Public Contract-Offer for the Provision of Services (Public Offer) dated September 8, 2026
This public offer (hereinafter – the Offer) is a proposal from Olga Gib (hereinafter – the Contractor) to enter into an agreement for the provision of access to the email marketing platform Kiges Send (hereinafter – the Service), located at https://send.kiges.cc.
1. General Provisions
1.1. This Offer is a public proposal by the Contractor to enter into an agreement for the provision of services on the terms set forth below.
1.2. Use of the Service constitutes full and unconditional acceptance of the terms of this Offer by the Customer.
1.3. If the Customer does not agree with the terms of the Offer, they must not use the Service or pay for the services.
1.4. The Offer takes effect from the moment of its acceptance by the Customer, which is confirmed by the fact of registration on the platform and/or payment for services.
1.5. The Service is provided in Beta status. This means that the Service is in the testing and refinement stage. The Contractor does not guarantee uninterrupted operation of the Service, the absence of errors, bugs, or inaccuracies in its operation. The Contractor undertakes to take reasonable measures to minimize interruptions and eliminate identified errors.
2. Basic Terms and Definitions
2.1. Contractor – Olga Gib providing access to the Kiges Send platform for creating, sending, and analyzing email marketing campaigns.
2.2. Customer – an individual or legal entity that accepts this Offer and uses the Service.
2.3. Service – the Kiges Send platform, which allows Customers to create email marketing campaigns, manage subscriber lists, design email templates, schedule and send emails, track campaign analytics, and manage unsubscribe mechanisms.
2.4. Campaign – an email marketing campaign created by the Customer using the Service, including the email content, recipient list, sending parameters, and analytics.
2.5. Subscriber List – a list of email addresses collected by the Customer for the purpose of sending email campaigns through the Service.
2.6. Subscriber – a person whose email address is included in a Subscriber List and to whom the Customer sends or intends to send email campaigns.
2.7. Services – a set of services provided by the Contractor within the Service, including, but not limited to, creation of email campaigns, management of subscriber lists, design of email templates, scheduling and sending of emails, campaign analytics, unsubscribe management, and technical support.
3. Subject of the Agreement
3.1. The Contractor undertakes to provide the Customer with access to the Service, which allows creating email marketing campaigns, managing subscriber lists, designing email templates, scheduling and sending emails, tracking campaign analytics, and managing unsubscribe mechanisms.
3.2. The Customer accepts the terms of the Offer by registering on the platform and starting to use the Service.
3.3. The Contractor grants the Customer the right to use the Service on the terms specified in this Offer.
3.4. The Service is provided in Beta status. The Contractor does not guarantee uninterrupted operation of the Service, the absence of errors, bugs, or inaccuracies. The Contractor undertakes to take reasonable measures to minimize interruptions and eliminate identified errors.
4. Rights and Obligations of the Parties
4.1. The Contractor undertakes to:
- Ensure the operability of the Service and its availability to the Customer within the technical capabilities and conditions provided for by this Offer, except for the cases provided for in Section 7 of this Offer. - Provide technical support in case of problems with the use of the Service related to technical malfunctions on the Contractor's side. - Ensure the confidentiality of the Customer's information in accordance with the privacy policy and applicable legislation.
4.2. The Customer undertakes to:
4.2.1. Use the Service in accordance with the terms of this Offer and applicable legislation.
4.2.2. Pay for the services in accordance with the terms specified in the "Payment Terms" section.
4.2.3. Not use the Service for distributing illegal content or conducting illegal operations.
4.2.4. Provide accurate and complete information when registering and using the Service.
4.2.5. Bear full responsibility for the security of their account credentials and not disclose them to third parties.
4.2.6. Not use the Service for distributing spam, viruses, malicious software, and other content that may harm the Service or its users.
4.2.7. Not interfere with the operation of the Service, not attempt to bypass security systems, and not conduct attacks on the Service.
4.2.8. Not use the Service for fraudulent activities, including, but not limited to, phishing, fraud with payment systems, etc.
4.2.9. Comply with all applicable laws and regulations when using the Service, including but not limited to data protection laws, electronic communications laws, anti-spam laws (CAN-SPAM Act, GDPR, ePrivacy Directive, and equivalent legislation in the Customer's jurisdiction).
4.2.10. Not use the Service for distributing content that violates the intellectual property rights of third parties.
4.2.11. Bear responsibility for all actions performed using their account, regardless of whether they were performed by the Customer themselves or by third parties who gained access to their account.
4.2.12. Not use the Service for purposes that may harm the reputation of the Contractor or its partners.
4.2.13. Bear responsibility for all financial transactions conducted through the Service, including, but not limited to, payment for services and refunds.
