Terms of service

Last updated date: 28.10.2024.

INTRODUCTION

“Bystrov Sp. z o. o.” (hereinafter - the “Team”, “We”, “Our” and “Us”) offers to a natural person, corporate or unincorporated body (whether or not having separate legal personality) (collectively, “You” or “Your”) the Services and Products listed below under the section “OUR SERVICES AND PRODUCTS”.

These Terms of Use (hereinafter - the “Terms”) govern Your use of Our Services and Products, which are currently available at https://bystrov.agency/ (hereinafter - the “Website”). “Bystrov Sp. z o. o.”, the owner and operator of the Website.

In order to use Our Services, You must agree to all the Terms set forth below, without any objections or modifications to the Terms or to any operating rules and policies. By accepting these Terms, You also must agree with Our the Privacy Policy, available at https://bystrov.agency/privacy (hereinafter - the “Privacy Policy”). Please read Our Privacy Policy to know what data We collect, process, use, and share about You and the lawfulness of such Our actions.

You automatically agree to these Terms: (i.) by providing your personal consent through a pop-up questionnaire (by clicking the “Accept” button) on Our Website or by making the appropriate settings in Your Web browser, and/or (ii.) when You interact with Our Website (including by filling out the “Contact” and/or “Chat with us” and/or “Schedule a free call” request form on Our Website; or emailing Us to hello@bystrov.agency) and/or (iii.) when You have purchased our Services and/or Product(s) offered by Us on this Website under these Terms.

Note: By using Our Services and/or Product(s), You agree, on behalf of yourself and all members of Your household and others who use any Service and/or Product(s) under Your registration number (account), to be bound by all of these Terms. Please read these Terms carefully before accessing or using Our Services and/or Product(s). If You do not agree to the Terms and Our Privacy Policy, You may not access or use Services and Product(s).

OUR SERVICES AND PRODUCTS

We offer the following range of the “Services” on Our Website, such as Theme Customization, App Integration, UX/UI Design, Email & SMS Outreach, Pay-Per-Click (PPC) Campaigns, Full-Spectrum SEO, Conversion Rate Optimization (CRO), Data-Driven Design Testing, Shopify Maintenance, Shopify Dedicated Support, as well as providing an individual list of services agreed exclusively between You and Us.

In addition, We offer the following range of the “Products” on Our Website, such as visual theme(s) and/or widget(s) applicable to e-commerce websites such as Shopify.com, or others created by Us, as well as providing an individual list of services for the product agreed exclusively between You and Us, and other products developed by Us.

The Products Content of the Website (i.e., all workflows, datasets, user interface modules, and other materials that collectively comprise the Product(s)) is developed, operated, and owned directly by Us, as is the Website itself. You are granted access to the Products Content of the Website only after You have paid for Our subscription (one type of subscription You have chosen) to Our Product(s), and only on the conditions set forth in Our Terms. Your use of any Product(s) on the Website is governed by these Terms (these and subsequent sections), and, if necessary, may be governed by a master service agreement and its annexes, the terms of which will be mutually agreed upon and signed by Us and You.

Note: Our Services and Product(s) are intended exclusively for persons over 18 years of age, except if a parent or guardian of a person under the age of 18 gives that person written permission to allow them to use Our Services and/or Product(s) (which the person under the age of 18 and/or the person's parent or guardian sends to Us for approval via Our email), subject to the provisions of Our Privacy Policy. If We discover that such person under 18 years of age is using Our Services and/or Product(s), We will take all appropriate steps to prohibit such person from using Our Services and/or Product(s) and notify such person under 18 years of age via email that such person needs to provide Us with written permission from such person's parent or guardian in order to continue using Our Services and/or Product(s).

If You would like to become a member of Our affiliate referral program, please email Us at hello@bystrov.agency or book a time for a video call by filling out the “Schedule a free call” request form on Our Website, and We will contact You as soon as possible to agree on all the details of cooperation.

REGISTRATION TO USE OUR SERVICES AND PRODUCTS

To start receiving Our Services, please contact an authorized representative of “Bystrov Sp. z o. o.” to discuss the details of the service provision. You can do this by filling out the “Contact”, “Chat with us”, or “Schedule a free call” request form on Our Website, or by emailing us at hello@bystrov.agency. Afterward, during a video call via Google Meet or Zoom, we will discuss the terms of cooperation and formalize them in a master service agreement and annexes, which both parties will sign before commencing cooperation.

