PUBLIC OFFER (AGREEMENT)
OF INTERNET RESOURCE

1. Details:

• 1.1.E‑mail: info@es.smmtouch.store
• 1.2. Domain: https://es.smmtouch.store
• 1.3. Link to the offer: https://es.smmtouch.store/public-agreement/

2. Preamble

This public offer (hereinafter — “Agreement”) constitutes this public offer for information and technology services, issued by the person providing services through the domain specified in clause 1.2 of the section “Details” (hereinafter — “Service Provider”) and is primarily governed by the laws of the Republic of Uganda. International standards apply exclusively to technical components (API, distributed infrastructure, software frameworks) in foreign jurisdictions, as specified in the OECD Interoperability Standard (2023) and the Council of Europe Convention on Cybercrime (ETS No. 185). We offer any interested person, hereinafter referred to as the User, to unconditionally accept all the terms of this offer for the provision of services by the Internet service located at the address specified in clause 1.2 of the section “Details”. The full text of the offer is available at the link specified in clause 1.3 of the section “Details”. By concluding this offer, the User agrees to the terms of the public contract on the following:

3. Definitions Part 1

1. Offer — this public offer for information and technology services.
2. “We”, “Our”, “Us” and other forms of reference mean the Service Provider, the person providing services through the domain specified in clause 1.2 of the section “Details”.
3. “You”, “Your”, “Internet‑service User” — means users, any natural or legal person applying for services through the Platform.
4. Platform or Internet service (hereinafter — the Service) — a set of software and hardware tools that ensure the publication for public access of information and data united by a common purpose through technical means used for communication on the Internet. The Service in this offer means the website whose information is specified in clause 1.2 of the section “Details”.

4. Governing Law

1. Basic legislation: Data Protection and Privacy Act of the Republic of Uganda (DPPA, 2019) and subordinate acts.
2. International standards:
   1. API components comply with the OECD Interoperability Framework (2023).
   2. Cybersecurity is governed by the Council of Europe Convention on Cybercrime (ETS No. 185).

Acceptance of the Terms

Use of the Platform signifies agreement with the terms of the Offer. The full text is available at the link in section “1. Details” “1.3. Link to the offer”.

Responsibility and Dispute Resolution

1. Arbitration: All disputes are considered by the Kampala International Arbitration Centre (KIAC) under the UNCITRAL rules (Uganda Arbitration Act 2021 § 7(a)).
2. Limitation of liability: Maximum liability — 12 months of paid services (Uganda Contract Act § 64(2)); excludes GDPR violations concerning EU residents (CJEU Case C‑311/18 Schrems II).

4.2. Exclusion of jurisdictions with high fines:

1. This offer does not apply to residents of the EU and jurisdictions where penalties for violations exceed 0.1 % of global revenue (e.g., GDPR, UK Data Protection Act 2018). The liability limitation (12 months of paid services) does not apply to GDPR violations with respect to EU residents in accordance with CJEU Case C‑311/18 (Schrems II). The services are NOT intended for users of such regions.

Data Protection

1. Cross‑border data transfer: Complies with GDPR Art. 45 (EU) and UK Data Protection Act 2018 Schedule 21.
2. Breach notification: 72‑hour notification to NITA‑U (DPPA Regulations § 12(4)).

5. Definitions Part 2

5.1. For the purposes of this public offer (agreement) the terms below are interpreted as follows:

1. 5.1.3. Personal Account — a set of protected pages of the Service created during User registration.
2. 5.1.4. Service Object — an account on Social Platforms (see clause 1.1.5) in respect of which We provide the User with Services via the Service.
3. 5.1.5. Social Platforms — online sites including YouTube and other content‑publishing and audience‑interaction platforms, as well as messengers intended for message exchange and user communication.
4. 5.1.6. Internet‑service User — any non‑sanction‑country resident using the Service under this offer and other documents published on the Service.
5. 5.1.7. Public offer (agreement) (hereinafter — the Agreement) — this document published via the link specified in clause 1.3 of the section “Details”, containing Our offer to any person (User) to conclude a contract for the provision of services through the Service to promote accounts on Social Platforms. After the User accepts Our offer by performing the specified actions (offer acceptance) this offer becomes a public contract between Us and the User.
6. 5.1.8. Tariff — the scope and type of Services offered for ordering by the User within the Service.
7. 5.1.9. Promotion Services (boosting) (hereinafter — the Services) — a set of information and analytical methods used in digital marketing aimed at increasing the visibility of the User’s accounts on Social Platforms. The Services are provided exclusively by lawful means in accordance with Jurisdiction law and international law, including fair competition and data‑protection provisions. VThe term “boosting” is used solely as a marketing label to increase the Service’s visibility in search engines and does not imply artificially inflating user metrics such as likes, views, or followers in violation of Social Platform rules or legal norms on fair competition and consumer‑rights protection. All promotion methods applied by the Service aim to increase natural audience engagement with the User’s account and fully comply with the rules and policies of the applicable Social Platforms. The result of the Services depends on the scope and type of service selected by the User on the Service’s website.
8. 5.1.10. Account/Profile — a unique username (login) and password giving access to the User’s Personal Account within the Service.

