termination of relationships under these Rules and/or the Agreement.
Confidential information includes all information related to these Rules and/or the Agreement and the operations performed under them, as well as any information for which the Parties take measures to ensure confidentiality.
8.2. The Parties agree to keep confidential, not disclose to third parties (except as required by the current legislation of Ukraine), and not misuse information that became known to them during their relationships and whose unauthorized dissemination may harm either Party.
8.3. The Parties are liable under the current legislation of Ukraine for failing to fulfill or improperly fulfilling the terms of clause 8.2 of these Rules. If either Party discloses confidential information about the other Party or the terms of the Agreement, causing the other Party to incur losses, the Party responsible for the disclosure must compensate the injured Party for all documented losses resulting from the disclosure, except when the disclosure is explicitly required by the norms of the current legislation of Ukraine and/or during judicial or other legal proceedings to protect their rights and interests.
8.4. While performing the terms of these Rules and/or the Agreement, the Parties agree to fully cooperate in protecting their interests from dishonest actions by third parties.
9.1. Neither Party shall be liable for violating the Rules if such violation results from force majeure circumstances, including but not limited to: acts of war, blockades, military actions, riots, illegal actions by third parties, fires, explosions, prolonged transport interruptions, acts of state/local authorities, export/import prohibitions (restrictions), exceptional weather conditions, natural disasters (e.g., epidemics, cyclones, hurricanes, tornadoes, floods, earthquakes, droughts), and other circumstances beyond the Parties' control that could not have been foreseen or prevented (hereinafter referred to as "force majeure").
9.2. A Party affected by force majeure must notify the other Party of the occurrence of such circumstances within three (3) calendar days of their onset using the primary means of communication and/or via the other Party's email address.
9.3. Proper documentary evidence of force majeure shall be a relevant document (certificate) issued by the Ukrainian Chamber of Commerce and Industry or another authorized body.
9.4. Upon the cessation of force majeure circumstances, the affected Party must notify the other Party of their conclusion within three (3) calendar days using the primary means of communication and/or via email and/or by telephone.
9.5. If the Parties cannot agree on the duration of the force majeure circumstances, the Party claiming force majeure must provide a document detailing the duration of such circumstances upon the other Party's request. The original document must be provided within thirty (30) calendar days from the receipt of the corresponding request.
9.6. Failure to comply with clauses 9.2–9.5 of these Rules will deprive the affected Party of the right to invoke force majeure as grounds for exemption from liability for failing to fulfill obligations under these Rules.
10.1. The relationship between the Parties is considered established and effective from the moment the Client registers on the Website and remains valid for one calendar year from the date of establishment. The term of the relationship is automatically extended for an additional calendar year unless either Party notifies the other at least thirty (30) calendar days before the expiration of their intent to terminate the relationship. The relationship may also be terminated on other grounds specified in these Rules and/or the Agreement.
10.2. The Provider has the right to unilaterally terminate the relationship with the Client in the event of violations by the Client of the conditions outlined in these Rules and/or the Agreement, as well as in cases of unauthorized interference by the Client in the operation of the System and/or misuse of the Provider's System.
10.3. The legal relationship may be terminated early by either Party unilaterally by sending a written/electronic notification to the other Party at least 15 (fifteen) calendar days before the termination date.
10.4. After the termination of the legal relationship, the Contractor retains the Customer's personal data and their Client personal data database in the System for 1 (one) year. After the expiration of 1 (one) year, the Contractor destroys the Customer's personal data unless the Parties agree otherwise at the time of termination. The destruction of the Customer's personal data in this case does not require prior or subsequent notification to the Customer.
10.5. The termination of the legal relationship does not release the Parties from properly fulfilling their obligations under these Rules and fully settling any debts that may exist between them for the entire period up to the termination date.
11.1. The procedure for using these Rules, their implementation, and all other issues not regulated by the Rules and/or the Agreement shall be resolved in accordance with the applicable laws of Ukraine, including but not limited to the Constitution of Ukraine, the Law of Ukraine "On Personal Data Protection," the Law of Ukraine "On Advertising," and the provisions of international legal acts ratified by the Verkhovna Rada of Ukraine.
11.2. If any terms or provisions of these Rules and/or the Agreement are found to be invalid or illegal, all other terms and provisions of the Rules or Agreement remain unchanged and retain full legal force.
11.3. Nothing in the Rules and/or the Agreement shall be construed as establishing agency relationships, partnerships, joint ventures, employment relationships, or other relationships between the Customer and the Contractor not explicitly provided for in the Rules and/or the Agreement.
11.4. The Customer confirms that they have reviewed all points of these Rules and unconditionally accept them.
11.5. Service Agreements and all legal relationships established before the effective date of the current version of the Rules (hereinafter referred to as "existing agreements") remain valid insofar as they do not conflict with the provisions of the current version of the Rules.
11.6. If the Customer does not wish to continue the legal relationship with the Contractor under these Rules, the Customer must notify the Contractor of their disagreement within 5 (five) calendar days of the announcement on the Contractor's Website about the implementation of the current version of the Rules. In this case, the legal relationship with the Customer terminates upon notification of their disagreement. If no such notification is received from the Customer, it is assumed that the Customer has fully agreed to the requirements of the new version of the Rules.
