1.1. These service usage rules (hereinafter referred to as the "Rules") regulate the relationships between LLC "Mobizon" (hereinafter referred to as the "Provider") and the user of the services (hereinafter referred to as the "Customer"). They define the rights and obligations of the parties, the terms and conditions of using the services provided by the Provider, the procedure for concluding a service agreement (hereinafter referred to as the "Agreement") and the terms of its termination, personal data protection, liability of the parties, as well as other issues not regulated by the Agreement and/or current legislation.
The Customer can be a capable individual acting in their own interests or on behalf of and in the interests of a legal entity or another individual/entrepreneur.
1.2. These Rules constitute a public contract and a public offer under Articles 633 and 641 of the Civil Code of Ukraine. Their terms are the same for all consumers.
1.3. The actions of the Customer performed for registration on the website https://turbosms.ua/ (hereinafter referred to as the "Website") and further use of the Provider's service constitute full and unconditional acceptance of these Rules and Message Content Requirements in accordance with Part 2 of Article 642 of the Civil Code of Ukraine, which is equivalent to entering into an agreement under the conditions outlined below.
1.4. If the Customer wishes or in cases established by the Provider, a paper-based Service Agreement may be concluded between the parties. The Rules are an integral part of the Agreement. The provisions of these Rules are not exhaustive and may be supplemented by the provisions of the Agreement and its integral parts. In case of contradictions between the provisions of the Agreement and these Rules, the provisions of the Agreement shall apply.
1.5. The Provider has the right to amend and/or supplement these Rules, which shall be communicated to the Customers at least seven (7) calendar days before they come into force, in one of the following ways: by email, through the personal account, or by posting information on its website.
1.6. The Rules apply to all Customers without exception, regardless of when the Agreement was concluded (including Customers who entered into agreements before these Rules came into force), the type of services received, or other circumstances.
1.7. The tariffs for the 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 relationships between the parties are regulated by these Rules, the Agreement, the Tariffs, other documents that are an integral part of the Agreement, as well as the current legislation of Ukraine concerning the relationships between the parties.
1.9. The Provider's services are not telecommunications services. The Provider offers the Customer services for enabling access to the Provider's service through public telecommunications networks and for transmitting messages created by the Customer to mobile operators' centers, i.e., Internet services (hereinafter referred to as the "Services").
In these Rules, the Agreement, its integral parts, and in the Message Content Requirements, terms are used in the following meanings:
2.1. Website – the Provider's website, hosted on the Internet at the address: https://turbosms.ua/.
2.2. Subscriber – individuals and/or legal entities with whom the Operator has entered into a wireless telecommunication services agreement, as well as individuals using and paying for wireless telecommunication services without a written agreement.
2.3. Website Administration – a person authorized by the Provider to manage the website and perform other actions related to the use of the Website.
2.4. Operator – a Ukrainian legal entity providing wireless telecommunication services on a commercial basis and holding the relevant license to provide such services in Ukraine.
2.5. Viber Company – the legal entity Viber Media S.à r.l., which owns the intellectual property rights to the Viber Application.
2.6. Personal Data – information or a set of information about 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 these data, and the processing procedures unless otherwise provided by law. The Customer is considered the Personal Data Owner in this relationship.
2.8. Consent of the Personal Data Subject – a voluntary declaration of will by an individual (provided they are informed) to authorize the processing of their personal data for a specified purpose, expressed in written form, containing the date and signature of the personal data subject.
2.9. Personal Data Processor – an individual or legal entity authorized by the personal data owner or by law to process these data on behalf of the owner.
In this relationship, the Provider is considered the Personal Data Processor, acting on behalf of the Customer to process users' personal data to the extent necessary to provide the services.
2.10. Data Subject – an individual whose personal data is being processed.
2.11. Confidential Information about a Person – personal data with restricted access, classified as such by the individual or by law.
2.12. Electronic Virtual Account – a software application of the System that allows the Client to monitor the inflow and outflow of funds on their personal account.
2.13. System – a software and hardware complex of the Provider that enables the Client to register independently, send messages, track their status, and manage their electronic virtual account.
2.14. Web Interface – a software package that is part of the Provider's System and provides the Client with access to the Services.
