This is a translation for convenience. The binding text is the Ukrainian original: terms.html
Public Agreement (Offer) for Access to the Budvid Service
Contractor: , a single tax payer, not a VAT payer. The Contractor’s details are at the end of the agreement.
This agreement is a public offer within the meaning of Articles 633 and 641 of the Civil Code of Ukraine. A person who has accepted the offer in the manner set out in Section 2 (hereinafter the Customer) enters into the agreement on the terms set out herein. The agreement is concluded in electronic form in accordance with the Law of Ukraine “On Electronic Commerce”.
1. Definitions
- Service means the Budvid online service on the website budvid.com: 3D presentations of real estate properties, a 3D building builder, the cabinet (account), the receipt of buyer enquiries and their delivery to the Customer’s channels (webhooks to a CRM, Telegram), and an application programming interface (API).
- Project means one presentation (a property, a complex) set up in the Customer’s cabinet.
- Enquiry means the data a buyer leaves in a presentation’s form: name, phone number, property, language, consent mark.
- Plan means a set of limits and features and its price, as published on the “Pricing” page on the date of payment.
- Paid Period means the day, week, month or year for which payment has been made.
2. Acceptance
2.1. Acceptance of the offer is payment of the Contractor’s invoice or payment for a Plan (including the test drive, Section 4) on the Service’s website. Creating a cabinet also constitutes consent to this agreement.
2.2. The Customer may be a legal entity or an individual entrepreneur (sole proprietor) (including a non-resident — a company or an entrepreneur under the law of its country) that uses the Service for its business activities.
3. Subject matter and procedure for providing the service
3.1. The Contractor provides the Customer with access to the Service within the selected Plan for the Paid Period, and the Customer pays for the access.
3.2. The service is provided online, without delivery of physical media. Access is opened in the cabinet no later than 1 business day after payment of an invoice is credited, and when paying by card on the website — immediately after a successful payment.
3.3. Separately, under a separate invoice, the Contractor may perform a one-time setup: modelling the Customer’s project from drawings and publishing the presentation. The scope and timing of the setup are agreed in the invoice or in correspondence.
3.4. Automatic tracing of drawings: when the Customer presses the button, the image of the floor plan is sent for recognition to an artificial intelligence model of a third-party provider (USA), which processes it as a processor and does not use it to train models; the Contractor does not store the image. The number of automatic tracings per 30 days is determined by the Plan. The result is a draft that the Customer checks and corrects; the Contractor does not guarantee its accuracy.
3.5. The Service is available to Customers from all countries except the aggressor state, the Republic of Belarus, the temporarily occupied territories of Ukraine, and countries and persons under sanctions of Ukraine.
4. Test drive
4.1. The test drive is access to the Service for 7 calendar days with the limits and at the price stated on the “Pricing” page. It may be purchased once per Customer. There is no free trial period; the demonstration presentation and the 3D builder are available on the website without payment.
4.2. After the test drive or another paid period ends, existing projects continue to receive enquiries and deliver them; management of projects, the sales chart and delivery channels becomes available after payment for a Plan. The Contractor may send reminders about this in Telegram if the Customer signed in via Telegram.
4.3. The Customer’s cabinet, together with its projects and enquiries, is deleted if it has not been paid for: 30 days after registration without any payment or after the end of the test drive; 90 days after the end of the Paid Period of a paid Plan. Until deletion, presentations keep working and enquiries are delivered. The deletion date is shown in the cabinet; 7 days and one day before that date, the Contractor sends a reminder in Telegram (if the Customer signed in via Telegram).
5. Price and payment methods
5.1. Prices are stated on the “Pricing” page in hryvnias, US dollars or euros, without VAT (the Contractor is not a VAT payer).
5.2. Payment is made in advance for the Paid Period. Payment methods:
- bank transfer to the Contractor’s account against an issued invoice — in hryvnias, and for non-residents also in US dollars or euros at the price in that currency on the “Pricing” page;
- Visa or Mastercard payment card, Apple Pay, Google Pay — online on the website via the WayForPay payment service.
5.3. Fixed price. The price of the Plan on which the Customer started using the Service is not increased for as long as the Customer continues to pay without interruption. New prices and limits are introduced as new plans and apply only to new Customers or to a Customer who has switched to another plan of their own accord.
5.4. Payment for the next period extends the “paid until” date from the previous date if the period has not yet ended.
5.5. A certificate of services rendered (act) is drawn up at the Customer’s request for the Paid Period and sent by email.
