Public Offer and Terms of Use

Public Offer Agreement

for website development and crowdfunding
based on the Openmall platform

1. Subject of the Agreement

1.1 Party 1 undertakes to grant Party 2 a non-exclusive right to use the OpenMall Operating Platform, hereinafter the "Software Product" and/or "SP", under the terms, in the manner and within the limits established by this Agreement, and to provide Party 2 with maintenance and support services for the SP within the cost of the selected plan, while Party 2 undertakes to pay Party 1 for the monthly maintenance of the system depending on the plan chosen.

1.2 The terms that form an integral part of this Agreement are publicly available on the internet at the following addresses:

1.2.1 Terms of use — https://blog.openmall.info/usloviya/

1.2.2 Procedure for the provision of services

1.2.3 Service pricing — https://blog.openmall.info/tarify-i-ceny/ . We accept payment via payment systems and financial companies.

2. Scope of use

2.1 Party 2 is granted the right to use the SP for crowdfunding on any domain, subject to compliance with the terms of use.

2.2 The period during which the right to use the SP is granted is unlimited, for as long as payment for service maintenance is made. The platform operates on a SaaS basis.

2.3 Installation and use of the Openmall platform is provided free of charge and is openly accessible. Party 2, without any investment, may create an online store based on the SP with its own products, following the instructions in the FAQ — https://blog.openmall.info/faq1/ — and evaluate how the SP works.

2.4. Party 2 may, if it wishes, pay for connecting supplier catalogs, additional services (SP configuration, design services, manager services, module installation, etc.), monthly maintenance of suppliers or of the SP as a whole (this includes hosting, technical support, automatic product updates, platform upgrades).

3. Payment for services.

3.1 Payment for supplier-connection services is made through Party 2's account in the admin panel — http://admin.openmall.info. The payment amounts to 100% of the price of the current Software Product, or, under an installment arrangement, 30%, depending on the product chosen. The service is considered fulfilled after clicking the "Activate" button in the "Suppliers" section of the admin panel.

3.2 The amount of service payments depends on the plan chosen by Party 2.

3.3 Service payment rates are publicly available on the internet at https://blog.openmall.info/tarify-i-ceny/.

3.4 Party 2 is obliged to make the service payment no later than 1 month after the activation of the chosen supplier.

3.5 Party 2 may not demand a refund from Party 1 for services already rendered. Before purchasing services, Party 2 may create a store on the Openmall platform free of charge and test the full functionality, and may also request a demo version of the product for testing or examples of supplier product catalogs from the managers.

3.6. Party 2 may not demand that Party 1 withdraw funds from the admin panel after the account top-up service or after ordering a trial connection of suppliers from China. Before topping up the account, you may review all the services and examples of them on the blog.openmall.info website. Funds in the admin panel may be spent on any SP service.

3.7 When ordering additional services (e.g., online operator, chat consultations, site promotion, technical modifications, etc.), each service is paid for in advance for the period of use or the creation of the service. When ordering individual technical modifications, all details are agreed in the skype chat with the support team or via e-mail [email protected]; such services are priced individually and their operating principle is described. Refunds are not possible for any prepaid services: after a service is ordered and prepayment is made (in the case of technical site modifications), or after the service start date (in the case of site operator services).

3.8. At any time, at Party 2's discretion, the maintenance of any service may be suspended and the service payment may not be paid. The service can be resumed at any time simply by making a service payment for 1 month in advance.

3.9. If an installment plan is arranged for ordering any service, Party 2 undertakes to make installment payments every 30 days, from the date of the first payment until the end of the installment period. In the event of a delay or refusal to make payments, the service is deactivated and deleted. Funds paid under an installment plan are non-refundable from the moment of the first installment payment.

4. Liability. Dispute resolution procedure

4.1 For failure to perform or improper performance of the terms of this Agreement, the Parties bear liability in accordance with this Agreement and the terms that form an integral part of this Agreement. Party 2 may, at any time, suspend the operation of an ordered service and stop paying the monthly maintenance fees for the sites.

4.2 If, through the fault of Party 1, Party 2's site could not be used for trading and could not perform its direct functions, Party 2 has the right to postpone payments for that period by agreement with Party 1. Party 1 does not assume any other business risks of Party 2 (finances, logistics, relationships with clients).

4.3 If, through the fault of a connected supplier (service), any functions related to that supplier's product catalog do not work (product search, filter, sorting, the supplier's product categories do not work), Party 1 is not liable if these functions work for other product suppliers. However, in such a case Party 1 must make every effort to contact the supplier and resolve this problem as quickly as possible.

4.4 Party 1 is not liable for changes to the terms or product catalog of any given supplier during the course of cooperation with them, or for the loading speed of products from the supplier, or for the termination of the supplier's activity. In such situations, through negotiation, Party 1 may instead connect the catalog of another supplier to Party 2 at its own expense.

4.5 Openmall provides only IT services and does not provide intermediary services, and is not an organizer of auctions, group purchases, or sales through product aggregators. Websites built on our software products are a venue that allows users to offer, sell and buy virtually anything, at any time, from any place, in various price formats and in various venues, such as Stores, in a fixed-price format or in an auction format. We do not participate in the actual transactions between intermediaries, buyers and sellers. We may assist the development of your business in the form of consultations, recommendations and advice, but we do not exercise control over and do not guarantee the availability, quality, safety or legality of promotion, customization, modification or content-writing services; of items offered for sale through suppliers; of the accuracy of content; of sellers' ability to sell items; of buyers' ability to pay for items; or that a buyer or seller will actually complete a transaction or return goods.

