Public Offer Agreement

1. General Provisions

This document constitutes the official proposal (public offer) of Kendy (hereinafter — the "Service Provider") to enter into a service agreement for lead generation, analytics, and email outreach under the terms set forth below, with any natural or legal person (hereinafter — the "Client").

Pursuant to Article 633 of the Civil Code of Ukraine, this agreement is public. Pursuant to Article 641 of the Civil Code of Ukraine, this document constitutes an offer.

Acceptance of the offer (i.e., agreement to the terms of the contract) occurs upon registration on the Kendy platform, payment for services, or actual use of the Service. From the moment of acceptance, the agreement is deemed concluded.

2. Definitions

• Platform — the Kendy web service, available at getkendy.com, including the API and all associated services.
• Services — business lead search, website scanning, AI analysis, email outreach, and custom development services provided through the Platform.
• Subscription — monthly access to the Services under the chosen pricing plan with automatic renewal.
• One-time service — a single provision of a service with no recurring monthly obligation.
• Pricing plan — a set of parameters (number of leads, features, limits) that defines the scope and cost of the Services.
• Leads — contact information of businesses collected from open sources (Google Maps, websites) in accordance with the Client's request.

3. Subject of the Agreement

The Service Provider undertakes to provide the Client with lead generation and related services in accordance with the chosen pricing plan, and the Client undertakes to pay for and accept these services.

The Services include:

• KendyMaps — search for businesses on Google Maps by niche, category, and geography
• KendySites — scanning business websites and collecting contact data (emails, phone numbers, social media)
• KendyMind — AI analysis, ICP profile generation, and lead scoring
• KendyReach — creation and automated sending of email campaigns
• KendyDev — custom development of landing pages, Telegram bots, and AI solutions

The scope of services is determined by the chosen pricing plan. Current pricing is listed on the Pricing & Plans page.

4. Ordering and Service Delivery Procedure

1. The Client registers on the Platform and selects a pricing plan or one-time service.
2. The Client describes their target audience (niche, city, criteria) — or provides their website URL for automatic AI analysis.
3. The Service Provider commences service delivery within 3–5 business days of payment and agreement on parameters.
4. Results are delivered via the personal account on the Platform, by email, or via API — depending on the pricing plan.
5. The service is deemed rendered from the moment the results are transferred to the Client (leads delivered, report provided, campaign launched).

5. Service Fees and Payment Terms

5.1. Pricing

• Service fees are determined by the chosen pricing plan and are listed on the Pricing & Plans page
• Prices are stated in Ukrainian hryvnia (UAH), exclusive of VAT (the Service Provider is a sole proprietor on a simplified tax system)
• The Service Provider reserves the right to change prices with 30 days' notice. New prices do not affect already paid periods

5.2. Payment Terms

• Subscription — monthly prepayment. Payment is charged automatically at the beginning of each billing period
• One-time services — 100% prepayment before work commences
• KendyDev services — by individual agreement, typically 50% prepayment and 50% upon delivery
• Payment methods: bank transfer (IBAN), LiqPay, and other methods by agreement

5.3. Plan Limits

Each pricing plan has a monthly lead limit. Unused leads do not roll over to the next month. If the limit is exceeded, the Client may upgrade to a higher plan or order an additional lead package by separate agreement.

6. Rights and Obligations of the Service Provider

6.1. The Service Provider undertakes to

• Deliver services with quality and within the agreed timeframes
• Maintain Platform availability of at least 95% uptime (excluding scheduled maintenance)
• Keep Client information confidential in accordance with the Privacy Policy
• Notify the Client of material changes to service terms or pricing with 30 days' notice
• Provide technical support by email on business days

6.2. The Service Provider has the right to

• Temporarily suspend Platform access for maintenance with prior notice
• Suspend the Client's account in the event of a violation of the Terms of Use or this Agreement
• Amend pricing plans and service terms with 30 days' notice
• Engage third parties for specific tasks (hosting, AI services, payment systems)

7. Rights and Obligations of the Client

7.1. The Client undertakes to

• Pay for services in a timely manner in accordance with the chosen plan
• Provide accurate information upon registration and when ordering services
• Use the Service solely for legitimate B2B purposes in accordance with the Terms of Use
• Comply with anti-spam legislation when using the email outreach functionality
• Not transfer account access to third parties

7.2. The Client has the right to

• Receive services in accordance with the chosen pricing plan
• Change the pricing plan at any time (changes take effect from the next billing period)
• Cancel the subscription at any time in accordance with the Refund Policy
• Contact technical support for Platform-related questions
• Delete their account and personal data in accordance with the Privacy Policy

8. Liability of the Parties

• Services are provided "as is". The Service Provider does not guarantee specific results of email campaigns (open rate, conversions, number of meetings)
• The Service Provider does not guarantee 100% accuracy of collected data, as it depends on the completeness of information available in open sources
• Maximum liability of the Service Provider is limited to the amount actually paid by the Client in the last 3 months
• The Service Provider is not liable for damages caused by misuse of the Services, violation of anti-spam legislation, or the actions of third parties
• The Client bears full responsibility for the content of email campaigns sent on their behalf

9. Confidentiality and Personal Data

Personal data processing is carried out in accordance with the Privacy Policy, which forms an integral part of this Agreement.

• Both parties undertake not to disclose confidential information received in the course of their cooperation
• Collected leads belong to the Client, but the Service Provider retains aggregated statistics for service quality improvement
• Upon account deletion, the Client's data is retained for up to 30 days to allow for recovery, after which it is permanently deleted

10. Force Majeure

The parties are released from liability for failure to perform obligations caused by circumstances beyond their reasonable control, including: natural disasters, war, government decisions, internet infrastructure failures, cyberattacks, changes to Google's API or other external services.

The party affected by a force majeure event must notify the other party within 5 business days of the occurrence of such circumstances.

11. Term and Termination

• The Agreement enters into force from the moment of acceptance (registration, payment, or use of the Service) and remains in effect until terminated
• The Client may terminate the agreement at any time by cancelling the subscription via the personal account or by contacting us by email
• Upon termination at the Client's initiative, access is maintained until the end of the paid period
• The Service Provider may terminate the agreement in the event of a violation of the Terms of Use by the Client, with notification by email
• Refund terms upon termination are described in the Refund Policy

12. Dispute Resolution

Disputes arising from this Agreement shall be resolved through negotiation. If no agreement is reached within 30 days, the dispute shall be referred to the courts at the location of the Service Provider in accordance with the laws of Ukraine.

13. Final Provisions

• This Agreement is governed by the laws of Ukraine
• The Service Provider may amend this Agreement with 14 days' notice via email or a site banner
• Continued use of the Service after amendments take effect constitutes acceptance of the updated terms
• The following documents form an integral part of this Agreement: Terms of Use, Privacy Policy, Refund Policy
• If any provision of this Agreement is found to be invalid, the remaining provisions shall continue in full force and effect

14. Service Provider Details