Public Offer
This document is a public offer by sole proprietor Yurii Donets, taxpayer registration number 3035106257, registered address: Ukraine, 63401, Kharkiv Region, Chuhuiv District, Zmiiv, 11 Hrabarivskyi Lane (the “Provider”), to enter into an agreement for access to the Donevia online service on the terms set out below.
A person accepting the terms of this Public Offer is hereinafter referred to as the “Customer”.
Donevia is an online service through which the Provider gives Customers access to software and technical infrastructure for real-time data exchange and related functionality.
1. General Provisions
1.1. This Public Offer determines the rules for using the Donevia online service, the terms for providing paid and free services, payment procedures, the rights and obligations of the Provider and the Customer, and other conditions of using the Service.
1.2. The current version of the Offer is permanently available on the Donevia website at https://donevia.net.
1.3. A Customer may be an individual, sole proprietor or legal entity having the legal capacity and authority required to enter into this Agreement.
1.4. Acceptance of this Offer by the Customer constitutes conclusion of an electronic agreement between the Customer and the Provider on the terms of this Offer.
1.5. Acceptance of the Offer occurs when the Customer registers an Account with Donevia after confirming that the Customer has read and agrees to this Offer. An Account cannot be created without acceptance of this Offer.
1.6. Before payment, the Customer is given an opportunity to review this Offer and the characteristics, price, duration and limits of the relevant Tariff Plan.
1.7. The following form an integral part of the rules governing use of the Service:
- the Privacy Policy ;
- the Payment and Refund Policy ;
- the description and current characteristics of Tariff Plans published on the Donevia Website.
1.8. The Offer may be published in Ukrainian and other languages. In the event of discrepancies between language versions, the Ukrainian text shall prevail unless applicable law expressly provides otherwise.
2. Terms and Definitions
2.1. Service (Donevia) means the Provider’s software and technical online service designed to provide Customers with access to WebSocket infrastructure and related software and technical capabilities.
2.2. Website means the Donevia website at https://donevia.net, including its language versions and related public pages.
2.3. Account means the Customer’s account in Donevia through which the Customer accesses the Service and manages Applications, Tariff Plans, payments and other Service functionality.
2.4. Application means a logically separate configuration created by the Customer within the Account for connecting the Customer’s software to Donevia’s WebSocket infrastructure.
2.5. Tariff Plan (Tariff) means a set of characteristics, functionality and technical limits for use of the Service established by the Provider.
2.6. Sandbox means a free Tariff Plan with limited technical limits intended, among other things, for evaluating Donevia, testing integrations and limited use of the Service.
2.7. Paid Tariff Plan means a Tariff Plan access to which is provided after the Customer makes the applicable payment.
2.8. Paid Period means the term of use of a Paid Tariff Plan selected and paid for by the Customer. Available periods and prices are shown on the Website before payment.
2.9. Technical Limits means quantitative or other restrictions established by the relevant Tariff Plan, including limits on concurrent WebSocket connections, number of messages and other resources.
3. Subject of the Agreement
3.1. The Provider gives the Customer access to Donevia in accordance with the Tariff Plan selected by the Customer, and the Customer accepts the services and, when using a Paid Tariff Plan, pays for them in accordance with this Agreement.
3.2. The service consists of providing the Customer, during the relevant period, with the ability to use Donevia’s software and technical infrastructure within the functionality and Technical Limits of the selected Tariff Plan.
3.3. Payment for a Paid Tariff Plan is payment for the right to use the corresponding Service functionality and resources during the Paid Period within the applicable Technical Limits.
3.4. The price of a Paid Tariff Plan does not depend on whether the Customer uses all resources and limits available during the Paid Period or only part of them.
3.5. The Customer’s non-use of the Service, or use below the maximum amount available under the Tariff Plan, does not by itself mean that the Provider failed to provide the service.
3.6. Specific Tariff Plan characteristics, prices, available payment periods and Technical Limits are published on the Donevia Website.
3.7. The Provider may change Tariff Plans, their prices, characteristics and Technical Limits. Such changes do not alter the price or principal Technical Limits of a period already paid for by the Customer and apply to a subsequent purchase or renewal.