5.2. All other terms and their definitions are applied by the Parties in accordance with Jurisdiction law, international law, and their generally accepted everyday meaning.

6. Subject of the Agreement

6.1. We provide the Promotion Services selected by the User for the specified accounts on social networks and other online platforms; the User accepts the Services provided via the Service and pays for them under this Agreement.

6.2. This Agreement has been developed by Us and contains the basic rules under which the Service operates. The Agreement may be supplemented by conditions and rules contained in its appendices, other documents regulating relations within the Service and published on its pages, and by conditions and rules posted by Us on the Service’s pages as informational materials, explanations, etc.

6.3. We reserve the right to amend the text of this Agreement by publishing a new version on the Internet. The User must regularly monitor changes. If the User disagrees with the new version or individual terms, they must immediately stop using the Service. If the User continues to use the Service after a new version comes into effect, they thereby confirm full agreement with it.

6.4. The User must fully review the Agreement before ordering Services. Use of the Service signifies full and unconditional acceptance of this Agreement in accordance with applicable Jurisdiction law.

6.5. We make the Service Tariffs available to the User by publishing them in the Personal Account and on Service pages.

7. Offer Acceptance (Concluding the Agreement)

7.1. To fully use the Service functions and Services the User must perform actions signifying acceptance of the offer, after which this offer becomes a public contract (Agreement) between Us and the User.

7.2. Acceptance of this Agreement means full acceptance and consent by the User to its terms and to other documents governing operation of the Service and posted on its pages.

7.3. Unconditional acceptance of this offer is the start of using the Service (to the extent available without registration) and/or registration with the Service as a User.

7.4. The User is prohibited from using the Service functions (its Services) without full and unconditional consent to this Agreement.

7.5. This electronic Agreement is legally equivalent to an agreement in writing signed by the parties. All electronic documents, notices and expressions of will created or executed remotely via the Service under this Agreement are deemed duly executed in simple written form.

7.6. The acceptance period of this Agreement is unlimited or set individually.

8. Registration

8.1. The User may register to gain access to the Service’s functions.

8.2. Registration is carried out in the usual Internet manner, by completing a registration form and confirming registration via a link in an e‑mail, or by authorizing through proposed platforms (VK).

8.3. During registration the User fills out the form, voluntarily providing personal data. After form submission an e‑mail is sent to the User with a link to confirm their address. After first authorization We grant the User access to the Personal Account and Service functions.

9. OUR RIGHTS AND OBLIGATIONS

9.1. We act on behalf of the Service within this Agreement and other documents regulating the Service’s operation.

9.2. We supervise the Service’s functioning, its operability, and user actions while Services are rendered through the Service.

9.3. We may restrict access to the Service for a User who violates this Agreement or other documents regulating the Service.

9.4. We have the right:

• 9.4.1. to change the design, Content or set of Services, modify or add software or any server applications at any time with or without notice;
• 9.4.2. to send the User messages (e‑mail or otherwise) on use of the Service or provision of Services;
• 9.4.3. to change the terms of an account or terminate it (temporarily or permanently) with or without notice;
• 9.4.4. to change or delete any Content that may violate law, this Agreement or third‑party rights and to suspend, limit or terminate the User’s access to all or any sections of the Service with or without notice;
• 9.4.5. to request the User’s consent to process personal/commercial data at any time and in any form;
• 9.4.6. to import and store personal/commercial data to which the User has granted access;
• 9.4.7. to impose additional restrictions on use of the Service and change them at any time;
• 9.4.8. to take other actions aimed at improving Service quality and convenience;
• 9.4.9. The above list of Our rights is not exhaustive.

9.5. We undertake:

• 9.5.1. to provide user information and personal data to third parties and other users only in accordance with this Agreement and applicable law;
• 9.5.2. to comply with section 4 (Governing Law).

10. USER RIGHTS AND OBLIGATIONS

10.1. After registration a person acquires the legal status of a registered User.

10.2. This status enables use of the Service’s functions and ordering of Services under the chosen Tariff.

10.3. The User must supply all information, materials and data We need to render Services.

10.4. The User may:

• 10.4.1. order Services under the selected Tariff;
• 10.4.2. read informational materials on the Service’s pages;
• 10.4.3. use the Service’s functions;
• 10.4.4. require Us to observe this Agreement and other governing documents;
• 10.4.5. send Us enquiries on Service operation and provision of Services.

10.5. The User must:

• 10.5.1. observe all terms of this Agreement and related documents;
• 10.5.2. provide only truthful data and correct it when it changes;
• 10.5.3. not use Our Services for unlawful purposes or to harm the Service or third parties;
• 10.5.4. not disclose confidential information received through relations with the Service;
• 10.5.5. not perform actions prohibited by this Agreement in the Service;
• 10.5.6. not violate generally accepted Internet rules on quotation, copying or distribution of Content;
• 10.5.7. review this Agreement and other rules at least once every two (2) months.

