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Terms of Use

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These Terms of Use (the “Terms”, the “Agreement”) are a public offer by FOP Avilov K. V., a Ukrainian sole proprietor (the “Licensor”, “CoFlexA”), to enter into an agreement for access to the CoFlexA service on the terms below. The offer is addressed to sole proprietors and legal entities under Articles 633, 641 and 642 of the Civil Code of Ukraine and the Law of Ukraine “On Electronic Commerce”.

This English version is a translation. If it differs from the Ukrainian version, the Ukrainian version prevails.

By registering an account or paying for a plan, the Customer fully and unconditionally accepts these Terms and the Privacy Policy, which is an integral part of the Agreement. If you do not agree with the Terms, do not use the service.

1. Definitions

  • Service: the CoFlexA online system for managing equipment rentals, events, classes, inventory, marketing and analytics, accessed over the internet.
  • Website: coflexa.com and its subdomains.
  • Customer: a sole proprietor or legal entity that has entered into the Agreement and uses the Service for its business.
  • User: an employee or other representative of the Customer who has been given access to the Service by the Customer.
  • Visitor: the Customer’s own client, i.e. a person who books gear, buys a ticket or signs up for a class through the Service.
  • Customer Data: any information the Customer and its Users enter into or receive in the Service, including Visitors’ data.
  • Plan: a set of features, limits and a price for access to the Service, published on the Pricing page or agreed individually.
  • Booking: the unit the Plan is based on, counted per month: a gear booking, an event ticket or a class sign-up created in the Service.
  • Trial Period: 14 calendar days of free access to the Service after registration.

2. Subject of the Agreement

2.1. The Licensor grants the Customer a non-exclusive right to use the Service over the internet, without transferring a copy of the software, within the chosen Plan, and the Customer pays for this right.

2.2. Technical support is included with access. Migration of the catalog, schedule and other data, team training and other services are provided to the extent included in the Plan or under a separate arrangement.

3. Registration and account

3.1. To use the Service, the Customer registers an account and provides true, complete and up-to-date information about itself.

3.2. The person who registered the account is its owner and acts on behalf of the Customer. The owner can give Users access, change their permissions and revoke access.

3.3. The Customer keeps passwords secret and is responsible for everything done in the Service under the accounts of the Customer and its Users. The Customer notifies the Licensor immediately if unauthorized access is suspected.

3.4. The Licensor may ask the Customer to confirm the details given at registration. If they turn out to be false, the Licensor may suspend access to the Service.

4. Trial Period

4.1. After registration the Customer gets 14 calendar days of free access to the Service. No payment card is required to start the Trial Period.

4.2. To keep using the Service after the Trial Period, the Customer chooses a Plan and pays for it. Otherwise, access to the Service is blocked.

4.3. After blocking, Customer Data is kept for 30 calendar days. If the Customer pays for a Plan within that time, access is restored together with all data. After that, the data may be deleted.

5. Plans and payment

5.1. The list of Plans, their features, Booking limits and prices are published on the Pricing page. The terms of the “Network” Plan are agreed individually.

5.2. Payment is made in advance, monthly or annually. Annual payment gets the discount shown on the Pricing page.

5.3. Bookings above the Plan’s limit are charged at the rate stated in the Plan at the end of each calendar month.

5.4. If a Plan’s price is stated in a foreign currency, payment is made in Ukrainian hryvnias at the official National Bank of Ukraine exchange rate on the invoice date.

5.5. Payment can be made by bank card, Apple Pay or Google Pay through the payment services of Universal Bank JSC (monobank) and PrivatBank JSC CB, or by bank transfer to the Licensor’s account against an invoice.

5.6. Prices are final: taxes payable by the Licensor are included. The Customer pays any fees charged by its own bank or payment system.

5.7. If a billing period is not paid, access to the Service is blocked until payment. Customer Data is kept as described in clause 4.3.

5.8. A change of Plan takes effect from the next billing period unless stated otherwise when the Plan is changed.

5.9. The Licensor may change Plan prices by emailing the Customer at least 30 calendar days in advance. A period already paid for is provided at the previous price.

6. Refunds

6.1. If the period the Customer has paid for has not started yet, the Customer may cancel it and receive a full refund. To do so, write to support@coflexa.com before that period starts.

6.2. Payments for a period that has already started, and for services already provided, are not refunded.

6.3. Refunds are made to the original payment method within 14 calendar days of the request.

7. Rights and obligations

7.1. The Licensor undertakes to:

  • provide access to the Service according to the chosen Plan;
  • provide technical support;
  • give advance notice of planned maintenance;
  • protect Customer Data according to section 8 and the Privacy Policy.

7.2. The Licensor may:

  • improve the Service and add, change or remove individual features. If a change materially reduces what a paid Plan offers, the Licensor gives at least 30 days’ notice, and the Customer may terminate the Agreement with a refund for the unused part of the paid period;
  • suspend access to the Service if the Customer breaches these Terms or its actions threaten the security of the Service or other customers.

7.3. The Customer undertakes to:

  • use the Service only for its own lawful business;
  • make its Users aware of these Terms and be responsible for their actions in the Service;
  • comply with the law in its business, including consumer protection, service safety, advertising and personal data rules;
  • keep the prices, schedules, rental terms and other information it publishes through the Service accurate.

7.4. The Customer must not:

  • resell, rent out or otherwise give access to the Service to third parties other than its Users;
  • copy, decompile or modify the Service, or try to obtain its source code;
  • circumvent technical restrictions or Plan limits;
  • upload malware, send spam or use the Service for unlawful activities.