To start using Our Product(s) provided through a subscription, You do not need to create a personal account on Our Website. However, You will need to register on the “Stripe” payment platform, as We use “Stripe” to process payments for Our Services and Product(s) (see sections below).

Note: According to Our Privacy Policy, We do not collect any of Your banking data. Therefore, We strongly recommend that You visit “Stripe” website and familiarize themselves with the legal basis for this (their privacy policy and terms of use), as We do not bear any responsibility (including solidarity) for the collection, processing, storage, use, and transfer of Your personal data by “Stripe” company. Please also note that during registration and at all times thereafter, You are solely responsible for keeping Your “Stripe” account password confidential and for all activities that occur under Your account. You must not disclose your password to any third parties, and You must take all necessary measures to protect Your login credentials.

PAYMENTS FOR OUR SERVICES AND PRODUCTS

In order for You to have access to the Product Content of Our Website, You must subscribe to Our Product(s) (the price and description of each subscription package is set forth in the “Products” section of Our Website), which is designed for a month with the possibility of prolongation (if you choose an annual subscription, a discount is possible), by making a periodic payment for the Product(s). In order to pay for access to Our Product(s), You must click on the appropriate purchase button on the “Products” webpage (available at https://bystrov.agency/collections/products) or other webpage of our Website, and You will be directed to the website of the “Stripe” payment system, where You will need to enter Your payment data (in accordance with Our Privacy Policy, We do not collect Your banking data, so please familiarize yourself the “Stripe” privacy policy of the payment system as We use their services), choose one of the offered subscription packages, and confirm payment.

Note: Our Services do not have a “Trial (free)” version. However, We can help You understand the value of Our Product even before You discover it for yourself.

Unless You have canceled Your subscription, or We have canceled (subject to the terms below), You will be automatically billed the applicable subscription fee for the type of subscription You selected on an ongoing basis. As such, You will be billed on a regular and recurring basis (e.g., monthly, semi-annually, or annually) depending on the type of subscription plan You selected when You made Your payment. You confirm and assure Us that We shall not be liable for any interruption in the use of Our Services if You provide inaccurate or outdated banking information that results in Your inability to make payments to Us.

Note: Except as otherwise required by law, the payment of a subscription fee is non-refundable. However, We expressly provide that We will issue a refund if You contact Us within the first 14 calendar days after the first purchase of any subscription package for a refund. If You contact Us on the 15th calendar day after the first purchase of an any subscription package for a refund, or after the second, third, etc. payment for an any subscription package, We will not issue a refund.

SETTLEMENT METHOD:

For payment processing, We are typically using Stripe.com (this includes major credit and debit cards such as Visa, MasterCard, American Express, and Discover), or
Depending on Your location, We may also support additional payment options like Apple Pay, Google Pay, and various local payment methods.

The subscription fee is quoted in USD, excluding taxes inherent in Our receipt of such revenue (e.g., “Sales Tax”, etc.), which, like all bank fees, are paid by You. Depending on the payment model You choose, the total price of the subscription You select will be shown on the invoice that You must pay to start or continue using Our Services.

Note: To discuss the payment model with Us in more detail, if You wish, please email Us at hello@bystrov.agency. Additionally, please, be sure to familiarize yourself with Our Privacy Policy (available at https://bystrov.agency/privacy).

FEE CHANGES AND DESCRIPTION OF SUBSCRIPTION PACKAGES

We may, at Our sole discretion and at any time, change the subscription fee, as well as the terms, description, and duration of the subscription period, or cancel the subscription altogether.

We will provide You with at least 30 (thirty) calendar days' reasonable advance notice by email or notice on the Website of any change in the price of a subscription prior to the scheduled date of the change in the price of Our Services to give You the opportunity to terminate or change Your subscription before the change becomes effective.

Note: The updated prices will become effective on the next billing cycle following the notice period. Your continued use of the Services after the subscription fee change comes into effect constitutes Your agreement to pay the modified subscription fee amount.

NON-PAID FEES

In the event of non-payment (automatically issued by “Stripe” or by Us through “Stripe”) a periodic subscription invoice, or delay in payment of more than 7 (seven) banking days, We reserve the right to: (1) declare all amounts owed to Us to be overdue and subject to immediate payment, and/or (2) immediately suspend access to the Services until the debt is paid in full (i.e., temporarily deactivate Your account), and/or (3) We may temporarily disconnect You from using Our Services if You have not paid within 7 (seven) banking days (i.e., temporarily deactivate Your account), until payment is made.

