TersbyThese terms of use (the "Terms") are an agreement between you and the owner of the Tersby service, Ihnatiev Volodymyr, a sole proprietor registered in Ukraine ("Tersby", "we", "us"). The Tersby service includes the tersby.app site, the app.tersby.app dashboard, the demo.tersby.app demo and the services connected to them (the "Service").
By creating an account or using the Service, you accept these Terms, together with the Privacy policy and the Refunds policy. If you do not agree with the Terms, do not use the Service.
1. What Tersby is
- Tersby lets you build landing pages from templates, host them on your own domains, receive leads, send them to CRMs and ad platforms, get alerts and follow the statistics.
- The features available depend on the plan and are described on the pricing page.
- As long as you follow the Terms and your plan is paid, we give you a limited, non-exclusive and non-transferable right to use the Service for your business. This right ends with your account or if the Terms are broken.
2. Who can use the Service
- Only adults who can enter into contracts may use the Service.
- If you accept the Terms on behalf of a company, you confirm that you are authorised to do so. "You" in these Terms then also means that company.
- You use the Service only where the law of your country allows it, and it is up to you to check that.
3. Your account and team
- Provide accurate details and keep your password secret.
- You are responsible for what happens in your account, including the actions of team members you invited and the permissions you gave them.
- If you suspect that someone else has gained access to your account, tell support right away.
- An account belongs to one person. Do not share your sign-in with others: invite them to your team instead.
4. Plans, payment and renewal
- The Service is paid. Prices are listed on the pricing page in US dollars. Depending on your country, tax (VAT or sales tax) may be added. You see the total before you pay.
- A plan is paid in advance for a month or a year, by card and other methods offered in the checkout, or in cryptocurrency. One-off packs can be bought separately where the payment page offers them.
- Payments by card and other checkout methods are processed by our online reseller Paddle.com. Paddle is the Merchant of Record for these orders: it takes the payment, issues the invoice, handles taxes and answers questions about charges. We never receive your card number.
- When you pay by card, the plan renews automatically: at the start of each new period, the price of the same plan for the same period is charged to the card. You can turn auto-renewal off at any time in "Plan and billing"; the plan then runs until the end of the paid period and is not charged again.
- If a renewal charge fails, Paddle retries it over the next few days. If the payment still does not go through, the subscription is cancelled and the rules for the end of a paid period below apply.
- When you pay in cryptocurrency, you pick the coin and network on the payment page. There are no automatic charges: you pay for each period yourself.
- After the paid period ends, the Service keeps working for 3 more days. Then published sites go offline and changes are locked until you pay. Once you pay, the sites come back online and your data is kept.
- You can move to a higher plan at any time, and the paid remainder is credited. When you pay by card, the difference is charged right away, and you see the amount first. You can move to a lower plan once the paid period ends.
- Every plan has limits: sites, visits, users, domains and others. They are listed on the pricing page. When a limit is reached, Tersby warns you and offers another plan.
- We may change prices. We will tell you about a new price in advance; it applies from the next billing period, and a period already paid for does not change. If you disagree, turn off auto-renewal before the next charge.
- Fees your bank or wallet charges for the payment or currency conversion are outside our control.
- If you believe a charge is a mistake, write to us first: we will sort it out faster than a bank. While a bank reviews a payment dispute (chargeback), access to the plan paid by that payment may be suspended.
5. Refunds
Within 14 days of any payment, including an automatic renewal, we refund it in full at your request, with no reason needed. Mistaken and duplicate payments are always refunded. See the Refunds page for details.
6. What is not allowed
You may not use the Service to host, advertise or sell:
- goods and services prohibited by the law of the seller's or the buyer's country: weapons, drugs and their analogues, prescription medicines without a licence, counterfeit or stolen goods;
- adult content, or content that promotes violence, hatred or discrimination;
- pyramid schemes, get-rich-quick schemes, or gambling without a licence;
- products sold on false promises: curing diseases, guaranteed income, made-up certificates and reviews;
- content that infringes the rights of others: trademarks, copyright, images of people without their consent.
