Offer

Offer to enter into Service Agreement in the Field of Information Technologies and Software Applications (Public offer)

The Contractor addresses this offer – a proposal to enter into a Service Agreement in the field of Information Technologies and Software Applications to persons wishing to access the ConnectiveOne (Kwizbot) program.

In order to enter into Service Agreement in the field of Information Technologies and Software Applications, hereinafter referred to as “Agreement”, a person shall accept, i.e. give his /her consent to enter into an agreement on terms set forth in the offer. Acceptance of this offer is the acceptance of the following terms by paying for services. Following payment for services, the person automatically accepts the terms of this Agreement, and this Agreement is considered concluded without signing it in each case.

If necessary, without conflicting with the terms of the offer, the Contractor may enter into a documented Agreement in the form of a written bilateral document.


1. Definitions

ConnectiveOne – modular software application designed to build communication scripts and chatbots in connected channels with open API (hereinafter – the App). The name ConnectiveOne is a rebranding of the previous (old) name of the Kwizbot Program

ConnectiveOne modules:

- Operator panel – a module to connect a user with the "operator" role for dialogue and sending messages to chatbot users in any available channel or processing tasks (tickets).

- Scenario Builder – a module to configure chatbots and interact with the ConnectiveOne scenario – create and configure bot settings and a visual interface to manage the bot script.

- Actions – a separate block in the Scenario Builder that allows you to perform individual processing of user data and integrate ConnectiveOne with other systems to receive/transmit data.

- Site widget
– a module to place a widget on any connected website, through which the site visitor can interact with the chatbot and have dialogues with the operator.

- Custom data – a module to create and store data in the ConnectiveOne database for later use in the script.

- Contact Center PRO – a module to get advanced statistics on the work of users with the "operator" role, such as operator working hours, operator working hours report, statistics on operators and topics, NPS reports, detailing dialogues by operators and topics.

- Fastline is a module that allows you to automatically answer questions from website visitors/bots without the involvement of operators. The module uses a knowledge base that the user fills in independently. In its work, Fastline is based on the OpenAI model and requires the binding of the OpenAI API KEY, which the user must register and pay for according to the OpenAI tariffs https://openai.com/pricing.

- Copilot is a module that offers the user of the Operator Panel module (operator) the most relevant response to a site/bot visitor's request, taking into account the tone and style of the request. The operator independently decides whether to send the suggested answer to the site visitor/bot, edit it before sending it, or reject it completely. The module uses a knowledge base, which the user fills by himself. In its work Copilot relies on the work of Fastline module and OpenAI model and requires binding of OpenAI API KEY, which the user must independently register and pay for according to OpenAI tariffs https://openai.com/pricing.

- Mailing module - a module that allows you to send messages (including media files) to all or certain subscribers of the chatbot through the available channels of the App.

- OCR ConnectiveOne – API service for extracting/reading fields from photos of documents uploaded by users to chat-bots or related services or programs.

- ConnectiveOne Live Cart - module of the web version of ConnectiveOne, which allows you to conduct video calls between two participants of the chat-bot (client and operator) or in services and programs related to the bot, save a video recording of the call as well as individual frames, configure additional features client and operator interface.

- SDK ConnectiveOne - version of ConnectiveOne for mobile devices running on Android and IOS operating systems. The development used the Flutter open-source framework.

Providing access to the App - giving the user an opportunity to work with the App as a whole and/or individual ConnectiveOne Modules within the paid period.

Automation Guru is a service that can be provided to ConnectiveOne users upon request and includes the following tasks:

- identification and description of the user's business requirements in the process of using ConnectiveOne;

- customization of the existing ConnectiveOne functionality according to the user's request;

- development and implementation of the interaction scheme of ConnectiveOne with other systems;

- other tasks that contribute to the solution of the user's business needs in the process of using ConnectiveOne.

The ConnectiveOne Programme's website address is https://www.kwizbot.io/en (hereinafter referred to as the ConnectiveOne website).