Note: As soon as You make payment of such (overdue) payment, We will unlock the possibility for You to continue to use Your paid subscription of the Services in full.

TERMINATION AND SUSPENSION OF OUR SERVICES AND PRODUCTS

Termination and suspension of the use of Our Services and/or Product(s) is carried out: (1) by Us when Your actions endanger the reputation of Our Company “Bystrov Sp. z o. o.”, or You have committed other violations of the Terms (We reserve the right to decide whether Your actions constitute a violation); or (2) when You fail to pay a periodic subscription invoice (as described above), or the invoice issued by Us under the terms of the mutually concluded and signed master service agreement and its annexes; or (3) when You request Us (by writing to Us at hello@bystrov.agency) to temporarily suspend or cancel Your paid subscription with a written explanation of the reason for such action; or (4) when You suspend or cancel Your paid subscription yourself in the settings of Your “Stripe” account; or (5) when We and You mutually terminate the master service agreement and its annexes by entering into an additional termination agreement.

Upon termination of the subscription, You will lose access to the Services upon expiration of the subscription. There are no refunds for unused Services, although You will be able to use the paid package of Services until the end of the subscription period.

The license (as provided below) to use the Products Content of the Website as a result of Your access to Our Products through payment of any subscription package will be canceled upon termination of Your subscription. Upon termination, certain provisions, such as Your obligations to pay or indemnify Us, and any limitations on Our liability, will continue to apply.

Note: Suspension of Your access rights to the Product(s) or cancellation may occur immediately if Your use creates security risks or adversely affects Our or others' systems, is liable, fraudulent, violates these Terms, involves non-payment, or if You are facing legal or financial difficulties, such as bankruptcy. However, during any suspension, You will remain liable for any accrued charges.

YOUR OBLIGATIONS WHILE USING OUR SERVICES AND/OR PRODUCT(S)

When using Our Services and/or Product(s): (i) use Our Product(s) purchased by subscription for the purposes permitted by the applicable license (as defined below), these Terms, and to the extent permitted by applicable law; (ii.) in the event of a bug in the Product(s), notify Us as soon as possible so that We can correct it promptly; (iii.) provide honest and respectful feedback about the use of Our Services and Product(s) to help other users and/or visitors to Our website understand their usefulness; (iv.) foster a respectful environment (including on Our social media) where users of the Our Services and Product(s) can share opinions, discuss best practices, and provide constructive feedback; (v.) maintain respectful communication at all times, avoiding harassment, discrimination, or any inappropriate behavior; (vi.) avoid using Our Services and Product(s) in a manner that could infringe on the intellectual property rights of third parties or result in unauthorized distribution or copying of materials; (vii.) refrain from attempting to hack, modify, or circumvent the technical security measures protecting Our Products or Services; (viii.) ensure the security of your account credentials, including passwords, and do not share them with third parties without proper authorization; (ix.) avoid participating in spam activities, fraud, or other illegal behavior while using Our Products or Services; (x.) etc.

Note: You are prohibited from: (i) attempting to gain unauthorized access to the Our Services and Product(s) or other users' accounts on the “Stripe” payment platform; (ii) use Our Services and Product(s) (including their results) for fraudulent activities, distribution of malware, or conduct that is harmful to Us and/or a third party; (iii) manipulating or abusing the results of Our Services and/or Product(s) for personal or commercial gain, violating these Terms and/or applicable law; (iv.) and all other actions prohibited by law.

You agree that You are solely responsible for Your resulting to Our Services or Product(s), including that You have all necessary rights to use them, and that they do not infringe the rights of others or violate any laws. We are not responsible for any use or misuse of the results by You or other users or third parties. Such use must be solely for lawful purposes and not for any illegal activity. You must respect applicable copyright and intellectual property laws when using the results (this point is regulated within these Terms or within the master service agreement between You and Us). We reserve the right to restrict or terminate Your access to the Products Content of the Website (including Our Product(s) and/or Services) if You breach these Terms and/or the master service agreement between You and Us and/or applicable law.

Note: We reserve the right to monitor, review and moderate any of the Products Content of the Website (including the Services, etc.) posted on the Website to ensure compliance with the law, these Terms, and Our policies. We may remove, edit or block any data that violates these Terms and/or the master service agreement between You and Us and/or applicable law, or is otherwise harmful or objectionable.