2.15. API – a description of methods (a set of classes, procedures, functions, structures, or constants) by which one computer program can interact with another program.
2.16. Login – a set of specific characters created by the Client during registration on the Provider's website turbosms.ua, which is later used for Client identification in the System.
2.17. Password – a sequence of characters known only to the Client, stored in encrypted form on the Website, and used for Client identification in the System.
2.18. API Key – a unique secret identifier consisting of a combination of Latin characters, numbers, and various special symbols, used for authenticating the Client's application calls to the Provider's API.
2.19. Viber Policies – rules and requirements established by Viber for using the Viber Application. Viber Policies are available on the official Viber website via the links: https://www.viber.com/en/terms/.
2.20. Viber Application (or Viber) – a software application developed by Viber, including VoIP technologies, instant messaging tools, and other means of information exchange between users, which can be installed on mobile phones, tablets, and personal computers.
2.21. Viber Message Transmission Service via the Viber Application (or Viber Service) – provision of the ability by the Provider to transmit Viber messages from the Client to the end devices of Viber Users via the Viber Application in accordance with the terms of these Rules, enabled by the Provider granting the Client access to the Provider's System.
2.22. Reporting Period – the period from 00:00:00 of the first day of a calendar month to 23:59:59 of the last day of the calendar month (Kyiv time).
2.23. User – a data subject, a consumer of telecommunication services of any Operator, or one who has installed the Viber Application on their end device and explicitly consented to receiving messages from the Client.
2.24. Alphanumeric Name – a unique combination of Latin letters or a unique mix of Latin letters and Arabic numbers (up to 11 characters) created by the Client at their discretion, displayed in the Messages sent to Users as the Client's identifier.
Depending on the services that use Alphanumeric Names, they are divided into two types: National Alphanumeric Names and International Alphanumeric Names. The criteria for classifying an Alphanumeric Name into a specific category are outlined in the section Sender Name Rules.
If the Client's Alphanumeric Name does not qualify as National, the Provider reserves the right to automatically replace such Alphanumeric Name with another Alphanumeric Name at their discretion.
2.25. Message – an SMS message or a Viber message.
2.26. SMS Message (Standard SMS Message) – a set of alphabetic and numeric characters (text) created by the Client and delivered to Users, consisting of 160 characters when using the Latin alphabet or 70 characters when using the Cyrillic alphabet. If the text exceeds the specified number of characters, each subsequent part of the SMS message is considered 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 Message – an SMS message delivered to a User of a Ukrainian Operator using a National Alphanumeric Name.
2.26.2. International SMS Message – an SMS message delivered to a User of a Ukrainian Operator using an International Alphanumeric Name or classified as International by the Operator.
2.27. Viber Messages – messages created by the Client and delivered to end devices of Users via the Viber Application. A 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 Promotional and/or Greeting Viber Messages.
A separate category includes Test Viber Messages.
2.27.1. Transactional/Informational Viber Messages – personal informational (service) and transactional non-promotional messages containing information about a specific operation/transaction.
Sending a Transactional Viber Message is possible only with an approved template agreed upon with Viber.
2.27.2. Promotional and/or Greeting Viber Messages – messages containing advertisements/promotional information and/or combined messages simultaneously containing promotional information, information about completed transactions/operations, greetings, or other non-transactional messages.
2.27.3. Test Viber Messages – messages containing the word “Test,” not constituting an advertisement or personal/informational message, and/or devoid of any informational value.
2.28. Sender Name (Viber Sender Name) – a unique combination of Latin and/or Cyrillic letters and/or Arabic numbers (up to 20 characters) created by the Client at their discretion and displayed in Viber Messages sent to Users as the Client's identifier.
Depending on the degree of personalization, Sender Names are divided into two types – Provider's Sender Name and Personal Sender Name.
2.28.1. Provider's Sender Name – a Sender Name set at the Provider's discretion, which the Client can use exclusively for sending Test Viber Messages until registering a Personal Sender Name.
2.28.2. Personal Sender Name – a Sender Name created by the Client at their discretion, registered with Viber, and owned exclusively by the Client.