4. Account and Access to the Service
4.1. To use Donevia functionality, the Customer creates an Account in accordance with the procedure provided by the Service.
4.2. The Customer shall provide accurate and up-to-date information required to create and use the Account.
4.3. The Customer is responsible for maintaining the confidentiality of Account access data, API credentials, keys, secrets and other authentication means provided or created in Donevia.
4.4. Actions performed using the Customer’s authentication means are deemed to have been performed by the Customer unless otherwise established under applicable law or the circumstances of a particular case.
4.5. If unauthorized access is suspected, the Customer shall without undue delay change the relevant authentication means and notify Donevia support.
4.6. The Customer may not transfer the Account to third parties in a manner that violates this Agreement or creates a security risk for the Service.
4.7. The Customer is independently responsible for software, information systems and Applications connected to Donevia and for the lawfulness of data transmitted through the Service.
5. Tariff Plans and Technical Limits
5.1. Access to the Service is provided according to the Tariff Plan active for the Customer’s Account.
5.2. The Provider may offer free and paid Tariff Plans. The current list, prices, available payment periods, functionality and Technical Limits are published on the Donevia Website.
5.3. Sandbox is provided free of charge and may be used to evaluate the Service, test integrations and otherwise use the Service within its Technical Limits.
5.4. Before purchasing a Paid Tariff Plan, the Customer can independently evaluate the suitability of Donevia’s core functionality using Sandbox.
5.5. Technical Limits may include, in particular:
- maximum concurrent WebSocket connections;
- maximum messages within a specified accounting period;
- rate limits for particular operations;
- other technical restrictions stated for the relevant Tariff Plan.
5.6. If a Tariff Plan has a daily or other periodic resource limit, unused capacity does not accumulate or carry over unless expressly stated otherwise in the Tariff Plan description.
5.7. When a Technical Limit is reached, the Service may automatically restrict or reject further operations that would exceed it.
5.8. Reaching or exceeding a Technical Limit does not by itself result in automatic additional charges unless the Customer separately agrees otherwise.
5.9. Technical Limits apply to the Customer’s Account according to the Tariff Plan and may apply collectively across Applications created within that Account.
5.10. The Customer is responsible for monitoring whether the selected Tariff Plan is suitable for the actual load generated by the Customer’s systems.
5.11. The Provider may offer individual Tariff Plans and service terms whose characteristics and price are agreed separately with the Customer.
6. Service Price and Payment
6.1. Prices for Paid Tariff Plans are established by the Provider and published on the Donevia Website.
6.2. For particular Tariff Plans, the Provider may establish different prices depending on the selected duration of the Paid Period.
6.3. Available payment periods may include one, three, six or twelve months. The current available periods are determined on the Website when the order is placed.
6.4. The Provider may offer discounts for longer payment periods, promotions and other special terms. The availability or amount of a discount is not guaranteed for subsequent payments.
6.5. Before confirming an order, the Customer is shown the selected Tariff Plan, Paid Period, final amount and payment currency.
6.6. Payment is made using the payment methods and payment providers available to the Customer when placing the order.
6.7. Payment credentials may be processed by the relevant payment provider under its terms and security policies. The Provider does not store full Customer payment card details unless a separate payment method expressly requires this and applicable security requirements are met.
6.8. The Customer’s payment obligation is deemed fulfilled after the Provider or the payment system used by the Provider receives proper confirmation of successful payment.
6.9. After successful payment is confirmed, the relevant Paid Tariff Plan is activated for the Customer’s Account.
6.10. Payment for a Tariff Plan does not constitute purchase of software, server hardware, ownership of the Service or exclusive intellectual property rights.
6.11. Applicable taxes, fees or other mandatory charges related to a transaction are included or shown to the Customer in accordance with applicable law and the relevant payment method.
6.12. The Provider may change Tariff Plan prices. A new price does not apply retroactively to a period already paid for by the Customer.