Contractor – a person from the following:

LLC "Evergreen Development"
+38 096 335 00 47
[email protected]

LLC "Evergreen Enterprise"
+38 096 335 00 47
[email protected]

Individual entrepreneur Kravtsova Maria Vitalievna
+38 096 292 58 88
[email protected]

Acceptance – complete, irrevocable, and unconditional acceptance of the terms of the Service Agreement in the field of Information Technologies and Software Applications.

Unique name (login) – symbolic code used to work with the App provided to the user once when connecting to the App and is unique to each user and retained for him/her all the time.


2. General provisions

2.1. This Agreement is concluded by providing the full and unconditional consent (acceptance) of the Customer to conclude the Agreement in full, without signing a written copy of the Agreement by the Parties.

2.2. The Customer confirms the fact of familiarization and agreement with all the terms of this Agreement in full by accepting.

2.3 Payment for the Services shall be deemed acceptance of this Agreement and confirmation of agreement with the terms and conditions set forth herein.

2.4. The list of ConnectiveOne modules, access to which is acquired by the Customer, is indicated in the invoice.

2.5. If the Customer does not agree with the terms of this Agreement, he does not have the right to enter into this Agreement and also is not entitled to access the Program in full and/or individual modules of the Program (Ari services) in accordance with this Agreement.

"Contractor", on the one part, and any other person who has accepted the terms of this Agreement, hereinafter referred to as the "Customer", on the other part, hereinafter collectively referred to as the Parties, have entered into this Agreement as follows:


3. Subject matter

3.1. On the basis of this Agreement, the Contractor shall provide the Customer, and the Customer shall accept and pay the Contractor for the services of providing access to the Program as a whole and/or individual ConnectiveOne Modules, in accordance with the selected period (hereinafter referred to as the Services), as well as Priority Support services and Automation Guru services.

3.2. Services shall be provided by giving the Customer a unique name (login) and password to access the App.

3.3. The App as a whole and individual ConnectiveOne Modules are intellectual property, the legal protection of which is established by the Civil Code of Ukraine, and current international treaties of Ukraine. The Contractor guarantees that he has the rights necessary to perform the Agreement.


4. Rights and obligations of the Parties

4.1. The Contractor is obliged:

- comply with the terms of this Agreement;

- provide Services during the period paid by the Customer;

- provide advice to the Customer regarding the provision of Services during the working hours determined by the Contractor's work schedule;

- maintain the confidentiality of the Customer's information received from him during registration, as well as the content of personal e-mails, except as provided by applicable law of Ukraine;

- in case of updating the App, inform the Customer about the possibility and conditions of relevant updating (periodic update) of the App, including financial conditions and procedure for providing access to the App as a whole and/or individual ConnectiveOne Modules at the Customer's request.

- to ensure the best operation of the App, support current versions of Chrome, Edge, Opera, Safari browsers and Windows, MacOS, iOS, Android operating systems. You can check the relevance of the versions on the website https://www.whatismybrowser.com/guides/the-latest-version/. The performer supports the current -5 versions of the browser and the current -3 sub-version of the operating system.

The term "current version" means the latest available version of the browser or operating system that contains the latest bug fixes, functionality and security improvements. The Contractor supports the current -5 version of the browser, which means that it provides support for the last five versions of the browser, which includes the latest available version and four previous versions. Similarly, the Contractor supports the current -3 sub-version of the operating system, which means that it provides support for the last three sub-versions of the operating system, which includes the latest available sub-version and two previous sub-versions.

4.2. The Customer is obliged:

- comply with the terms of this Agreement;

- provide reliable personal data and other information necessary to comply with the terms of this Agreement;

- pay for Services in accordance with the Contractor's tariffs. The Customer undertakes to read the information on the terms of service and tariffs on the ConnectiveOne website;

- provide the hardware and software environment for the correct operation of the App, requirements for which are listed on the ConnectiveOne website;

- ensure the confidentiality of login and password;

- in case of transferring your login and password to third parties, bear full responsibility for the consequences of such actions;

- when contacting the Technical Support Service of the Contractor, use the contact e-mail address (address specified when ordering service) and provide own login, name and surname, and if necessary use other options to confirm the access rights;

- keep payment documents confirming payment to the Contractor's account for one year and, if necessary, provide copies to the Contractor;

- give consent to the Contractor to process and use their personal data in accordance with the Law of Ukraine "On Personal Data Protection" by accepting this Agreement.