2.29. End Viber Device – a mobile device (phone, smartphone, tablet, or similar), laptop, or personal computer of a Viber User, where the Viber Application is installed and capable of receiving Viber Messages.
2.30. Message Lifetime – a specific period during which the system will attempt to deliver a Message that was sent but not successfully delivered on the first attempt.
2.31. Grace Period – a period of 30 (thirty) calendar days starting from the day following the day the Client replenishes their Electronic Virtual Account. During these 30 (thirty) days, the Client has the right to use the service at a reduced cost.
2.32. Top-Up Step – a range of monetary amounts within which the Client can top up their Electronic Virtual Account.
2.33. Service Line Phone Number – the phone number of the Client's service department or a third party engaged by the Client on a contractual basis to provide user support, including consulting and other services.
2.34. Phishing Site – a fraudulent website designed to steal payment card details to facilitate the theft of funds from cardholders' accounts.
2.35. Nigerian Letter – a fraudulent message aimed at obtaining money from the recipient of the message.
2.36. One-Time Identifier – an alphanumeric sequence received by 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 device (e.g., computer or smartphone) when accessing the Provider's website. This allows the Provider's website to recognize the Client's device and store some information about the Client's preferences or previous actions.
2.38. Multi-Registration – the registration of multiple profiles in the System for one user.
2.39. SPAM (Spam Message) – any Message that the User has not explicitly consented to receive, regardless of its content, or that meets at least one of the following criteria:
2.39.1. Messages with identical or different text delivered to the same User more than 10 (ten) times per day;
2.39.2. A Message results in a justified complaint by the User or causes technical obstacles to the functioning of the Provider's equipment or the Operator's/telecommunications network or Viber Company;
2.39.3. The Message does not contain accurate information about the full name of the Client and/or the Client's Service Line Phone Number;
2.39.4. The User cannot stop receiving Messages by informing the Client;
2.39.5. A Message that incurs a fee for receipt (a charge imposed on the User), provided the User did not request such a Message;
2.39.6. A Message whose text was not pre-approved by the Client with the Provider, where such approval is mandatory according to these Rules;
2.39.7. Messages encouraging Users to call and/or send text messages to suggested numbers, participate in any events, or offering explicit/implicit proposals to join the Operator's network or use its services;
2.39.8. Messages containing information about cryptocurrencies and currency markets;
2.39.9. Messages containing information about fortune-telling, numerology, healing services, or other similar services;
2.39.10. Messages containing information about alcohol, narcotic substances, tobacco products, electronic cigarettes, or similar products;
2.39.11. Messages containing information about dietary supplements (DS) and/or other products not certified (if required) or lacking a certified laboratory conclusion about their safety for consumer health and compliance with Ukraine's medical standards;
2.39.12. Messages whose content violates the current legislation of Ukraine or is illegal;
2.39.13. Messages containing information that can be interpreted as electoral campaigning and/or political advertising, with a political context;
2.39.14. Messages containing information about public figures/organizations/movements;
2.39.15. Messages containing erotic and/or pornographic content;
2.39.16. Messages containing religious content;
2.39.17. Messages relating to minors and/or confidential information about a person without their consent for its dissemination;
2.39.18. Messages that, by their nature, are or could be “Nigerian Letters”;
2.39.19. Messages containing hidden links to Phishing Sites or websites with malware.
2.40. Viber Chat Session – a two-way chat that a subscriber can initiate to communicate with the Client in response to a received Viber Message from the Client using their Personal Sender Name.
2.41. Terms not specified in this section are used in these Rules as defined by current Ukrainian legislation.
3.1. The Provider is obliged to:
3.1.1. Provide the Client with Services in accordance with the terms of these Rules and the Agreement.
3.1.2. Allow the Client to generate an invoice for Service payment using the System based on the current Tariffs specified on the Provider's website at https://turbosms.ua/en/price.html.
3.1.3. Upon receipt of funds from the Client to the Provider's account, credit the received amount to the Client's electronic virtual account within the nearest working time, but no later than the next banking day, and provide the Services to the Client.
3.1.4. Ensure the protection of personal data of the Client and users known to the Provider during service provision.
3.1.5. Provide the Client with the ability to monitor information about:
- the actual crediting of 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.