INTELLECTUAL PROPERTY

The Website, including all of its components such as the software, infrastructure, databases, and all types of content (texts, images, visual effects, music, logos, brands, etc.), is protected by intellectual property laws and belongs to Us or to third-party licensors, where applicable.

Note: All intellectual property rights, including copyrights on original materials, Website content (including the Products Content of the Website), design, graphics, and software created directly by Us, posted partially or fully on the Website, are owned by “Bystrov Sp. z o. o.”, which owner and operator of this Website. Use of these materials without the prior written consent of the “Bystrov Sp. z o. o.” is prohibited, except as expressly provided by arrangements between Us and You in connection with Your acceptance of these Terms or the master service agreement and as permitted by law. By agreeing to Our Terms, You confirm that by receiving the Products Content of the Website, You have the rights, consent, and permissions to use such Products Content of the Website (taking into account the below) and are responsible for ensuring that such Products Content of the Website in the course of Your use complies with applicable law, and does not breach the intellectual property rights of Us or third parties.

The license We grant to You does not entail the transfer of Our intellectual property rights to You. However, as a user of Our Product(s) (after payment for them), You are granted a non-exclusive, non-transferable, non-sub-licensable, non-copyable license to use the Services, namely Products Content of the Website, solely for personal, commercial purposes (use only on Your single Shopify.com account) during the period of Your subscription, subject to the rules set forth in the “YOUR EXPERIENCE WITH OUR SERVICES” section of the Terms. Nevertheless, We reserve the right to allow You to use the above license after the subscription is canceled (by either party), provided that Our logo (as Product author) and the link to Our Website remain attached to the Product that You use under this license, under its terms and conditions these Terms. However, You may remove Our logo and the corresponding link only after purchasing the above license for a perpetual term for a one-time payment of $1,500 (one thousand five hundred USD).

Note: All original content, features, and functions within the Product(s) are owned by Us, its licensors, and are protected by copyright, trade secret, patent, and other intellectual property laws. You may not, either by Yourself or by using third-party software, duplicate, copy, screen capture, modify, reproduce, publish, transmit, sell or create derivative works based on Our Services or Website content or Products Content of the Website or the Website without Our prior written permission. If You violate this section, we reserve the right to apply the “GOVERNING LAW” section.

THIRD-PARTY LINKS

Our Website may contain links to third-party websites and services that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, terms of use, and practices of any third-party websites and services.

You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, and services available on or through third-party websites and services. In no event will We be obliged to become involved in any dispute between You and another user or between You and a third party. You release Us from any claims related to such disputes and from any involvement in legal proceedings.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites and services You visit. The use of third-party products and services, as well as third-party software accessed through the Services and/or Product(s) or provided by Us, requires separate agreements with these third-party organizations and is governed by their respective terms of use.

Note: These Terms are between You and Us only and do not apply to Your relationship with any third party.

USE POLICIES

You are responsible for Your use of the results of the Services and/or Product(s) and any information You share in connection therewith.

You agree that the Services and/or Product(s) will be used exclusively by You.

You must be 18 years or older to use the Services and/or Product(s). You are required to provide a valid email address, and any other information requested in order to use the Services and/or Product(s).

You agree to follow the acceptable Terms, which are designed to prevent fraud and abuse of Our Services and/or Product(s), to ensure that all customers receive acceptable access to Our Services and/or Product(s), and to protect the quality and integrity of Our Services and/or Product(s).

You agree that the implementation of Our Services and/or Product(s) requires a connection to the Internet and that the quality of Our Services and/or Product(s) depends on this connection, for which We are not responsible.

You agree not to apply the following non-exhaustive list of practices that are not considered “Legitimate Use” of Our Services and/or Product(s):

re-selling Our Services and/or Product(s) or parts thereof to another third party;
using Our Services and/or Product(s), violate any laws in Your jurisdiction (including but not limited to copyright, spam, or trademark laws);
use a robot, spider, other automated device, or manual process to monitor or copy any content from the Services and/or Product(s); or
using Our Services and/or Product(s) in a manner We determine (in our sole discretion) could cause harm to Our Services and/or Product(s) or another third party; etc.

You may not assign, transfer or delegate these Terms, or any of Your rights or obligations under these Terms, in whole or in part, without Our prior written consent. Attempts to do so without such approval will be null and void.