7. Tariff Term, Tariff Changes and Renewal
7.1. A Paid Tariff Plan starts when it is activated following confirmation of successful payment unless a different start time was expressly stated during checkout.
7.2. A Paid Tariff Plan remains effective for the Paid Period.
7.3. Until the Paid Period ends, the Customer uses the applicable Tariff Plan on the terms that applied to the purchased Tariff at the time of payment, subject to this Offer.
7.4. The Customer may switch to a Tariff Plan with greater available resources and/or a higher price before the current Paid Period ends if such functionality is available in the Service.
7.5. In such case, the unused portion of the current Tariff Plan price may be taken into account in determining the additional amount payable for the new Tariff Plan.
7.6. The specific additional amount, duration of the new Tariff Plan and other material parameters are displayed before the Customer confirms and pays for the change.
7.7. Switching to a lower-priced Tariff Plan and/or one with lower Technical Limits does not change the currently paid Tariff Plan before the Paid Period ends.
7.8. After the current Paid Period ends, the Customer may purchase any Tariff Plan available to the Customer for one of the offered payment periods.
7.9. If the next period has not been paid for by the end of the Paid Period, the Customer’s Account is automatically switched to Sandbox.
7.10. Switching to Sandbox does not by itself delete the Account, Applications or their settings. From that point, Sandbox functionality and Technical Limits apply.
7.11. If the Customer’s actual resource usage exceeds Sandbox Technical Limits at the time of the switch, particular operations or connections may be restricted until usage is brought within those limits or an appropriate Paid Tariff Plan is activated.
Automatic Renewal
7.12. For particular Tariff Plans and payment methods, the Provider may make automatic renewal available.
7.13. Automatic renewal is activated only after a separate affirmative action by the Customer and only if supported by the selected payment provider.
7.14. If automatic renewal is activated, payment for the next period may be initiated through the relevant payment provider without requiring the Customer to re-enter full payment credentials.
7.15. The Customer may disable automatic renewal before the next automatic payment using the functionality made available by the Service.
7.16. If an automatic payment is unsuccessful, the Provider is not required to continue the Paid Tariff Plan without payment. After the Paid Period ends, clause 7.9 applies.
8. Cancellation and Refunds
8.1. The Customer may stop using the Service at any time.
8.2. Stopping actual use before the end of the Paid Period does not by itself terminate the already paid period or create an automatic right to a proportional refund.
8.3. Before purchasing a Paid Tariff Plan, the Customer can evaluate Donevia’s core functionality free of charge using Sandbox.
8.4. Once a Paid Tariff Plan is activated, the service begins to be provided by giving the Customer access to the relevant functionality and Technical Limits during the Paid Period.
8.5. Non-use, use for only part of the Paid Period, or use of only part of the resources available under the Tariff Plan is not by itself a basis for refunding the unused part of the Paid Period.
8.6. As a general rule, amounts paid for an activated Paid Tariff Plan and an unused portion of a Paid Period resulting from the Customer’s decision are non-refundable, except where a refund is required by applicable law or expressly provided by this Offer or separate Provider terms.
8.7. If a paid service could not actually be provided due to material circumstances for which the Provider is responsible, the Provider may, depending on their nature and duration:
- extend the Paid Period;
- provide a credit or other Service compensation;
- make a full or partial refund;
- apply another remedy agreed with the Customer.
This does not override cases where a specific remedy is required by law.
8.8. Refund requests shall be sent to support@donevia.net with information sufficient to identify the Account and the relevant payment.
8.9. Where a refund is due, it is processed taking into account the original payment method, the relevant payment provider’s rules and applicable law.
8.10. The time required for refunded funds to be credited may depend on the payment provider, bank or other financial institution and is not always controlled by the Provider.
9. Rights and Obligations of the Parties
9.1. The Provider shall:
- provide access according to the active Tariff Plan and this Offer;
- take reasonable organizational and technical measures to support Service operability and security;
- provide information about current Tariff Plans, prices and principal Technical Limits;
- process personal data in accordance with the Privacy Policy and applicable law;
- notify Customers of material changes as provided by this Offer.