3.1.5.1. The ability to monitor the information specified in clause 3.1.5 of these Rules is implemented via the Client's account login created by the Client during registration on the Provider's website (turbosms.ua).
3.1.6. The Provider is not liable for and does not guarantee message delivery to Users in cases where:
- the User is out of the coverage area of the Operator's telecommunications network serving the User;
- in cases of enabling/disabling/malfunctioning of the Operator's or User's equipment;
- in cases of improper functioning of the telecommunications network used by the Provider for service provision;
- in cases of sending messages to other countries;
- if the Message text consists of more than three parts (segments).
3.1.7. The Provider is not liable and does not reimburse the Client for lost profits resulting from the temporary blocking of the Client's account caused by multiple (3 or more) incorrect password attempts to access the System.
3.2. The Client is obliged to:
3.2.1. Obtain explicit consent from the User receiving the Client's information messages, regardless of their content. This consent must be properly documented and explicitly confirm the User's willingness to receive messages from the Client.
At the request of the Provider and/or the Operator and/or another authorized entity, the Client must, within 2 (two) working days of receiving such a request in any form (written, electronic, by phone, etc.), provide information about the User's consent to receive messages, the form of such consent, and, if necessary, an official Client letter explaining the requested information to the Provider at support@turbosms.ua (or another email specified by the Provider in the request). This letter must include proof of the legality and legitimacy of sending messages to a specific User/Users.
3.2.2. Inform the User – the recipient of the Message – about the possibility and method of refusing further messages sent via the System. To enable Users to refuse messages and handle complaints, questions, and claims arising from receiving Messages from the Client, the Client must include in each Message the Client's company name (or the entity represented by the Client) and the Client's Service Line Phone Number.
3.2.2.1. If the User informs the Client in any way (orally, in writing, by phone, email, etc.) about their refusal to receive further messages (withdrawal of consent) and/or requests the deletion/destruction of their personal data from the Client's database in the Provider's service, the Client must immediately delete/destroy such personal data from the database in the Provider's service and notify the User and the Provider within 5 (five) working days. Sending messages to such a User is only possible upon their new written consent to receive messages from the Client.
3.2.2.2. If a User directly contacts the Provider requesting the deletion/destruction of their personal data from the Client's database in the Provider's service and/or notifies of refusal to receive further messages from the Client, the Provider has the right to suspend/stop the Client's ability to send Messages to this User and/or inform the Client about the User's request, requiring them to take necessary measures to satisfy the User's demands. Such a request may be expressed in any way (orally, in writing, etc.).
3.2.3. The Client must not send Spam Messages.
3.2.4. The Client must pre-approve the text of Messages with the Provider if such messages have signs of or contain information about: lotteries/raffles/quizzes, financial services, medical services and products, dietary supplements, social and/or political organizations, parties, movements, religious organizations, information about products or services subject to mandatory licensing/certification, or information about minors and/or confidential personal data without consent. Such approval is carried out by sending the message text from the Client's registered email address on the Provider's website to the Provider's email address at support@turbosms.ua or another email address specified by the Provider when processing the Client's request.
3.2.5. The Client must not send messages containing information or resembling advertising/information about: alcoholic beverages, tobacco products, and/or products containing tobacco, electronic cigarettes, trademarks, or other intellectual property associated with alcoholic beverages and tobacco products; religious propaganda; cryptocurrencies and currency markets; gambling; profanity; false, confidential information; fortune-telling, numerology, healing services, or similar services; illegally obtained information or content violating third-party copyright; erotic and/or pornographic content; content violating public morality; content undermining statehood or constitutional order; or other prohibited information under Ukrainian law. The services provided by the Provider cannot be used for political purposes, including but not limited to surveys, collection, or dissemination of political or campaign information.
3.2.6. The Client must not send Messages containing references to the Operator, messages sent on behalf of the Operator, or advertising/information encouraging cooperation with third parties offering message transmission services, or encouraging the use of telecommunications services of various operators.