4.6 Party 1 does not provide advertising services directly, but through recommended third-party partner companies and regional representatives. Party 1 cannot be fully responsible for their work and does not earn from advertising services (Party 1 can only recommend advertising contractors based on its own experience and cooperation with them). All arrangements for advertising and promotion will be conducted by Party 2 personally with the representatives or advertising companies, and a separate promotion agreement will be concluded with them. Party 2 may obtain the contacts of recommended advertising partners in advance, discuss everything with them and make a decision on cooperation. Party 1 does not compel anyone to order advertising services specifically from its partners; Party 2 has the right to find any other advertising company to promote the site on the internet. On the technical side, Party 1 will assist with and support Party 2's project.

4.7 If Party 2 has not visited the admin panel for 4 months, or if the store has had no active supplier or service for more than 2 months, the store is automatically deleted. However, all history, the client database and orders are preserved in the admin panel. All paid services are likewise preserved. If it wishes, Party 2 may always simply pay for supplier maintenance three months in advance, and the store will resume operation with its standard appearance, but all block and appearance settings will have to be re-entered. If Party 2 wants to freeze the store for a long period, it is advisable to notify the support team about this in advance.

4.8 Disputes and disagreements arising in connection with the Agreement are resolved by the Parties through negotiation.

5. Other terms

5.1 This Agreement is a Public Offer Agreement, the terms of which are determined by Party 1, including by publicly posting the documents listed in clause 1.2 of this agreement, as its integral terms.

The terms of the Agreement are accepted by Party 2 as is, by acceding to the Agreement as a whole, which means that Party 2 accepts and agrees to comply with all the terms of this Agreement as set out herein.

5.2. All websites built on the Openmall platform must include information stating that they are powered by the Openmall team. This ensures protection of rights to this content and to intellectual property. By default, this information is presented in the form of the text “© 2018 OpenMall, Inc” and a logo on all pages of the site, at the bottom of the page (site footer). This information can be removed from the site using the “White Label” module.

5.3 This Agreement comes into force and is considered concluded from the moment of registration or the first payment made by Party 2 by topping up the account at admin.openmall.info.

6. Earnings disclaimer

6.1. The openmall.info website and its subdomains do not offer any programs, materials, information or services that guarantee quick earnings without any financial investment or effort on the part of the user who uses these materials.

6.2. Party 1 disclaims liability and makes no guarantees regarding your ability to achieve results or make money using our ideas, information, tools or strategies. Like any other pursuit (learning to play guitar, losing weight, learning foreign languages, etc.), building a business requires an investment of one's own effort, resources (tangible and intangible), mental ability, time, etc. to achieve a result. Our software merely makes it considerably easier to achieve these results.

6.3. Party 2's results depend solely on how much time and effort it is willing to invest to achieve a result, which ideas are used, and the level of its mental ability, financial situation and other skills.

6.4. Final results vary for each individual case, and Party 1 is not liable for actions taken by Party 2. Party 1 does not guarantee that the results achieved will match the results of other people using the same methods.

6.5. All reviews, recommendations and success stories of other people posted on this website and its subdomains illustrate “average” or “typical” results that people achieve. This is likewise not a guarantee of results. In fact, as with any other products and services, some people who purchase Party 1's products never use the information, strategies and functionality contained in them. Therefore they achieve no results solely due to their own inaction. Party 2 should understand that without making any effort on its own part toward promotion and working on its business, no results will be achieved either.

6.6. Video tutorials, books, audio materials and any other information on the openmall.info website and its subdomains are not a guarantee of future results or earnings. We do not provide any professional financial, economic, legal, tax, medical or other advice. No information on this website or its subdomains may be regarded by users as final advice guaranteed to produce a result. Any financial calculations, estimates and forecasts are merely illustrative figures and may not be regarded as a guarantee of a result for any user who uses these materials.

6.7. By purchasing services, Party 2 confirms that Party 1 bears no liability for Party 2's results or the loss of any resources (tangible or intangible), including as a result of using Party 1's software, training programs, or any information provided on this website and its subdomains.

6.8. By entering its data on the admin.openmall.info website, Party 1 guarantees the confidentiality and protection of Party 2's personal data. This data will not be transferred to third parties. All data is protected using SSL encryption. Party 2 must also make every effort to ensure that a sufficiently complex password is specified at registration for access to the admin panel. Party 1 has the right to use Party 2's e-mail address for e-mail newsletters containing various information and company news.

7. Support service regulations.

7.1. The support team primarily operates via skype chats. Therefore, for a faster response to questions and consultations, add the following skype login to your contacts — open_mall . After that, a dedicated support chat will be created for you, to which managers will be connected for a faster response.

7.2. Support team response times — from 1 minute to 24 business hours. You may contact the support team around the clock and on weekends — as soon as one of the managers is available, a response is guaranteed.

7.3. If for some reason you do not receive a response to your questions from the support team, it is recommended to repeat the question, since for technical reasons (a skype glitch or a message ending up in spam) messages may sometimes not get through.

7.4. There is a “Request a call” service, which allows you to request a call from a manager.

7.5. In 80% of cases, all answers to frequently asked questions can be found here — https://blog.openmall.info/faq1/

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 PREMIUM MONEY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ REGON: 523751193, NIP: 7011116856 Adres: ul. Hoza 86/210, 00-682 Warszawa

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Public Offer and Terms of Use