Public Offer
This document is an offer to conclude a public contract between Tobto company and the user. This contract is public, meaning its terms are the same for all users regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By accepting the offer, the user fully accepts the terms of the contract. The contract is considered concluded from the moment of clicking the Register button in the user's Personal Account. Under Tobto company, we understand Individual Entrepreneur Makukha Mykola Ihorovych (registration number 3282714732).
Tobto provides users with access to a platform for placing, systematizing, storing, transmitting, and exchanging photo materials through online galleries. Each gallery is located at an individual link, which is generated when placing the entire series of photo materials, which the user at their own discretion can transfer to their customers.
By accepting this public offer, the user confirms that they own all rights to the photo materials they place. Tobto is not responsible for photo materials placed by the user and does not pre-check these photo materials. After receiving a complaint about photo materials, the administrator has the right to delete photo materials that violate another author's copyright, or are illegal, threatening, offensive, contain a virus or other software code designed to damage any software or obtain unauthorized access to data or other user information, and any other photo materials that contradict the User Agreement. Tobto is not responsible for any failure or delay in the operation of the platform under circumstances beyond our control. By this, the user waives claims that may arise in connection with the latter. Tobto opens access to Tobto functions for the user within one business day from the moment of payment receipt in accordance with the tariff plan. Tobto ensures the performance of the functions specified in the User Agreement, provides round-the-clock availability of the server except for preventive work. Tobto ensures the confidentiality of data placed by the user, except for banking data, the responsibility for storing which is borne by the payment gateway: Bank PJSC "UNIVERSAL BANK", EDRPOU code 21133352, operating under the trade name "Plata by mono". The subscription cost is published on the order page, on our website https://tobto.io. The cost of subscription for a particular tariff plan is always indicated in the national currency (Ukrainian hryvnia UAH). All prices in foreign currency (USD) that you may find on our website are approximate equivalents and are published for your convenience. The cost of subscription in national currency may change depending on currency fluctuations, but it always corresponds to the cost indicated on our website and on the payment page. The final cost of services in the payment currency (Ukrainian hryvnia UAH) is displayed on the service payment page and is fixed in the electronic invoice of the payment system. The cost of services does not include additional commissions of banks and payment systems. Funds withdrawal for using the service occurs according to the terms specified in the selected tariff plan, in automatic order using the payment method received from you during verification. Tobto has the right to suspend access to the personal account in case of payment delay, planned and emergency work.
According to the User Agreement, all photo materials located on Tobto are protected by copyright, trademarks, patents and other property rights and are exclusively the property of the authors. You cannot copy, modify, reproduce, download, republish, distribute or transmit any photo materials without prior written agreement with the specific author of this material. The user is responsible for unauthorized use of copyrighted photo materials placed on Tobto.
We take all necessary measures to protect data from unauthorized access, modification, disclosure or destruction. These measures include, but are not limited to, internal review of data collection, storage and processing processes and security measures, including appropriate encryption and physical security measures to prevent unauthorized access to systems where we store personal data. Detailed information about the privacy policy is published on the page: https://tobto.io/privacy
The user bears sole responsibility for keeping your password and account confidential, as well as for any actions or inaction that occurred as a result of using your password or account. We are not responsible for technical failures or data loss from the server side, where we store data (customer photos). For all disputes, you agree to contact Tobto technical support. Disputes that were not resolved amicably are resolved through the court system.
The User Agreement enters into force from the moment of its acceptance and is valid until the User's Personal Account is deleted. In case of payment delay for the selected tariff, the user will have only 90 days to restore the subscription. If the user does not manage to do this, we will have to delete all uploaded files and transfer the user's account to the free tariff FREE. Complete deletion of the Account occurs only through the support service, at the user's request. After deleting the Account, the user will not be able to use the Tobto service. This agreement is drawn up in the Ukrainian state language and the user confirms that they are familiar with this disclaimer about complete understanding of the original text of the User Agreement.