3.2.7. The Client must not engage in actions that could hinder the secure operation of the System, disrupt its uninterrupted operation, compromise its information security, or complicate or prevent service provision to other consumers. SMS messages containing viruses and/or software, or elements of software that could harm the functioning of Users' mobile devices, the Operator's telecommunications network, the Provider's system or equipment, or links to electronic pages containing viruses and/or prohibited or harmful software are prohibited.
3.2.8. Within 2 (two) working days of receiving a relevant request from the Provider, the Client must submit the text of the Message(s) for approval, as specified in clause 3.2.4. of these Rules, to verify compliance with Ukrainian law and these Rules. If the form, content, or topic violates Ukrainian law or these Rules, or if the Client fails to submit the text of the Message(s) for approval, the Provider may refuse to deliver (or block) such Messages without penalty.
3.2.9. The Client owns the personal data entered into the System and compiled as a database of users' phone numbers, names, and other Client-provided information.
The Client fully agrees that in case of complaints/claims/lawsuits filed by Subscribers regarding received Messages against the Provider, Operator, or third parties engaged to provide services, the Client assumes full responsibility for such complaints/claims/lawsuits.
The Client agrees to 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 Client must provide a mobile phone number as the primary means of communication (hereinafter referred to as the "Primary Means of Communication"), which the Contractor will use to send informational messages regarding the provision of services under these Rules (e.g., notifications about the activation of services, account blocking, etc.).
The Client 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 detected, all accounts related to such registration will be immediately blocked by the Contractor without any penalties applied to the Contractor.
3.2.11. Ensure the continuous operation of the Primary Means of Communication and notify the Contractor of any changes to the phone number within 3 (three) calendar days by email at support@turbosms.ua and/or by contacting the Contractor at (044) 224-8668.
In the event of losing access to the account and the phone number that serves as the Primary Means of Communication, access recovery is possible only if a signed agreement directly related to this account is provided.
3.2.12. Independently monitor the balance of funds on their personal Electronic Virtual Account.
3.2.13. The Client agrees to fully pay for the services provided by the Contractor and to independently review the information about service conditions and Tariffs on the Contractor's Website.
3.2.14. The Client agrees not to use the name of any institution/organization (e.g., a mobile operator, banks, insurance companies, government and public institutions, etc.) as the sender's address unless the Client has a documented confirmation from the respective institution/organization permitting such use.
3.2.15. The Client agrees not to use the Contractor's Service for:
3.2.16. The Client agrees to comply with the Message Content Requirements.
The Client must include a contact phone number in the message text.
3.2.17. The Client must send messages exclusively between 9:00 AM and 8:00 PM on business days and between 11:00 AM and 6:00 PM (Kyiv time) on weekends and holidays. This restriction does not apply to messages confirming bank transactions (withdrawals, account replenishments, etc.), online registration messages, taxi service messages, and other 24/7 service messages pre-approved by the Contractor.
3.2.18. The Client consents to the use of Cookies by the Contractor's Website. The Client may opt out of using Cookies; however, by continuing to use the Contractor's Website, the Client automatically agrees to the use of Cookies.
3.2.19. The Client consents to receive messages related to service provision via email, SMS, and/or Viber messages from the Contractor.
3.3. The Contractor has the right to:
3.3.1. Unilaterally change the current Tariffs and Service Rules. Changes to the Rules and/or Tariffs require prior notice to the Client at least 7 (seven) calendar days before the effective date of such changes via a message on the Contractor's website turbosms.ua. Changes take effect on the date specified in the Contractor's message. Exceptions include the condition stated in clause 4.10 of these Rules, which does not require prior notice regarding changes to Viber service costs specified in hryvnias.
The specified change to Tariffs/Rules may also occur in a shorter time frame and will be deemed valid by the Client if it results from changes in cooperation conditions between the Contractor and an Operator/Viber or third parties involved by the Contractor.
If the Client disagrees with the new Tariffs/Rules, they must discontinue using the service from the date the new Tariffs/Rules take effect and, if a signed agreement exists, the Client may terminate it unilaterally by notifying the Contractor within 7 (seven) calendar days of receiving information about the new Tariffs/Rules.
Tariffs for services already paid for by the Client are not subject to change.