4.2.14. Not use the Service for political campaigning, distributing extremist materials, or other activities that may be deemed illegal under applicable legislation.
5. Email Marketing and Anti-Spam Compliance
5.1. The Customer acknowledges that the Service is an email marketing platform and that the Customer bears SOLE and FULL responsibility for the legality of their email campaigns, the consent of recipients, and compliance with all applicable anti-spam and data protection legislation.
5.2. The Customer MUST obtain explicit, informed, and verifiable consent from each Subscriber before adding them to a Subscriber List and sending them email campaigns. The Customer bears full responsibility for proving the existence of such consent.
5.3. The Customer is STRICTLY PROHIBITED from:
5.3.1. Sending unsolicited bulk email (spam) to recipients who have not consented to receive such emails.
5.3.2. Using purchased, rented, scraped, or otherwise third-party-obtained email lists without verifiable consent from each recipient.
5.3.3. Sending emails with misleading or deceptive subject lines, sender names, or content.
5.3.4. Using the Service to send emails that contain illegal, offensive, discriminatory, pornographic, or harmful content.
5.3.5. Using the Service to send phishing emails, malware, or other malicious content.
5.3.6. Falsifying email headers, sender addresses, or other technical email metadata.
5.3.7. Attempting to disguise the origin of emails or impersonate another person or organization.
5.3.8. Using the Service to harass, threaten, or intimidate any person.
5.4. The Customer MUST include a clear, visible, and functional unsubscribe mechanism (unsubscribe link) in every email campaign sent through the Service.
5.5. The Customer MUST honor unsubscribe requests within 10 (ten) calendar days of receipt and must not send further campaigns to unsubscribed recipients.
5.6. The Customer MUST include their valid physical postal address or registered business address in every email campaign, as required by applicable anti-spam legislation.
5.7. The Customer MUST maintain records of consent for each Subscriber, including the date, time, source, and method of consent. The Customer must provide such records to the Contractor upon request.
5.8. The Contractor reserves the right to:
5.8.1. Monitor the Customer's sending activity for signs of spam, abuse, or violations of this Section.
5.8.2. Suspend or terminate any Campaign that, in the Contractor's sole discretion, violates this Section or applicable anti-spam legislation.
5.8.3. Suspend or terminate the Customer's access to the Service without refund in case of violation of this Section.
5.8.4. Set sending limits, rate limits, and other restrictions to prevent abuse and protect the Service's reputation and deliverability.
5.9. The Customer acknowledges that the Contractor may share the Customer's sending data, complaint rates, bounce rates, and other metrics with email service providers, ISPs, blacklist operators, and other third parties for the purpose of maintaining email deliverability and preventing abuse.
5.10. The Customer indemnifies and holds the Contractor harmless from any claims, damages, fines, penalties, legal costs, and liabilities arising from the Customer's email campaigns, including but not limited to violations of anti-spam laws, data protection laws, claims by recipients, ISPs, or regulatory authorities.
6. Payment Terms
6.1. The Customer undertakes to pay for the services in accordance with the tariffs in effect at the time of payment, which are published on the Service's website.
6.2. Payment for services may be made through various payment systems integrated with the Service.
6.3. The Contractor reserves the right to change tariffs and payment terms without prior notice. The Customer undertakes to independently monitor the current tariffs and payment terms.
6.4. When paying for a tariff, the Customer undertakes to link a bank card for automatic debiting of funds for the purpose of renewing the tariff.
6.5. The Contractor endeavors to notify the Customer of upcoming debits by sending a notification to the email address specified by the Customer, in advance of the expiration of the current tariff period.
6.6. Automatic debiting of funds for tariff renewal will be made a certain time before the expiration of the current tariff period.
6.7. The Contractor reserves the right to change the cost of tariffs, even if the Customer is already subscribed to the corresponding tariff, without prior notice. The Customer undertakes to independently review the current tariffs.
7. Refunds
7.1. Refunds are made exclusively for unused months. In case of purchasing access for one month or choosing a monthly tariff, no refund is made.
7.2. In case of purchasing access for several months, the Customer has the right to a refund for months that have not started. For example, if the current date is the 1st, no refund is made for the current month.
7.3. To receive a refund, the Customer must contact the Service's support team.
7.4. Refunds are made within 30 (thirty) days from the moment of receiving the Customer's request.
7.5. Refunds are made to the bank card or account used by the Customer during payment.
7.6. No refund is made in case of termination or suspension of access to the Service due to violation of this Offer, including but not limited to violations of Section 5 (Email Marketing and Anti-Spam Compliance).