4.3. The Contractor shall be entitled to:

- change the composition, procedure, conditions, and prices for the provision of Services by posting information on the ConnectiveOne website. In case of a price change, the payment made by the Customer shall not be subject to adjustment according to a new price;

- terminate Services automatically after the end of the period paid by the Customer;

- disclose information about the Customer only in cases provided by the legislation of Ukraine;

- post information on its website, on the Internet, in presentations and other marketing materials, on its personal pages in social networks, press releases, and comments in mass media that Contractor provides the Customer with App access services, as well as about the name and logo or mark for Customer's goods and services.

4.3.1. Suspend (temporarily or completely) the provision of Services to the Customer without refund and require written explanations from the Customer in cases of default as described in clause 2.2, as well as in the following cases:

- if the Contractor considers that any actions taken by the Customer through access to the App and/or individual ConnectiveOne Modules under this Agreement cause or may cause harm to the Contractor, other Customers;

- in case of damage or attempt to damage the security features of the App and/or individual ConnectiveOne Modules, as well as the inclusion of software into the Customer's own developments;

- when the Customer publishes and transfers over the Internet any information that defames the Contractor or acts in a way that interferes with the normal operation of the Contractor.

4.3.2. Block access to the App from a specific IP address in the following cases:

- Exceeding the number of requests from the IP address for a certain period of time;

- actions with the App that may lead to consequences provided for in Section XVI of the Criminal Code of Ukraine "Crimes when using electronic computing machines (computers), apps, computer networks, and telecommunication networks."

4.4. The Customer shall be entitled to:

- request the Contractor to provide Services in accordance with the terms of this Agreement;

- in case of comments on the quality of Services, notify the Contractor in writing and in a timely manner;

- refuse the Contractor's Services unilaterally under the conditions provided for in clause 7.3.


5. Procedure for Providing Services

5.1. When using the Services for the first time:

5.1.1. The Customer applies for the Services (in the form of filling out an electronic form or e-mail) to the Contractor, who sends an invoice for payment for the Services to the Customer's e-mail address specified in the application.

5.1.2. The minimum payment period is one month. The order of payment is defined in section 4 of this Agreement.

5.1.3. After the Customer pays the invoice and the Contractor receives 100% of amount to the Contractor's bank account, the Contractor provides access to the App with the selected ConnectiveOne Modules in the form of a unique login and password sent to the Customer's e-mail. Access is granted from the first day and is valid until the last day of the period specified in the invoice and paid by the Customer.

5.1.4. The Customer can use the App provided he entered the correct login and password and has access to the Internet.

5.1.5. After the paid period ends, the Customer's access to the App with the selected ConnectiveOne Modules is terminated.

5.2. Upon re-receipt of Services:

5.2.1. To restore access to the App, the Customer receives an invoice for payment for Services in a manner provided for in clause 3.1.1. The minimum payment period is one month. The order of payment is defined in section 4 of this Agreement.

5.2.2. After the Customer pays the invoice and the Contractor receives 100% of the amount to the Contractor's current account, the Contractor provides access to the App with the selected ConnectiveOne Modules. Access is granted from the first day and is valid until the last day of the period specified in the invoice and paid by the Customer.

5.2.3. After the end of the paid period, the Customer's access to the App with the selected ConnectiveOne Modules is terminated.


6. Cost of services and payment procedure

6.1. The cost of the Services under this Agreement is determined in accordance with the current tariffs and payment terms published in Annex 1. Tariffs are indicated in US dollars and are payable in the national currency of Ukraine at the average dollar selling rate in banks in Kyiv indicated on the website minfin.com.ua based on the Contractor's account.