6. Refunds
6.1. Within 14 calendar days after the first payment for a Plan, the Customer may withdraw from the Service and receive a refund of the entire amount paid for that Plan — without giving reasons.
6.2. After this period, the cost of the unused full days of the Paid Period is refunded if access was terminated through the Contractor’s fault or the Service was unavailable for more than 72 consecutive hours.
6.3. The fee for a one-time setup already performed (clause 3.3) is non-refundable.
6.4. To receive a refund, write to hello@budvid.com from the email address specified in the cabinet. Funds are returned by the same method used for payment (to a card — via WayForPay, to an account — by bank transfer) within 7 business days after confirmation; the time it takes for the funds to be credited to a card depends on the issuing bank.
7. Buyer enquiries and personal data
7.1. With respect to the personal data of buyers in enquiries, the Customer is the data controller and the Contractor is the data processor, which processes the data only on the Customer’s instructions and to the extent necessary to receive, store and deliver enquiries (Law of Ukraine “On Personal Data Protection”, Articles 2, 4, 16).
7.2. The Customer instructs the Contractor to: receive enquiries from the forms of the Customer’s presentations; store them; deliver them to the channels the Customer has connected; show them in the cabinet and provide them via the API.
7.3. The Customer is responsible for having a legal basis for the processing (the buyer’s consent, which the Service’s form collects with a tick-box linking to the privacy policy), for the content of its own messages to buyers and for the further processing of the data in its CRMs and chats.
7.4. The Contractor:
- does not use enquiries for its own purposes and does not transfer them to third parties, except for the Service’s infrastructure (Cloudflare) and the channels connected by the Customer (CRM, Telegram);
- stores API keys only in hashed form, signs webhooks and limits the rate of requests;
- fulfils the Customer’s requests to delete individual enquiries (via the cabinet or the API) and buyers’ requests — by forwarding them to the Customer or fulfilling them on the Customer’s instructions;
- notifies the Customer of a security incident affecting the Customer’s data within 72 hours after its detection;
- deletes the Customer’s cabinet with its enquiries within the time limits of clause 4.3, or earlier at the Customer’s request; before deletion, the Customer may export the enquiries (CSV in the cabinet).
7.5. Privacy Policy.
8. Calculations on the pages
8.1. Prices, areas, and the mortgage, sunlight, insolation and foundation calculations in presentations and the builder are approximate and do not constitute design documentation, an expert opinion or a public offer in respect of real estate. Design decisions are made on the basis of documentation developed by authorised persons.
8.2. The Customer is responsible for the accuracy of the data on the property, prices and statuses that it publishes through the Service, and for the compliance of its listings with the legislation on advertising and on urban planning.
9. Availability of the Service
9.1. The Contractor makes reasonable efforts to keep the Service running without interruption but does not guarantee it: technical interruptions, infrastructure failures and force majeure circumstances are possible.
9.2. Enquiries that could not be delivered to the Customer’s channel are resent on a schedule (up to 6 attempts over approximately 15 hours) and remain in the cabinet regardless of the delivery result.
9.3. The Contractor gives notice of scheduled maintenance, if the expected interruption is longer than 1 hour, in the cabinet or by email.
10. Liability
10.1. The Contractor’s aggregate liability under the agreement is limited to the amount paid by the Customer for the last 3 months. The Contractor is not liable for lost profits or indirect losses.
10.2. The Contractor is not liable for the operation of CRMs, Telegram and other services of the Customer, nor for the consequences of the disclosure of an API key through the Customer’s fault.
10.3. Force majeure circumstances, including martial law in Ukraine, release the parties from liability for the period of their effect, if they directly prevented performance.
11. Term, amendment and termination
11.1. The agreement is in effect from acceptance until the end of the Paid Period and is extended by each subsequent payment.
11.2. The Customer may stop using the Service at any time by not continuing payment. The Contractor may terminate access in the event of a breach of the agreement (spam, unlawful content, hacking attempts), having notified the Customer.
11.3. The Contractor may amend the offer by publishing a new edition on this page. For a Customer with a paid period, the new edition applies from the next period; price changes — only under clause 5.3.
12. Miscellaneous
12.1. The agreement is governed by the law of Ukraine. Disputes are resolved through negotiations and, if that fails, by the commercial court at the Contractor’s location.
12.2. Correspondence by email to the addresses specified by the Customer and the Contractor constitutes proper notice.