9.2. The Provider may:
- develop, update and modify Donevia software, architecture, interfaces, APIs and other components;
- perform scheduled and emergency maintenance;
- enforce Technical Limits;
- temporarily restrict operations or access to protect security, stability or integrity;
- change Tariff Plans and prices under this Offer;
- suspend or terminate access in cases of breach, illegality or material threat;
- engage third-party infrastructure providers and contractors.
9.3. The Customer shall:
- use the Service in accordance with this Offer and applicable law;
- keep Account information current;
- properly protect passwords, API credentials, application keys, secrets and other authentication means;
- not disclose confidential credentials except as necessary for lawful operation of the Customer’s systems;
- promptly take reasonable measures after credential compromise;
- ensure the lawfulness of data processed or transmitted through Donevia;
- not disrupt normal operation or circumvent Technical Limits.
9.4. The Customer may:
- use the Service within the active Tariff Plan;
- create and manage available Applications;
- obtain usage information where available in the Account;
- change Tariff Plans under this Offer;
- contact Donevia support;
- stop using the Service as provided by this Offer.
9.5. The Customer independently determines the purposes and methods of using Donevia in the Customer’s products and systems and is responsible for compliance with law and third-party rights.
10. Acceptable Use
10.1. The Customer may not use Donevia for unlawful activity or activity directly aimed at violating third-party rights.
10.2. In particular, the Service may not be used for:
- cyberattacks or DDoS attacks;
- malware distribution;
- unauthorized access to systems, accounts or data;
- phishing, fraud or other unlawful schemes;
- unlawful spam;
- transmission or processing of information without lawful grounds;
- activity intended to disrupt Donevia, its infrastructure or other users.
10.3. Attempts are prohibited to:
- circumvent Technical Limits;
- artificially distribute load among Accounts to bypass Tariff restrictions;
- obtain unauthorized access to administrative or internal Donevia components;
- test vulnerabilities in a manner that risks availability or security without prior permission;
- interfere with resource accounting, statistics, billing or quota controls.
10.4. The Customer shall not use the Service in a manner that creates abnormal or disproportionate load and materially affects stability for other Customers where such use clearly exceeds normal use of the relevant Tariff Plan.
10.5. High load that remains within the Technical Limits and normal purpose of the Tariff Plan is not by itself a violation of this section.
10.6. If a violation is detected, the Provider may require it to cease, temporarily restrict relevant functionality or suspend access.
10.7. Where a violation creates an immediate threat to security, Donevia availability, other users or third parties, the Provider may apply necessary restrictions immediately.
10.8. Where circumstances allow, the Provider informs the Customer of the reason for the restriction and possible actions to restore access.
10.9. Prior notice is not required where immediate restriction is necessary to stop an attack, fraud, unlawful activity, information-security threat or another material threat.
11. Service Availability and Maintenance
11.1. The Provider takes reasonable technical and organizational measures to support stable and continuous operation of Donevia.
11.2. Unless expressly agreed otherwise in a separate agreement or service level agreement (SLA), the Provider does not guarantee absolute continuity or 100% Service availability.
11.3. Temporary interruptions may result from:
- scheduled maintenance;
- emergency maintenance;
- software or infrastructure updates;
- hardware failures;
- problems affecting data centers, hosting providers, communications networks, DNS, CDN or other external providers;
- cyberattacks;
- force majeure;
- other technical reasons requiring temporary restriction.
11.4. Where possible, the Provider seeks to conduct scheduled maintenance in a manner that minimizes its impact on Customers.
11.5. The Provider may communicate planned maintenance, significant incidents and recovery through the Website, Account, email, a Service status page (if available), or another available channel.
11.6. Temporary unavailability of particular functionality does not by itself create an automatic right to a refund of the entire Tariff Plan price.
11.7. Compensation for a material and prolonged inability to provide a paid service is governed by Section 8 and applicable law.
11.8. If a separate SLA is concluded with a Customer, that SLA governs availability metrics, response times and compensation to the extent addressed by it.
12. Intellectual Property
12.1. Intellectual property rights in Donevia, its software, source code, architecture, design, interfaces, documentation, trade designations and other Service components belong to the Provider and/or the relevant rightsholders.