11.7. The provisions of these Rules are mandatory for all previously registered Customers.
Registered address:
03022, Kyiv, Vasylkivska St., 34, Building A, Office 307
Mailing address: 03150, Kyiv-150, P.O. Box 220
LLC "MOBIZON"
EDRPOU: 37623364
Tax ID: 376233610272
IBAN: UA763348510000000026003216721 in PUMB Bank JSC
These requirements are mandatory when sending advertising messages using the TurboSMS service.
In accordance with Article 8 of the "Law on Advertising" dated 03.07.1996 No. 270/96-VR (hereinafter referred to as the "Law on Advertising"), it is prohibited to disseminate unfair or misleading advertising, as well as advertising that contains information or images that violate ethical, humanistic, or moral standards, etc.
Advertising of alcoholic beverages, tobacco products, trademarks, and other intellectual property objects associated with alcoholic beverages and tobacco products is prohibited on the TurboSMS service.
Only advertising of those medicines, medical devices, and methods of prevention, diagnosis, treatment, and rehabilitation that are officially authorized by the central executive body implementing state policy in the field of healthcare for use in Ukraine is permitted. Additionally, only medicines that are available without a doctor's prescription and are not included in the list of medicines prohibited for advertising by the central healthcare authority are allowed.
Advertising of medicines that are permitted and dispensed only with a doctor's prescription, as well as those included in the list of prohibited medicines, is forbidden. The advertising of doping substances and/or methods for their use in sports is also prohibited.
Advertising of medicines, medical devices, and methods of prevention, diagnosis, treatment, and rehabilitation must include the following:
The advertisement of pharmaceuticals, medical devices, and methods of prevention, diagnosis, treatment, and rehabilitation must not include references to therapeutic effects regarding diseases that are untreatable or difficult to treat.
The following is prohibited in the advertisement of pharmaceuticals, medical devices, and methods of prevention, diagnosis, treatment, and rehabilitation:
Advertisements for medicines, medical devices, and methods of prevention, diagnosis, treatment, and rehabilitation are prohibited from featuring doctors, other professional medical workers, or individuals whose appearance imitates that of doctors.
Advertisements for medicines must not include information that implies the medicine is a food product, cosmetic, or other consumer good, or that its safety or efficacy is due to its natural origin.
Advertisements for products and methods that do not belong to medicines, medical devices, methods of prevention, diagnosis, treatment, and rehabilitation, as well as advertisements for dietary foods for special dietary use, functional foods, and dietary supplements, are prohibited from claiming therapeutic properties.
Mass advertising of healing practices and new methods of prevention, diagnosis, rehabilitation, and medicines that are under review but not yet approved for use is prohibited.
Advertisements for traditional medicine (healing) services and the individuals who provide them are permitted only if they possess the relevant special license to practice traditional medicine (healing) issued by the central executive authority responsible for healthcare policy implementation. Such advertisements must include the license number, issue date, and the name of the issuing authority.
Must include information about the dates and location of such events and specify the source where details about the terms and venue of these events can be obtained.
Any changes to the terms, location, or timing of contests, lotteries, prize draws, and promotional events must be communicated in the same manner as the original information was disseminated.
The Law of Ukraine "On State Lotteries in Ukraine" establishes the principle of state monopoly on lotteries, prohibiting the implementation and conduct of any lotteries in Ukraine other than state lotteries conducted by licensed operators authorized under this law.
In accordance with the Law of Ukraine "On State Lotteries in Ukraine," the following are prohibited:
1) Organizing, advertising, or distributing lotteries that do not have state status;
2) Distribution of lotteries organized outside Ukraine, including their advertisement and participation in them;
3) Organizing and conducting games in which participants are outside the venue where the game takes place unless the game has state lottery status;
4) Organizing and conducting games with cumulative (joint) grand prizes where the payment collection points are located outside a single venue, and the game does not have state lottery status.
Must include information about the location, start, and end dates of the price discount or sale, as well as the comparison of the discount size with the previous price.
Price information for goods and service tariffs advertised in Ukraine must be stated exclusively in hryvnias.
Advertising weapons is not permitted on the TurboSMS service.
Advertising services related to attracting public funds or provided by entities offering such services is allowed only with a special permit or license confirming the right to carry out such activities. Such advertisements must include the permit or license number, issue date, and the name of the issuing authority. This provision does not apply to advertisements featuring only trademarks, service marks, or company names (without advertising services).
It is prohibited to mention expected dividends or future profits in such advertisements, except for dividends actually paid based on results for at least one year.
Advertising erotic or pornographic materials, prostitution, or advertisements containing elements of cruelty, violence, cynicism, or degradation of human honor and dignity is prohibited.
Advertisements for services provided via telecommunication, including telephone services, must include accurate information about:
The above information must be presented in a font size no less than half the size of the font used for the phone number provided for the advertised service.