8. Customer Data and personal data

8.1. All rights to Customer Data belong to the Customer. The Licensor acquires no rights to it other than the right to process it to provide the Service.

8.2. For Visitors’ personal data, the Customer is the controller and the Licensor is the processor within the meaning of the Law of Ukraine “On Personal Data Protection”. The Licensor processes this data only on the Customer’s instructions, which are these Terms and the settings the Customer makes in the Service, and only to provide the Service.

8.3. The Customer warrants that it has a lawful basis to process Visitors’ personal data. In particular, the Customer:

  • informs Visitors about the processing of their data;
  • obtains their consent to marketing messages where required;
  • obtains the consent of parents or other legal guardians when signing up children.

8.4. As processor, the Licensor:

  • keeps the data confidential and gives access only to staff and contractors who need it;
  • applies the technical and organizational security measures described in the Privacy Policy;
  • uses only providers (including hosting providers with servers in the EU) that are bound by confidentiality requirements at least as strict;
  • helps the Customer respond to Visitors’ requests about their data;
  • notifies the Customer without undue delay of incidents affecting its data.

8.5. The Licensor may use anonymized, aggregated data about how the Service is used to improve it. Such data does not identify the Customer or Visitors.

8.6. The Customer can export its data at any time. After the Agreement ends, the Customer has 30 calendar days to export its data. The data is then deleted from the Service, and backups are overwritten within the following 30 days.

9. Visitor payments, deposits and rental contracts

9.1. The Service gives the Customer tools for online payments, deposits, ticket sales and electronic contracts with Visitors. The parties to these transactions are the Customer and the Visitor. CoFlexA is not a seller, lessor, event organizer or payment institution.

9.2. Visitors’ payments reach the Customer through payment providers under the Customer’s own agreement with that provider. The Customer handles refunds, deposit deductions, penalties and other settlements with Visitors.

9.3. Contract and text templates in the Service are for reference only and are not legal advice. The Customer is responsible for the content of the contracts it enters into with Visitors.

9.4. The Customer alone is responsible for the condition and safety of its gear, safety briefings, insurance, and the organization of events and classes, as well as for any harm caused to Visitors or third parties.

10. AI assistant and dynamic pricing

10.1. AI assistant suggestions, including suggestions on prices, happy hours, gear transfers and marketing actions, are generated automatically and may be inaccurate.

10.2. Suggestions are recommendations only. The Customer decides whether to apply them and is solely responsible for the consequences.

11. Integrations and messaging

11.1. The Service can integrate with advertising accounts, analytics services, messengers and other third-party products. They operate under their own terms, and the Licensor is not responsible for how they work.

11.2. By connecting an integration, the Customer instructs the Licensor to send the relevant data to it.

11.3. The Customer is responsible for having Visitors’ consent to marketing messages and for its advertising complying with the law.

12. Service availability and support

12.1. The Licensor makes reasonable efforts to keep the Service available around the clock. For the “Network” Plan, guaranteed availability is 97.99% per calendar month, excluding planned maintenance and force majeure. How it is measured and compensated is set out in the individual agreement. No availability level is guaranteed for other Plans.

12.2. The Licensor gives at least 24 hours’ notice of planned maintenance and schedules it, where possible, for low-traffic hours. Work to remove security threats may be carried out without notice.

12.3. Technical support is included at no extra charge, by email at support@coflexa.com and on Telegram at @CoflexaBot.

13. Intellectual property

13.1. The Service, its code, design, texts, and the CoFlexA trademarks and logos belong to the Licensor. The Agreement gives the Customer no rights to them other than the right to use the Service under these Terms.

13.2. The Licensor may use the Customer’s feedback and suggestions about the Service to develop it without any obligation to the Customer.

14. Liability

14.1. The parties are liable for breaches of the Agreement under the law of Ukraine.

14.2. The Service is provided “as is”. The Licensor does not guarantee that the Service will deliver any particular business results for the Customer.

14.3. The Licensor is not liable for the Customer’s lost profits, lost revenue or other indirect losses.

14.4. The Licensor’s total liability under the Agreement is limited to the amount the Customer paid for the last 3 months of using the Service.

14.5. The parties are released from liability for failures caused by force majeure, including martial law and hostilities, power or communication outages, cyberattacks, failures of infrastructure providers, and decisions of public authorities.

15. Term and termination

15.1. The Agreement takes effect upon acceptance and remains in force until terminated.

15.2. The Customer may terminate the Agreement at any time in the account settings or by writing to support@coflexa.com. Refunds follow section 6.

15.3. The Licensor may terminate the Agreement if the Customer materially breaches these Terms, by notifying the Customer by email.

15.4. After termination, Customer Data is kept and deleted as described in clause 8.6.

16. Changes to the Terms

16.1. The Licensor may change these Terms by publishing a new version on the Website. The date of the current version is shown at the top of the page.

16.2. The Licensor emails Customers about material changes at least 14 calendar days before they take effect. Continuing to use the Service after that means acceptance of the new version.

17. Governing law and disputes

17.1. The Agreement is governed by the law of Ukraine.

17.2. The parties resolve disputes by negotiation and, failing agreement, in court under the law of Ukraine.

18. Language

These Terms are published in Ukrainian and English. If the versions differ, the Ukrainian version prevails.

19. Licensor details