3.3.2. If the Client does not use funds from their Electronic Virtual Account for 3 (three) years from the last account replenishment, the account will be blocked until its owner is verified. After the Client contacts the Contractor and confirms their account ownership, the account will be unblocked and made available for use.
3.3.3. Selectively check message texts sent by the Client to Users for compliance with Ukrainian legislation and these Rules.
3.3.4. Cease providing services to the Client in case of violation of the terms outlined in these Rules, the Agreement, and/or its annexes.
3.3.5. Receive payment for services in accordance with these Rules and/or the Agreement.
3.3.6. Temporarily suspend services without penalties during planned or unscheduled maintenance of the Contractor's or Operators' equipment or Viber, used to provide services. The Contractor notifies the Client via the Primary Means of Communication or by posting information on the Contractor's Website 3 (three) calendar days before the scheduled maintenance, specifying the start and end dates.
3.3.7. Refuse, without penalties, to transmit messages that violate Ukrainian law and/or these Rules/Agreement or block such messages or the Client's account. The Client's account may be unblocked only after receiving a written explanation and/or eliminating the circumstances that caused the suspension, payment of fines in full, and/or providing evidence of no violations.
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, without penalties, to block the Client's access to the System if the phone number used does not belong to them and to withhold the remaining balance on the Client's Electronic Virtual Account at the time of service termination as a fine.
3.3.11. If the Contractor receives information indicating that the Client:
- violates the Contractor's Service Rules;
- attempts to damage the reputation of the Contractor, its partners, and/or Services;
- performs actions in their account that disrupt the system's normal functioning, the Contractor may block their access without penalties. Access to the Client's account may be restored after the Client addresses the identified issues and provides written confirmation of compliance with the Rules.
3.3.12. The Contractor is not obligated to review any content used by the Client, and the Contractor has the right (but not the obligation) at its sole discretion to refuse to place or remove any content used by the Client on the Contractor's Website.
3.4. The Client has the right:
3.4.1. To receive services from the Contractor in accordance with the terms of these Rules and/or the Agreement.
3.4.2. To independently determine the amount to top up their electronic virtual account in accordance with paragraph 3.1.2 of section 3.1 of these Rules.
3.4.3. Through the Contractor's website turbosms.ua, to obtain information about the status of each message sent. The Client can track statistical data on services received in the last 6 (six) months, including sent messages, in their personal account on the Contractor's website.
3.4.4. To unilaterally refuse to use the service and, if necessary, terminate the Agreement by providing written notice to the Contractor at the postal address 03150, Kyiv-150, PO Box 220, at least 15 (fifteen) calendar days before the termination date of the Agreement.
3.4.5. To refuse services due to changes in their cost and/or the Rules for using the service, made in accordance with paragraph 3.3.1 of section 3.3 of these Rules.
3.4.6. To submit complaints and suggestions to the Contractor to improve the quality of services provided.
4.1. The Contractor provides the Client with access to the System and Web interface, enabling the Client to send Viber messages.
4.2. The Client independently composes the text of Viber messages, adhering to the conditions and restrictions established by these Rules, the Agreement, and Viber's policy.
4.3. The Contractor assumes no obligations or responsibility for the quality of Viber services in cases specified in section 4.5 of these Rules.
4.4. The Client agrees that the Contractor may unilaterally set and/or change limits/restrictions on the number of Viber messages the Client can send if Viber sets or changes such limits. The Client must be informed of such changes by the Contractor through the posting of relevant information on the Contractor's website, turbosms.ua.
4.5. The Contractor is not responsible for the non-delivery/incorrect delivery of Viber messages to Viber Users in the following cases:
4.5.1. The Viber application or the User's End Device was not activated, or there was no Internet connection during the Lifetime of the Viber message;
4.5.2. The User disabled receiving messages in the Viber application;
4.5.3. The Viber application was deleted 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 device does not support receiving Viber messages;
4.5.5. If the Sender Name is blocked by the user;
4.5.6. In other cases resulting from the inability of the user's Viber end device or software installed on such an end device to receive Viber messages and/or due to reasons attributable to 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/upgrading and/or scheduled maintenance of the Contractor's Equipment and/or the equipment of Viber or third parties engaged by the Contractor to provide Viber services. The duration necessary for testing the upgraded equipment and/or planned maintenance must be announced to the Client through a corresponding message posted on the Contractor's website, turbosms.ua.