8. Liability
8.1. The Service is provided in Beta status. The Customer acknowledges and agrees that:
8.1.1. The Service may contain errors, bugs, inaccuracies, and unfinished features.
8.1.2. The Service functionality may change, be added, or removed without prior notice.
8.1.3. Certain features may not work correctly or may be unavailable.
8.1.4. The Service may be temporarily suspended for maintenance, updates, or bug fixes.
8.2. The Contractor provides no warranties, express or implied, regarding the Service, including warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. The Service is provided on an "as is" and "as available" basis.
8.3. The Contractor does not guarantee any specific email delivery rates, open rates, click rates, or other campaign performance metrics. Email deliverability depends on numerous factors beyond the Contractor's control, including recipient ISP policies, spam filters, blacklist operators, and recipient engagement.
8.4. The Contractor is not liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Service, including, but not limited to, loss of data, profit, revenue, or business opportunities.
8.5. The Contractor is not liable for loss of data, Campaign settings, Subscriber Lists, or configurations resulting from failures, errors, updates, or maintenance work.
8.6. The Contractor is not liable for:
8.6.1. The content, quality, and legality of the content distributed by the Customer using the Service.
8.6.2. Damages caused to the Customer as a result of using the Service.
8.6.3. Technical malfunctions, errors in the Service's operation, or temporary unavailability of the Service caused by technical work, equipment or software failures, actions of third parties, or other circumstances beyond the Contractor's control.
8.6.4. Damages caused to the Customer as a result of the Service or its functionality being blocked by governments of certain regions or other government authorities.
8.6.5. Damages caused to the Customer as a result of using the Service in countries or regions where the use of the Service may be restricted or prohibited by local legislation.
8.6.6. Damages caused to the Customer as a result of actions or inaction of third parties, including, but not limited to, actions of payment systems, email service providers, ISPs, blacklist operators, and other partners.
8.6.7. Damages caused to the Customer as a result of email deliverability issues, including emails being filtered, blocked, bounced, or marked as spam by recipients, ISPs, or spam filters.
8.6.8. Damages caused to the Customer as a result of the Customer's violation of anti-spam legislation or this Offer.
8.6.9. Damages caused to the Customer as a result of using the Service for purposes not provided for by this Offer.
8.6.10. Damages caused to the Customer as a result of unauthorized access to their account or data, if such access was obtained due to the Customer's violation of this Offer.
8.6.11. Damages caused to the Customer as a result of using the Service in combination with other products or services not provided by the Contractor.
8.6.12. Damages caused to third parties (recipients, ISPs, regulatory authorities) as a result of the Customer's email campaigns.
8.7. The Customer bears full responsibility for compliance with legislation when using the Service, including, but not limited to, compliance with copyright and intellectual property rights, data protection laws, and anti-spam legislation.
8.8. The Customer undertakes to compensate the Contractor for all damages caused by violation of the terms of this Offer, including legal and representation costs.
8.9. The Contractor reserves the right to conduct technical maintenance and work to improve the Service, including transferring the Service to other servers or changing the infrastructure, without prior notice to the Customer. In case of such work, the Contractor applies all reasonable efforts to minimize the Service's downtime.
8.10. The Customer acknowledges that they use the Service in Beta status at their own risk and bears full responsibility for the consequences of using the Service, including loss of data, interruptions in business processes, and other negative consequences.
9. Confidentiality
9.1. The Contractor undertakes to take all necessary measures to protect the confidentiality of the Customer's information in accordance with the privacy policy.
9.2. The Customer gives consent to the processing of their personal data in accordance with the privacy policy.
10. Dispute Resolution
10.1. All disputes and disagreements arising in connection with the execution of this Offer shall be resolved exclusively through correspondence via email.
10.2. In case of violation by the Customer of the terms of this Offer, including, but not limited to, violation of intellectual property rights, fraudulent activities, distribution of illegal content, spam, and other violations provided for by this Offer, the Contractor reserves the right to block the Customer's access to the Service without refund. The decision to block access may be appealed by the Customer through correspondence via email, as specified in clause 10.1.
11. Final Provisions
11.1. This Offer takes effect from the moment of its acceptance by the Customer and is valid until termination of the agreement by one of the parties.
11.2. The Contractor reserves the right to make changes to the Offer. The Customer undertakes to independently monitor the current version of the Offer.
11.3. All changes and additions to this Offer are an integral part of the Offer.
12. Contractor's Details
Olga Gib
Email: info@kiges.cc
Website: https://send.kiges.cc