Settlements with non-resident Customers and/or non-resident Contractors shall be made in foreign currency in accordance with the current currency legislation of Ukraine.

6.2. The cost of the Services (the Contractor's tariffs) shall be indicated without VAT. VAT is additionally charged on the cost of the Services (the Contractor's tariffs), being a VAT payer, and is paid separately in accordance with the current legislation.

6.3. Payment for the Services shall be made by the Customer by bank transfer to the Contractor's bank account.

6.4. Services are provided subject to payment of 100% upon receipt of payment to the bank account of the Contractor. The start date to provide Services by the Contractor shall be the date of the beginning of a period indicated in the invoice.

6.5. The Contractor shall be entitled to unilaterally change prices and introduce new tariffs at any time. The effective date of new prices or tariffs is the date of publication thereof on the ConnectiveOne website. In the event of a price change, the payment previously made by the Customer shall not be subject to adjustment according to a new price.

6.6. The Customer is solely responsible for the correctness of payments he makes.


7. Confidentiality

7.1. The Customer undertakes to maintain the strict confidentiality of all technical, commercial and other information received from the Contractor and to take all reasonable steps to prevent the unauthorized use or disclosure of such information under this Agreement.

7.2. The parties shall not be responsible for the breach of confidentiality that occurred:

- due to force majeure;

- due to a breach of confidentiality at the request of public authorities in accordance with applicable law.


8. Liability of the Parties

8.1. The parties to this Agreement are liable in accordance with the subject matter and terms of the Agreement under the current legislation of Ukraine.

8.2. The Contractor guarantees the absence of program bookmarks, spyware or malicious code in the Program and/or individual ConnectiveOne Modules, access to which is provided to the Customer under this Offer, and guarantees the implementation of updates related to identified security problems of the Program and/or serious vulnerabilities of the App (if any will be).

8.3. The Contractor shall not be liable for:

- direct or indirect losses, lost benefit, or non-pecuniary damage of the Customer related to the use or inability to use the App and/or individual ConnectiveOne Modules;

- for deterioration of Quality of Services, and interruptions in the work of ConnectiveOne, which occurred due to reasons beyond the control of the Contractor.

The Contractor does not warrant that the App will run continuously, error-free, and free of malware and other defects. If the Customer is not satisfied with the terms and/or quality of the App, he may stop using it or contact the Contractor's support service.

8.4. The Customer shall be fully liable for maintaining his login and password and for any damage that may occur due to unauthorized use. Upon theft of login and password due to the fault of third parties, the Customer shall have the right to send to the Contractor an application for change of login and password, with a mandatory attachment to the application of the relevant financial document confirming payment for Services. The Contractor shall not be liable for actions of third parties that caused the theft, and in order to reimburse the money spent on stolen time, the client shall contact the appropriate investigative and law enforcement agencies.

8.5. If it is impossible to resolve the dispute through negotiations and pre-trial proceedings, the dispute may be referred to court.

8.6. The amount of liability, not regulated by this Agreement, is governed by the applicable law of Ukraine.


9. Entry into force of the Agreement. Validity. Amendments and termination.

9.1. The Agreement is public and indefinite and is valid until its termination by either Party in a manner prescribed herein and applicable law, but in any case until its complete performance by the Parties. This Agreement is considered to be agreed by the Customer and concluded at the location of the Contractor from the date of acceptance hereof.

9.2. The Parties have the right to terminate this Agreement unilaterally, in case of non-fulfillment by one of the Parties of the terms hereof and in cases provided by this Agreement and the current legislation of Ukraine.

9.3. In case of early termination of this Agreement at the initiative of the Customer:

- the Customer shall notify the Contractor in writing 15 (fifteen) calendar days before the termination hereof;

- send copies of payment documents to the Contractor's address;

- The Contractor shall not recalculate the cost of Services for the full months of the used period and refund for the paid but unused period of Services.

