Terms of use and public offer

General provisions

These Terms govern the use of the mudro.com.ua website, the Mudro web application and the features and services connected to it.

The Service is intended above all for use by businesses and by individuals in connection with their entrepreneurial or professional activity.

These Terms are accepted by taking an action the interface of the Service expressly presents as acceptance — in particular creating an account or a Business after being shown the notice about accepting the Terms, or taking out a paid subscription.

These Terms are an offer to conclude an electronic contract for the use of the Service on the conditions set out below.

About the Mudro service

Mudro is an online software platform for running a service business. It may include bookings and a calendar, a customer base, employees, rotas, services, stock, pay, analytics, communications, online booking and other business tools.

Mudro grants the User the right to access the Service according to the functionality available and the subscription chosen. The User acquires no ownership of the Mudro software.

Mudro is not a party to the contracts between a Business and its own end customers, and does not determine the price, content, quality or manner in which services are provided to those customers.

Signing up and the account

To use the Service the User creates an account and provides the information registration requires. The User undertakes to provide accurate and current data.

The User is responsible for keeping access to the account, the password and other means of authorisation safe, and for actions taken through the account by people to whom the User themselves gave access — except where those actions became possible without the User's fault, through a breach of security on Mudro's side.

Mudro may support signing in through third-party services, including Google. Such a way in may additionally be subject to the rules of that service.

Businesses, locations and employees

One account may have access to one or several Businesses. Within a Business, locations may be opened and employees added.

Employees' access rights are decided by the owner or an authorised administrator of the Business. One person's role may differ between Businesses. The Business is itself responsible for assigning roles and permissions and for controlling its employees' access.

To the extent permitted by law, actions by people to whom the Business itself gave access are treated as actions of the Business. Mudro is not responsible for the deletion, alteration, export or other use of data by such people, unless it resulted from a breach on Mudro's side.

For pricing, the number of employees is counted within one Business regardless of how many locations it has, unless something else is expressly shown before payment. Separate Businesses are paid for separately.

Prices, payment and the subscription period

The current price is set by the prices published on the website or in the Mudro interface. The final amount is always shown before a payment is confirmed.

The price may depend on the number of employees in the Business. Additional integrations or communication services may be charged separately where that is expressly stated before they are switched on.

Payment may be taken through a third-party payment provider. Mudro does not store full bank card details unless the User is expressly told otherwise.

Where automatic renewal is available, its conditions, how often it runs and how to turn it off are shown plainly before it is switched on.

Trial access, offers and special conditions

Mudro may grant free access, a trial period, promo codes, individual offers or other promotional conditions. Their length and scope are set by the terms of the particular offer.

Once a free or promotional period ends, paid access is granted only on the conditions shown to and agreed by the User. The mere end of a free period creates no obligation to pay unless the User has separately agreed to a paid continuation.

Changing the number of employees

Adding or removing employees may change the price of the subscription. Where the change affects a period already paid for, how it is recalculated and the amount are shown to the User before that action or invoice is confirmed.

Cancelling the subscription and refunds

The User may decline the next renewal of the subscription. Unless the law or the terms of a particular offer provide otherwise, access to the period already paid for runs to its end.

Unless the law or separately agreed conditions expressly provide otherwise, the User ceasing to use the Service does not end the period already paid for and is not in itself a ground for refunding the unused part of it.

Mandatory refunds apply in accordance with the legislation of Ukraine. To raise a question about a payment the User may use Mudro support.

Customer and employee data, and processing on a Business's instructions

The User may enter into Mudro data about customers, employees, bookings, services, payments and other information needed to run the business.

The Business itself decides the purpose, the composition and the extent of the personal data of its customers and employees, and is responsible for having lawful grounds to obtain, enter, use and store it and to send the communications connected with it.

The Business confirms that it has the right to pass such data to Mudro for processing, that it properly informs the people concerned about that processing, and that it does not enter into the Service data it has no lawful grounds to process.

Where the Business is the controller of personal data, Mudro processes it technically as a processor, within the purpose and extent needed to run the Service, to follow the Business's documented instructions, to keep it secure, to take backups and to meet the requirements of the law.

Mudro takes reasonable organisational and technical measures to protect data; no information system, however, can guarantee the complete absence of technical failure, unauthorised interference or loss of data. This provision does not limit obligations of Mudro that cannot be limited by law.

After use of the Service ends, how long data stays reachable, how it can be exported, how long it is kept in backups and when it is deleted are set by the functionality of Mudro, by the Privacy policy and by the requirements of the law. The User must export in good time any data they need beyond the period it remains available in the Service.

Online booking

A Business may use Mudro to let its own customers book online. The end customer passes their data to that Business in order to book and to receive its services.