12.2. Entering into this Agreement and paying for a Tariff Plan does not transfer ownership or exclusive intellectual property rights in Donevia to the Customer.
12.3. For the period of Service use, the Customer receives a limited, non-exclusive and non-transferable right to use the Donevia functionality available to the Customer in accordance with this Offer and the active Tariff Plan.
12.4. The Customer retains rights in the Customer’s own software, data, content and other materials owned or lawfully used by the Customer.
12.5. Use of Donevia does not by itself transfer ownership of the Customer’s data or software to the Provider.
12.6. The Customer grants the Provider only those rights to technically process data transmitted through the Service that are objectively necessary for Donevia operation, message routing, security, technical diagnostics and other Service functions under this Offer and the Privacy Policy.
12.7. The Customer warrants that the Customer has the necessary rights and lawful grounds to use through Donevia any software, data, content and other materials transmitted or processed using the Service.
12.8. Use of the Donevia name, logos and other Provider identifiers beyond ordinary use of the Service is permitted only with the Provider’s consent or where otherwise allowed by law.
13. Personal Data, Customer Data and Privacy
13.1. In the course of using the Service, the Provider may process information relating to the Customer’s Account, payments, Service usage, technical connection parameters and other data necessary to provide services, ensure security and support, maintain statistics and comply with legal requirements.
13.2. The Provider’s processing of personal data is additionally governed by the Donevia Privacy Policy .
13.3. Data determined by the Customer, including WebSocket message content and other requests, may pass through the Service infrastructure.
13.4. The Provider does not acquire ownership or other independent rights in such data merely because it is transmitted or technically processed through Donevia.
13.5. The Customer grants the Provider the right to technically process such data only to the extent necessary for Service operation, including receiving, routing and delivering messages, security, abuse prevention, technical diagnostics and other Donevia functions.
13.6. In its basic functionality, the Service is not intended for persistent storage of message content unless expressly provided by a separate feature, Tariff Plan or other Service terms.
13.7. Certain data may be temporarily processed or stored in technical systems, event logs, monitoring, backup or security systems to the extent objectively necessary for Service operation, protection and diagnostics.
13.8. The Provider may retain technical metadata about Service use, including Account and Application identifiers, timestamps, connection information, IP addresses, traffic volume, message counts, resource-usage metrics, error information and other technical parameters.
13.9. Such technical data may be used for Service operation, enforcement of Technical Limits, statistics, billing, abuse prevention, information security, technical support and Donevia development.
13.10. The Customer is independently responsible for having proper lawful grounds for transmitting and processing through Donevia personal data, confidential information and other third-party data.
13.11. If the Customer uses Donevia to process personal data of the Customer’s end users, the Customer independently determines the lawfulness, purposes and permissible scope of such processing unless applicable law or a separate agreement expressly provides otherwise.
14. Liability of the Parties
14.1. The parties are liable for failure or improper performance of their obligations in accordance with this Offer and applicable law.
14.2. The Customer is responsible for use of the Account, Applications, API credentials and other access means, except where the relevant circumstances arose through the Provider’s fault.
14.3. The Provider is not responsible for the content, legality, accuracy or purpose of data transmitted or processed by the Customer through the Service.
14.4. The Provider is not responsible for software, equipment, networks, information systems or other resources of the Customer or third parties that are outside the Provider’s control.
14.5. The Provider is not liable for Service disruptions caused by the Customer’s acts or omissions, incorrect integration configuration, compromise of Customer credentials, violation of documentation or other circumstances on the Customer’s side.
14.6. To the extent permitted by applicable law, the Provider is not liable for indirect damages, lost profits, loss of expected economic benefit or other indirect consequences of using or temporarily being unable to use the Service.
14.7. Nothing in this Offer excludes or limits liability where and to the extent such exclusion or limitation is prohibited by applicable law.
14.8. The Customer shall take reasonable measures to mitigate possible adverse consequences of technical failures, including backup mechanisms, redelivery, local data storage or other fault-tolerant architecture where appropriate for the Customer’s system.