4.7. The Contractor has the right to suspend Viber services without notice and without liability in cases of unscheduled maintenance of the Contractor's/Viber's/third-party equipment engaged by the Contractor to provide this service, and the Client is not entitled to claim compensation for the period of such suspension.
4.8. If the Lifetime of a Viber message set by the Client expires, the sent Viber message may still be delivered to the User, as Viber's equipment may attempt to deliver it for 14 (fourteen) calendar days or another period, which may change from time to time by Viber according to technical capabilities. These circumstances are beyond the control of the Contractor and the Client.
4.9. The Client must obtain the prior consent of the Viber user to whom the Client intends to send Viber messages containing the Client's information. Consent must be explicitly provided by the User in a manner that unambiguously confirms their willingness to receive Viber messages from the Client.
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 Client's company receiving consent and sending Viber messages to the User;
- confirmation that the consent is specifically for receiving Viber messages and not other types of messages (SMS, email, etc.).
4.10. The Contractor has the right to unilaterally change the Tariff and Viber service terms. Tariff changes are implemented with at least 7 (seven) calendar days' notice via the Contractor's site. Changes are effective from the specified date.
4.10. The Contractor reserves the right to unilaterally modify the current Tariff and rules for providing Viber services. Tariff changes occur with prior notification to the Client at least 7 (seven) calendar days before the date of the Viber message rate adjustment, by posting the relevant information on the Contractor's website, turbosms.ua. The changes take effect from the date specified in the Contractor's announcement.
The mentioned Tariff changes may also be made by the Contractor within a shorter period and will be recognized by the Client as legitimate if they are caused by changes in the terms of cooperation between the Contractor and the Viber Company and/or third parties involved by the Contractor to provide services.
The cost of Viber services is set by Viber in foreign currency – Euros. The Client pays for services in the national currency of Ukraine – hryvnia. The cost in hryvnia is determined based on the official exchange rate of the hryvnia to the Euro established by the National Bank of Ukraine (hereinafter – NBU) as of July 22, 2022. If the hryvnia-Euro exchange rate changes by 2 (two) or more percent from the rate in effect on July 22, 2022, the Client unconditionally agrees that the Contractor has the right, on any given day before 12:00 p.m. (Kyiv time), to adjust the hryvnia cost of Viber message services in accordance with the current NBU exchange rate on the date of such change.
This adjustment of the hryvnia cost for Viber message services does not require prior notification to the Client and will be considered compliant with the Rules, the Agreement (if any), and/or the Client's rights.
4.11. Prohibited Viber Messages: The Client is prohibited from sending the following Viber messages ("Prohibited Viber Messages"):
4.11.1. Any Viber messages (including text and/or images/photos) that the Viber User, to whom the message is sent, has not explicitly agreed to receive in a form that clearly confirms their desire to receive Viber messages from the Client. Upon the Contractor's request, the Client must, within 1 (one) business day, provide proof of such consent, including an official letter explaining the legitimacy of sending such Viber messages to the specified User(s).
4.11.2. Messages (including text and/or images/photos) that contain or show signs of:
4.12. If Viber messages include intellectual property, the Client must provide notarized documentation confirming rights to use such materials upon request from the Contractor.
4.13. The Client must ensure that users can opt out of receiving Viber messages. Each message must include a valid contact number for this purpose.
4.14. The Client must immediately cease sending Viber messages to users who express their refusal to receive further messages.
4.15. Any press releases or marketing materials referring to the Contractor, Viber, or related services must be pre-approved by the Contractor.
4.16. The first message to any new user must be a non-advertising Welcome Viber Message.
4.17. The Client must distinguish between transactional/informational and advertising messages by marking the appropriate category in the Contractor's System.
4.17.1. Sending Transactional Viber Messages requires prior template approval by Viber. Templates must align with the rules outlined on the Contractor's website.
4.18. For test Viber messages, the Contractor's sender name may be used. All other messages require registration and payment for a dedicated sender name.