According to Article 24-1 of the Law "On Advertising," advertisements for vacancies (job offers) are prohibited from specifying candidate age, offering jobs exclusively to women or men (except for specific jobs that can only be performed by persons of a certain gender), or imposing requirements that favor one gender, race, or skin color (except as defined by law or for specific jobs that can only be performed by persons of a certain gender). Advertisements must not include requirements related to political, religious, or other beliefs, union membership, ethnic or social origin, property status, residence, language, or other criteria.
The text of advertisements by business entities providing employment intermediation services in Ukraine must include a note that charging fees, commissions, or other compensation from citizens for job search or employment assistance and related services is prohibited.
Advertising of construction projects for the sale of residential and non-residential premises, including those involving public funds, is permitted only with a valid license (permit) for construction activities and a permit for construction work on the advertised project. Such advertisements must include the license (permit) number, its issue date, and the name of the issuing authority.
Advertising information about:
1) collective investment institutions;
2) issued securities and/or securities in circulation;
3) products and/or services offered by professional stock market participants;
4) products and/or services offered by self-regulatory organizations of professional stock market participants;
5) services of authorized rating agencies.
Advertisers for securities and stock market advertisements may include:
1) for collective investment institutions - only corporate investment funds or asset management companies of the respective investment fund;
2) for issued securities and/or securities in circulation - only the issuer or owner of the securities, as well as an underwriter under a relevant underwriting agreement with the issuer;
3) for products and/or services of a professional stock market participant - only the professional stock market participant. Professional stock market participants are prohibited from advertising other professional participants;
4) for products and/or services of self-regulatory organizations of professional stock market participants - only such self-regulatory organizations;
5) for services of authorized rating agencies - only the authorized rating agencies themselves.
Government bodies are prohibited from distributing advertisements for securities and the stock market, except for advertisements related to the placement and circulation of government securities or securities owned by the state.
Local government bodies are also prohibited from distributing advertisements for securities and the stock market, except for advertisements related to the placement and circulation of municipal bonds or securities owned by municipalities.
Advertisements for securities must include information about the registration of the respective securities issue as specified in the certificate of registration for that issue.
Advertisements for collective investment institutions must include information confirming their inclusion in the Unified State Register of Collective Investment Institutions, specifying the certificate number, its issuance date, and the duration of the institution's activity.
Advertisements for products and/or services of professional stock market participants must include information confirming the presence of a license that grants the right to conduct the respective activity in the stock market, specifying the series and number of the license, its issuance date, and expiration date, as well as the name of the issuing authority.
Advertisements for products and/or services of self-regulatory organizations of professional stock market participants must include information confirming the registration of the self-regulatory organization, specifying the certificate number and issuance date.
Advertisements for services of authorized rating agencies must include information confirming their inclusion in the State Register of Authorized Rating Agencies, specifying the certificate number and issuance date.
Other information required in advertisements for securities and the stock market is established by the National Securities and Stock Market Commission in accordance with the law.
Prohibited advertisements include:
Advertisements must not depict children in dangerous situations or circumstances that, if imitated, could harm children or others, nor should they encourage disregard for safety in situations dangerous to health and life.
Advertisements must not harm children morally or physically or create feelings of inferiority in them.
Advertisements must not suggest that products primarily intended for children can be purchased by every family without considering their budgetary constraints.
Advertisements must not give children the impression that possessing the advertised product gives them an advantage over other children.
The length of a single message written in Latin characters is 160 characters, including spaces and other symbols. When using Cyrillic characters in the message, the length is 70 characters. If at least one Cyrillic character is present, the message length is 70 characters. If an SMS message exceeds the standard length of 160 Latin or 70 Cyrillic characters, the message is divided into parts, with each part being sent and charged as a separate SMS.
Please note that you should always type the message text carefully, ensuring each character is manually entered. Copying text from another file may cause the system to count a Latin character as Cyrillic, resulting in 70 characters being counted instead of 160.
Below is a list of all characters used in Latin and Russian/Ukrainian keyboard layouts:
Latin: ~$^[]{}@_"'-=+!#%&*(),.?;:abcdefghijklmnopqrstuvwxyzABCDEFGHIJKLMNOPQRSTUVWXYZ1234567890
Cyrillic: €–№`—абвгґдєеёжзийіїклмнопрстуфхцчшщъыьэюяАБВГҐДЄЕЁЖЗИІЇЙКЛМНОПРСТУФХЦЧШЩЪЫЬЭЮЯ
It should also be noted that in Latin text, the symbols ~^[]{}| are counted as two characters (according to the GSM 03.38 encoding specification).
SMS Message Size(number of segments) |
Number of Latin Characters(GSM encoding) |
Number of Cyrillic Characters(Unicode encoding) |
|---|---|---|
| 1 | 160 | 70 |
| 2 | 305 | 133 |
| 3 | 457 | 199 |
| 4 | 609 | 265 |
| 5 | 761 | 331 |
| 6 | 913 | 397 |
| 7 | 1065 | 463 |
| 8 | 1217 | 529 |
| 9 | 1369 | 595 |
| 10 | 1521 | 661 |
Single SMS messages are sent instantly. Bulk messages are queued and sent to operator platforms every minute. Delivery reports are updated within 7 days.