You also may not:
- mislead buyers, pretend to be another company, or collect data under false pretences (phishing);
- collect personal data without a lawful basis, or send spam;
- spread malware, bypass the limits of the Service, overload it or interfere with its operation;
- resell access to the Service without our consent.
You are responsible for making sure your sites and ads comply with the law and with the rules of the ad platforms.
7. Your content and data
- Texts, images, sites and leads remain yours. You allow us to store, process and display them only as far as the Service needs to work.
- You confirm that you hold the rights to everything you upload and that it does not break the law or the rights of others.
- You are responsible for leads and for the data of visitors to your sites: you decide why it is collected and ensure a lawful basis. We process it on your behalf, as described in the Privacy policy.
- We do not show your sites as examples of our work without your consent.
8. Rights in the Service
- The Service, its code, design, templates, texts, logos and the Tersby name belong to us or our partners and are protected by law.
- Templates and their parts may be used only for your sites in Tersby while your account exists. You may not copy them, resell them or move them to other services.
- If you send us ideas and suggestions, we may use them without any obligation to you.
9. Third-party services
Tersby works together with ad platforms, CRMs, Telegram, domain registrars and payment providers. Their own rules apply to their services. We are not responsible for their operation, rules or blocks. By connecting an integration you instruct us to send your site's data to it.
10. Availability and changes to the Service
We aim for uninterrupted operation, monitor availability and report outages, but we do not promise that the Service will run without interruptions or errors. We may change and develop the features of the Service. We will warn you in advance about changes that make the terms worse.
11. Suspension and termination
- We may suspend a site or an account if these Terms are broken, if the law requires it, or if other customers suffer from the account's actions. Where possible, we will warn you first and give you time to fix the problem.
- If you disagree with a decision, write to support and we will look at it again.
- You can stop using the Service at any time and delete your account. What happens to your data after deletion is described in the Privacy policy.
- If we shut the Service down through no fault of yours, we will warn you in advance and refund the unused part of the paid period.
12. Liability
- The Service is provided "as is". We do not guarantee any number of leads, sales or advertising results.
- We are not liable for lost profits or indirect losses, nor for failures of third-party services, the internet or equipment that we cannot influence.
- Our liability is limited to the amount you paid for the Service over the last 3 months.
- These limits do not apply where the law forbids them, and they do not take away rights you have under the consumer protection law of your country.
13. Indemnity
If a third party brings a claim against us because of your content, your sites or your breach of the Terms or the law, you will cover the costs that arise from it, to the extent the law allows.
14. Events beyond our control
We are not liable for delays and failures caused by events we cannot reasonably influence: military action, power and communication outages, natural disasters, decisions of public authorities, or failures of major providers.
15. Governing law and disputes
- These Terms are governed by the law of Ukraine.
- We first settle questions and disputes by talking them through. Write to [email protected] and we will try to find a solution that works for both sides.
- If no agreement is reached within 30 days, the dispute goes to the court at the seller's place of registration, unless the law of your country lets you go to a court where you live.
16. Changes to the Terms
We may update these Terms. We will tell you about significant changes in the dashboard or by email at least 7 days in advance. Changes never apply retroactively. If you keep using the Service after the changes take effect, you accept them. The date of the last update is shown at the top of the page.
17. Notices
We send notices in the dashboard and to your account's email address. Please keep it up to date. You can write to us at the addresses listed under "Contact".
18. General
- If any provision of the Terms turns out to be invalid, the rest remain in force.
- If we do not use a right straight away, it does not mean we have given it up.
- You may not transfer your rights under the Terms to anyone else without our consent. We may transfer ours to a successor if the Service passes to them, and we will let you know.
- The Terms, the Privacy policy and the Refunds policy make up the entire agreement between us about the Service.
- The Terms are published in Ukrainian, Russian and English. If the translations differ, the Ukrainian version prevails.
19. Contact
- Service owner: Ihnatiev Volodymyr, a sole proprietor registered in Ukraine.
- Support and billing questions: [email protected] or the support chat in the dashboard.
- Partnerships and advertising: [email protected].
- You can also ask Paddle about a card charge: through the link in your receipt email or at paddle.net.