Mudro supplies a technical tool only and is not a party to the relationship between a Business and its customer. To the extent permitted by law, Mudro is not responsible for whether a service is actually provided, for its price or quality, for a booking being moved or cancelled, for a customer not turning up, or for a deposit or a refund for the service. The Business is itself responsible for keeping its rota, services, prices and other information current.

Messages, SMS and other channels

Mudro may provide tools for sending SMS, emails, push notifications or messages through third-party channels. Delivery may be carried out by independent providers and mobile carriers.

The Business is itself responsible for choosing the recipients, for the content of the messages, for the lawfulness of sending them and for having the necessary legal grounds or consents. Registering a sender name, the prices and SMS delivery may depend on the rules of mobile carriers and SMS providers.

Mudro does not guarantee delivery, the time of delivery, that a message is read or that the recipient reacts to it, where that depends on third-party infrastructure, device settings or a carrier. To the extent permitted by law, Mudro is not responsible for the commercial consequences of a message that was not delivered or was delivered late.

Third-party services and integrations

The Service may integrate with payment systems, authorisation, analytics and communication services, cloud infrastructure and other third-party products.

Mudro does not control independent third-party services and does not guarantee that they stay available or that their functionality or terms stay the same. To the extent permitted by law, Mudro is not responsible for delays, limits or unavailability of features caused directly by the acts or failures of an independent supplier that Mudro could not reasonably have foreseen or prevented.

Acceptable use

The User may not use Mudro for:

• unlawful activity or infringing the rights of others;
• unauthorised access to somebody else's account or data;
• bulk unwanted spam or unlawful messages;
• spreading malicious code or interfering with the infrastructure;
• getting round technical limits, protections or access rules;
• anything that puts a disproportionate load or risk on other users.

Intellectual property

The source code, the interface, the design, the Mudro brand, the texts, the graphics and the other parts of the Service are protected by intellectual property law.

The User receives a limited, non-exclusive right to use the Service within the functionality available and for the length of the subscription. Copying, reselling, unlawful reproduction of or interference with the source code are not permitted, except where the law expressly allows it.

Availability of the Service and limits of liability

The Service is provided “as is” and “as available”, within the functionality that exists at the time. Mudro aims to keep the Service running steadily, but does not guarantee uninterrupted, error-free or constantly available operation, and undertakes no particular level of availability (SLA) unless that has been expressly agreed separately.

Temporary interruptions or limits may arise from maintenance, updates, fixes, incidents, cyber attacks, failures of networks, cloud infrastructure or third-party services, power or communication outages and other circumstances outside Mudro's reasonable control.

Mudro does not guarantee that the User will reach any particular financial result, revenue, number of customers, number of bookings, conversion, saving or other business figure. The User makes their own business decisions and answers for their consequences.

To the fullest extent permitted by the legislation of Ukraine, Mudro is not liable for indirect, incidental or consequential loss, lost profit, lost expected revenue, lost customers, lost bookings, harm to business reputation, business downtime or other indirect commercial consequences connected with the use or temporary unavailability of the Service.

To the fullest extent permitted by law, Mudro's total liability on all claims of one Business arising from one event or a set of connected events is limited to the amount that Business actually paid for using Mudro over the three months immediately before the event the claim is based on. If the Business used the Service free of charge during that period, liability is determined solely within the mandatory requirements of the law.

These limits do not apply to the extent that liability cannot be excluded or limited under the legislation of Ukraine, in particular for a deliberate breach of an obligation.

A party is released from liability for failing to perform or for late performance to the extent that it is directly caused by force majeure or by other extraordinary and unavoidable circumstances outside its reasonable control, provided there is a causal link between those circumstances and the inability to perform.

Limiting and ending access

Mudro may temporarily limit or end access in the event of a material breach of these Terms, non-payment of the subscription, unlawful use of the Service, suspected fraud, a compromised account, attempts to breach security, or the creation of a risk to other users, to data or to the infrastructure.

Where the security of the Service, of data or of other users requires it, a limit may be applied at once and without prior notice. Where it is possible and creates no further risk, Mudro tells the User why access was limited and what can be done to restore it.

Changes to the Terms and the prices

Mudro may update these Terms in connection with changes to functionality, to the law or to commercial conditions. The date of the last update is published on this page.

Material changes affecting current Users may additionally be announced through the interface of the Service or through the contact details available. A change of price does not change the cost of a period already paid for, unless the law or agreed conditions expressly provide otherwise.

Governing law and disputes

These Terms are governed by the legislation of Ukraine. The parties aim to settle disagreements by negotiation and by contacting Mudro support.

Where agreement cannot be reached, a dispute is resolved in the manner established by the applicable legislation of Ukraine.

The provider and contacts