If You use Our Services and/or Product(s) in any way which We reasonably determine (at Our sole discretion) may be unlawful, prohibited, abnormal, unusual, or detrimental to Our Services and/or Product(s) or any of Our other customers or other unrelated parties, We reserve the right to suspend or terminate Your access without notice.

You indemnify Us against any claims and/or actions that may be brought against Us as a result of Your breach of Your obligations. You will refund Us any losses incurred and reimburse Us for any damages We may incur as a result of Your breach of Your obligations.

Note: Unauthorized use of email addresses or impersonation is strictly prohibited. If You are using the Services and/or Product(s) on behalf of another person or entity, You must be authorized to accept these Terms on their behalf.

OUR OBLIGATIONS

We make every effort to provide You with quality Services and/or Product(s). For this purpose, We regularly improve Our qualifications, use licensed software, etc.

However, We are not responsible for any difficulties or temporary impossibility of access to Our Services and/or Product(s) due to, but not limited to including partial or complete failure of Your servers, or failure of equipment, cables, services, or networks that are not part of Our Services and/or Product(s) or that are not under Our responsibility, or interruption of the Services and/or Product(s) by telecommunications operators or Internet providers, or Your intervention, including due to incorrect configuration applied to the Services and/or Product(s), or force majeure, etc.

We do Our best efforts to ensure data security by implementing measures to protect the infrastructure and the Services and/or Product(s), to detect and prevent malicious acts, and to recover data.

We may use contractors in the performance of the Services and/or Product(s), who are subject to the same obligations as Us in providing the Services and/or Product(s) to You.

We may substitute any person who will be subrogated to all Our rights and obligations under Our contractual relationship, without Your consent. We will inform You of any such substitution by any written means.

RESTRICTIONS

You are prohibited from using this Website (together with the Products Content of the Website and Services) in any manner that causes or may cause damage to this Website, use this Website in contravention of applicable laws and regulations, or in any way that may cause damage to the Website, Us, any person or entity.

DISCLAIMER

Your use of the Services and Product(s) at Your sole risk. The Services and Product(s) are provided on an “AS IS” and “AS AVAILABLE” basis. The Services and Product(s) are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We do not warrant that: a) the Services and Product(s) will function uninterrupted or available at any particular time or location; b) the Services and Product(s) are free of errors or defects; c) any errors or defects will be corrected; or d) the results of using the Services and Product(s) will meet Your requirements.

LIMITATION OF LIABILITY

In no event shall We be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your use of the result of Our Services and/or Product(s); (ii) any conduct or content of any third party on the Services and/or Product(s); and (iii) unauthorized access, use, or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

GOVERNING LAW

These Terms shall be interpreted by the laws of Poland. All misunderstandings are negotiated between Us and You (hereinafter - the “Parties”). In case of disagreement, the dispute must be resolved in accordance with the following arbitration clause:

“(i.) Any dispute, controversy, or claim arising out of Agreement or in connection with this Agreement, including the conclusion, interpretation, performance, breach, termination or its invalidity, shall be settled by International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules.

(ii.) In all issues, the substantive law of the United Kingdom and Wales shall be applied.

(iii.) The number of arbitrators shall be one: a claimant Party must appoint an arbitrator.

(iv.) The Parties agree that the place of arbitration shall be Kyiv, Ukraine.

(v.) The Parties agree that the language to be used in the arbitration shall be English.”

Note: The provisions of these Terms are a complete defense to any claim (including a collective claim), action or proceeding brought in any federal, state or local court or in any administrative court with respect to any claim or dispute arising out of or related to these Terms and may only be resolved by arbitration as provided in these Terms.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Us and You with respect to Our Services and/or Product(s), and supersede and cancel any prior agreements that may have been made between Us and You with respect to the Services and/or Product(s).

CHANGES

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If the changes are material, We will endeavor to provide a notice before any new terms become effective. What constitutes a material change will be determined in Our sole discretion.

By continuing to access or use Our Services after these changes become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You must send a notice to terminate Your use of the Services and/or Product(s).

These Terms are written in English, and if You use a web browser translator or any other translation tool, We are not responsible for the accuracy and quality of such translation.

In order to resolve a complaint about the Services or to obtain additional information regarding use of the Services, please contact Us by sending an email to hello@bystrov.agency.