15. Force Majeure
15.1. A party is released from liability for non-performance to the extent such non-performance is directly caused by circumstances beyond its reasonable control whose consequences could not reasonably have been prevented.
15.2. Depending on the circumstances, such events may include natural disasters, fires, hostilities, terrorist acts, large-scale cyberattacks, governmental decisions, prolonged large-scale power, communications or network-infrastructure failures and other extraordinary circumstances.
15.3. The mere existence of martial law, war or another extraordinary circumstance does not automatically release a party from liability. There must be a causal connection between the circumstance and inability to perform the specific obligation.
15.4. A party relying on such circumstances shall take reasonable measures to minimize their consequences and restore performance.
16. Term and Termination
16.1. The Agreement enters into force when the Customer accepts this Offer and remains effective until use of the Service ends and the parties have performed obligations that by their nature survive termination.
16.2. The Customer may stop using the Service and initiate closure of the Account using the procedure available in the Service or by contacting support.
16.3. Closing the Account at the Customer’s initiative does not create an automatic right to a refund for the unused part of the Paid Period. Refunds are governed by Section 8.
16.4. The Provider may suspend or terminate Service access in case of a material or repeated breach of this Offer, acceptable-use rules or law, or where a material threat to Service security or stability is created.
16.5. If the nature of a breach permits remediation without immediate blocking, the Provider may give the Customer a reasonable period to remedy it.
16.6. An Account on a free Tariff Plan that has not been used for 12 consecutive months may be deleted by the Provider.
16.7. At least 30 calendar days before such deletion, the Provider sends notice to the email address associated with the Account.
16.8. If during that period the Customer resumes use or performs another action specified in the notice to preserve the Account, it will not be deleted on the basis of that notice.
16.9. Clauses 16.6–16.8 do not apply to an Account during an active Paid Period.
16.10. After an Account is closed or deleted, certain information may be retained for the period necessary to comply with law, accounting and tax requirements, resolve disputes, ensure security and protect the Provider’s legitimate interests.
17. Amendments to the Offer
17.1. The Provider may amend this Offer due to changes in Service functionality, commercial terms, legislation, security requirements or other justified reasons.
17.2. The current version is published on the Website with its revision date.
17.3. The Provider shall notify the Customer of material changes that may materially affect the Customer’s rights or obligations through the Account, email or another available channel.
17.4. Amendments do not retroactively change the price of a period already paid for by the Customer.
17.5. If the Customer disagrees with new terms, the Customer may stop further use of the Service. Matters relating to an already paid period are resolved under the terms applicable to that period and applicable law.
18. Applicable Law and Dispute Resolution
18.1. Relations between the Provider and Customer are governed by the laws of Ukraine unless mandatory rules applicable to a particular Customer or legal relationship provide otherwise.
18.2. In the event of a dispute, the parties seek first to resolve it through negotiations and correspondence.
18.3. The Customer may send a dispute-related request to support@donevia.net.
18.4. If no settlement is reached, the dispute is resolved in accordance with the procedure and jurisdiction established by applicable law.
18.5. This Offer does not limit consumer rights that cannot be contractually restricted under applicable law.
19. Notices and Communications
19.1. The principal means of electronic communication with the Customer is the email address specified in the Account.
19.2. The Customer shall keep that email address current and able to receive communications.
19.3. The Provider may send by email or through the Service interface notices concerning:
- Account status;
- security;
- payments and Tariff Plans;
- technical incidents;
- material changes to the Service or its terms;
- other matters directly related to provision of services.
19.4. Marketing communications, if sent, are made in accordance with applicable legal requirements and the Customer’s settings/consents where such consent is required.
19.5. The Provider’s contact address for Service-related requests is support@donevia.net.
20. Provider Details
Provider:
Sole proprietor Yurii Donets
Taxpayer registration number: 3035106257
Registered address: Ukraine, 63401, Kharkiv Region,
Chuhuiv District, Zmiiv, 11 Hrabarivskyi Lane
Email: support@donevia.net
Website: https://donevia.net
Service name: Donevia