9.4. The Contractor shall unilaterally make changes (amendments) to this Agreement, changes to the procedure, scope, and conditions of providing Services. All amendments the Contractor makes hereto shall enter into force and become binding on the Customer from the moment of publication thereof on the ConnectiveOne website. In the event of the Customer's disagreement with changes made to this Agreement, the Customer has the right to terminate it in a manner prescribed by this Agreement. All appendices, changes, and supplements to this Agreement shall constitute an integral part hereof.


10. Additional terms

10.1. By concluding this Agreement, the Customer confirms its consent, if it is an individual, to receive and process the Customer's personal data in order to comply with the terms of this Agreement.

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Tariffs (cost of Services) and the procedure for their calculation

Minimum monthly payment for providing access to ConnectiveOne (without the Fastline module) of $80
Payment terms: advance payment from 1 month
Discounts: 20% if paid in advance for 12 months
The number ofrecipients ofmessages in theMailing Module, thousand
Monthly fee, $
The number of "Actions" blocks used in the chatbot, pcs.
Monthly fee, $
The number of operators connected in the Chatbot module "Operator Panel", pcs.
Monthly fee, $
0
0
1
1,66
1
20
0,5
0
30
50
2
40
1
5
60
100
3
60
2
10
100
150
4
80
5
25
200
200
5
100
10
50
300
250
6
120
20
100
600
300
7
140
30
150
750
350
8
160
40
200
1000
400
9
180
50
250
1300
450
10
200
60
300
1700
500
11
220
70
350
2000
550
12
240
80
400
 
13
260
90
450
14
280
100
500
15
300
120
600
16
320
140
700
17
340
160
800
18
360
180
900
19
380
200
1000
20
400
300
1500
21
420
400
2000
22
440
500
2500
23
460
600
3000
24
480
700
3500
25
500
800
4000
26
520
900
4500
27
540
1000
5000
28
560
1200
6000
29
580
1400
7000
1600
8000
1800
9000
2000
10000

1. The tariff (the cost of the Services for providing access to ConnectiveOne) includes 1 GB of static data (pictures, video files, audio files and other media files) and 2 GB of dynamic data (history, messages, logs, statistics).

2. 500 MB for static data (pictures, video files, audio files and other media files) and 150 MB for dynamic data (history, messages, logs, statistics) for each operator connected in the "Operator Panel" chatbot module.

3. The total data limit per instance is calculated according to the following formula:

- Total limit of static data per instance = limit of static data per instance from item 1 + number of operators x limit of static data per 1 operator from item 2.

- Total limit of dynamic data per instance = limit of dynamic data per instance from item 1 + number of operators x limit of dynamic data per 1 operator from item 2.

4. In case of exceeding the specified General limits of data placement, the Customer, after a corresponding warning to the Contractor, is obliged to reduce the volume of data to theabove-mentioned limits of data placement included in the tariff (cost of Services), or the cost of services for him in the following month increases by depending on the additional data location:

a) If the actual volume of static data exceeds the general limit of static data per instance, the Customers hall pay an additional tariff:

- 5.5 US dollars without VAT monthly for every 10 GB of static data, cumulatively per instance up to 999.9GB of static data;

- $11.0 US dollars without VAT monthly for every 10GB of static data cumulatively per instance with more than 1TB of static data. 

b) If the actual volume of dynamic data exceeds the general limit of dynamic data per instance, the Customer shall pay an additional tariff:

- $11.0 US dollars without VAT monthly for every 10 GB of dynamic data, cumulatively per instance up to 199.9 GB of dynamic data;

- $22.0 US dollars without VAT monthly for every 10GB of dynamic data cumulatively per instance with more than 200GB of dynamic data. 

5. The Contractor shall notify the Customer in writing by e-mail about the remainder of the General limit of static and/or dynamic data per instance upon reaching 90% of the respective limits.

6. The cost of the service for deploying the ConnectiveOne instance on a separate dedicated server is 160 (one hundred and sixty) US dollars per month and is paid by the Customer additionally and separately from the payment of the cost of other Services (Tariffs).