4.19. Viber chat sessions remain active for 24 hours from initiation or up to 60 messages.
4.20. Sending Viber messages requires a signed agreement with the Contractor.
5.1. The Client pays for services per tariffs listed on the Contractor's website or in the Agreement.
5.2. Payment is made in advance, and funds are credited to the Client's virtual account upon receipt.
5.3. Top-up amounts must be in whole numbers (UAH without cents).
5.4. Discount periods are available for higher top-ups, as detailed on the Contractor's website.
5.5. Overdrafted services must be paid within 10 calendar days.
5.6. The Contractor reserves the right to modify tariffs with 7 calendar days' notice on the website.
5.7. Bonuses upon registration are non-refundable and remain the property of the Contractor.
5.8. The Client agrees to pay for all SMS messages sent through the system as per the published tariffs.
5.9. International message rates vary based on foreign operator terms.
5.10. If transactional messages do not match approved templates, they may be charged as advertising messages.
6.1. The Client is fully responsible for all actions performed under their account, including voluntary data sharing.
6.2. Passwords and API keys are confidential and must be secured by the Client.
6.3. The Client is liable for compliance with user consent requirements.
6.4. The Client is responsible for preserving and securing user data.
6.5. The Contractor bears no responsibility for message content, which is solely the Client's liability.
6.6. Claims regarding services must be submitted within 3 business days and will be reviewed within 15 business days.
6.7. Proven complaints may result in refunds for undelivered services, excluding processed messages.
6.8. Delays in payment for services will incur penalties.
6.9. The Contractor is liable for delays only within specified limits.
6.10. User complaints must be resolved by the Client within 2 business days.
6.11. Accounts may be blocked for rule violations, with conditions for restoration outlined.
6.12. Proven violations may result in fines or service termination.
6.13. False allegations will result in service restoration.
6.14. Non-compliance may incur a fine of UAH 100 per violation.
6.15. Violations causing financial consequences for the Contractor may require compensation from the Client.
6.16. The Client is responsible for damages caused by service misuse.
6.17. Legal disputes are resolved under Ukrainian law.
6.18. The Client indemnifies the Contractor against third-party claims resulting from unauthorized actions.
7.1. By accepting these Rules, the Client consents to the processing of personal data under Ukrainian law.
7.2. Both parties agree to comply with privacy laws and policies detailed on the Contractor's website.
8.1. Both parties agree to maintain confidentiality regarding all information obtained during their relationship.
8.2. Confidential information shall not be disclosed to third parties, except as required by law.
8.3. Any breach of confidentiality resulting in damages must be compensated by the violating party.
8.4. The parties agree to assist each other in protecting against unauthorized actions by third parties.
9.1. Neither party is liable for failure to perform obligations due to force majeure events.
9.2. The affected party must notify the other within 3 calendar days of a force majeure event.
9.3. A valid certificate must confirm the occurrence and duration of the force majeure event.
9.4. Failure to provide timely notice forfeits the right to invoke force majeure.
10.1. Relationships are valid for one year and are automatically renewed unless terminated by written notice 30 days before expiration.
10.2. The Contractor may terminate relationships for rule violations.
10.3. Termination can occur by written notice with 15 days' notice.
10.4. Upon termination, personal data will be retained for one year unless otherwise agreed.
10.5. Obligations remain enforceable until resolved.
11.1. Unregulated issues are governed by Ukrainian law and international agreements.
11.2. Invalid provisions do not affect the validity of the remaining terms.
11.3. No agency or partnership is established by these Rules.
11.4. The Client confirms acceptance of all terms of these Rules.
11.5. Existing agreements continue to apply unless they conflict with these Rules.
11.6. Disagreement with new terms must be communicated within 5 days; otherwise, they are considered accepted.
11.7. These Rules apply to all previously registered Clients.
Registration Address:
03022, Kyiv, Vasylkivska Street, 34, Building A, Room 307
Correspondence Address: 03150, Kyiv-150, P.O. Box 220
EDRPOU Code: 37623364
TIN: 376233610272
IBAN: UA963808050000000026005448739 at Raiffeisen Bank Aval JSC
Bank Code: 380805