The tariff for using Fastline module

The tariff for using Fastline module is 299$ per month (for a package of automatic responses up to 5000 pcs).
Payment terms: prepayment from 1 month
Discounts: 20% if paid in advance for 12 months.

Copilot module usage tariff

Copilot module usage tariff - 5 USD per month for each operator, connected in the Operator Panel module
Payment terms: prepayment from 1 month
Discounts: 20% if paid in advance for 12 months

Tariffs for the Automation Guru service and how they are calculated

Automation Guru's cost is calculated based on the hourly cost of fulfilling the Customer's request, based on the cost of one hour of the Contractor's work - 55 US dollars.

Tariffs for the Priority Support service and the procedure for its provision

Description/Price
Free
Business
Enterprise
$ 0
$ 300/month
on reques
Response time for support and advice on product features, business hours
up to 24 (service desk only)
up to 5 (service desk+chat)
up to 2 (service desk+chat)
Response time to incidents and technical problems, working hours
up to 24 (service desk only)
up to 5 (service desk+chat)
up to 3 (service desk+chat)
Ability to influence the product's RoadMap
-
Yes
Yes
Personal manager
-
-
Yes
Hourly payment of Requests to change the Program
$37/hour
$37/hour
$37/hour
In the proposed Support Packages, the Contractor shall provide the Customer with consultations on the current functionality of the Program and its documentation during working hours via the Contractor's Servicedesk system at the link
https://evergreens.atlassian.net/servicedesk/customer/portal/23

Working hours
are the period from 9:00 to 19:00 daily, except Saturdays and Sundays, public holidays and non-working days of the Contractor.

Request – Request for support and/or Request to change the Program.

Support Request – means a message transmitted by the Customer to the Contractor through the Contractor's Servicedesk system.

Request to change the Program – a request submitted by the Customer to the Contractor for setting up and/or changing the configuration of individual ConnectiveOne modules through the Contractor's Servicedesk system.

Terms of execution of the Request to change the Program by the Contractor and its payment by the Customer:

- after receiving the Request to change the Program, the Contractor provides the Customer with an approximate estimate of the time required for their implementation and the planned calendar term for the implementation of these Requests;

- The request to change the Program is considered agreed upon and accepted by the Contractor for execution after confirmation of its conditions by representatives of both parties in the Contractor's Servicedesk system;

- A request to change the Program, which requires up to 1 hour (inclusive), is performed by the Contractor and is subject to payment by the Customer without additional agreement (confirmation) by the Customer.

- The Customer may or may not agree on the Contractor's estimate of the time required to implement the Program Change Request. The Contractor performs only those for which the Customer has agreed on a time estimate. If the Customer refuses to further agree on the time for the execution of his Request to change the Program or cancels such a request, he must pay for the Contractor's time spent on the evaluation;

- the cost of executing Requests to change the Program, calculated on the basis of their hourly cost and the actual time spent by the Contractor or the time agreed with the Customer for their execution, shall be paid by the Customer on the basis of a separate invoice issued by the Contractor or added to the cost of other Services (Tariffs) in the invoice for their joint payment.

Servicedesk-system - means the Contractor's system with access via the Internet, to which the Contractor provides access to the Customer and through which the Customer submits Requests under this Agreement.

Resolution time - is the maximum time starting from the moment the Contractor receives the Request (within the hours of providing Technical Support) and during which the Contractor is obliged to fulfill the Request.

Response time - is the maximum time starting from the moment the Contractor receives the Request (within the hours of providing priority support) and during which the Contractor is obliged to fulfill the Request

Scheme of processing of Requests:

- The Customer creates a Request for Consultation through the Contractor's Servicedesk system;
- The Contractor processes the Request by providing the Customer with consultations, services for setting up and/or changing the configuration of individual ConnectiveOne modules and their preliminary assessment according to the type of Request;
- After the Request is fulfilled, the Contractor sends the Customer a notice of closing the Request with a description of the results via the Service Desk.

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