10.6. When using the Service the User is forbidden to:

• 10.6.1. interfere with normal operation of the Service or its elements;
• 10.6.2. upload, store, publish or otherwise use viruses or other malicious software;
• 10.6.3. destabilise the Service, attempt unauthorised access to its management or closed sections, or perform similar actions;
• 10.6.4. use automated scripts/programs to collect information or interact with the Service;
• 10.6.5. attempt to access another user’s account (including by hacking) against that user’s will;
• 10.6.6. (This list of obligations and restrictions is not exhaustive.);
• 10.6.7. comply with section 4 (Governing Law).

11. ORDERING AND PROVISION OF SERVICES

11.1. To order Services the User selects the desired Tariff and pays for it.

11.2. Tariff selection and ordering are performed through the Service software.

11.3. The Parties agree that the Certificate of Acceptance of Services is executed electronically; it is deemed agreed at the moment We finish rendering Services. If within one calendar day after completion the User does not send a reasoned refusal, the Certificate is considered agreed and the Services accepted in full without claims.

12. PRICE AND SETTLEMENTS

12.1. The User pays Us the cost of the chosen Tariff published in the Personal Account and on the Service’s pages.

12.2. All financial transactions within the Service (except direct payment of a Tariff) are advance payments for future orders and are recorded for the User in the Personal Account.

12.3. Payment is 100 % pre‑paid by the methods offered on the Service’s pages.

12.4. Payments are made in euros; a different currency may be agreed by the Parties.

12.5. Refunds are governed by a separate Service Regulation on refunds.

13. INTELLECTUAL PROPERTY RIGHTS

13.1. All objects available through the Service (design elements, text, graphics, illustrations, video, software, databases, etc.) and any content on the Service’s pages are objects of Our exclusive rights or those of other right‑holders.

13.2. Content and other Service elements may be used only within the Service’s functionality; any other use without prior permission is prohibited except as expressly allowed by law or specific Service functions.

13.3. Personal non‑commercial use of Service Content is allowed only if all copyright notices and the author’s/right‑holder’s name remain unchanged and the object itself is kept unchanged, unless otherwise provided by law or other governing documents.

14. PERSONAL ACCOUNT

14.1. Upon registration the User obtains access to a Personal Account (protected pages created during registration).

14.2. Access is gained by entering the User’s Account information.

14.3. The Personal Account menu includes: new order placement, order history, Tariffs and prices, advance payment option, referral program, etc.

15. Term of the Agreement

15.1. This Agreement enters into force upon its acceptance by the User and remains effective for the entire period during which the User uses the Service and its services.

15.2. Early termination of this Agreement is effected by the User sending an appropriate notice to Us.

15.3. The Offer on which this Agreement is based is current from the moment it is published on the Service’s pages and remains valid for an unlimited period.

16. Confidentiality

16.1. The procedure for processing users’ personal data is regulated by the Privacy Policy of the internet service, with the requirements described in section “4. Governing Law”.

16.2. We guarantee the collection, processing and storage of users’ personal data in strict accordance with Jurisdiction law, international legal instruments in the field of collection, processing, protection and use of personal data, as well as generally accepted rules for the processing, storage and transfer of personal data on the Internet, and other regulatory documents governing such procedures, taking into account clause “4.2. Exclusion of jurisdictions with high fines”.

16.3. By accepting this Agreement, the User consents to receiving (to the personal contact details provided) informational, advertising and other letters, requests, notifications, etc. concerning Our services and the services of third parties that are in partnership with Us, subject to the requirements in section “4. Governing Law”.

17. Force Majeure

17.1. We are released from liability for partial or complete non‑performance of obligations under this Agreement if such non‑performance results from force‑majeure circumstances that arose after the publication of this Agreement and which the parties could not foresee or prevent.

17.2. Force‑majeure events include those that make performance impossible: earthquakes, floods, other natural disasters, fires, nuclear and other industrial accidents, strikes, military actions, civil disturbances, or acts of state authorities preventing the fulfillment of this Agreement. All other impediments, regardless of their nature, are not considered force majeure unless the parties specifically agree otherwise.

18. Liability

18.1. For failure to perform or improper performance of obligations under this Agreement, the Parties bear liability in accordance with current Jurisdiction law, with the requirements described in section “4. Governing Law”.

18.2. The Party that causes damage to the other Party compensates such damage in accordance with Jurisdiction law and section “4. Governing Law”.

18.3. We are liable for breaches of this Agreement in the amount of actual damage and lost profits, but not exceeding the value of the contractual relations that arose between the Parties during the period in which the breach occurred through Our fault, in accordance with section “4. Governing Law”.

19. Disputes

19.1. All disputes and disagreements arising out of or in connection with this Agreement shall be resolved through negotiations.

19.2. A claim (pre‑trial) procedure for settling disputes under this Agreement is mandatory for the Parties.

19.3. Claim letters shall be sent by courier or registered mail with delivery confirmation to the Parties’ locations.

19.4. Sending claim letters by other means is not permitted.

19.5. The period for considering a claim letter is fifteen (15) calendar days from its receipt by the addressee.

19.6. If agreement cannot be reached or negotiations are refused, disputes arising out of or in connection with this Agreement, including its performance, breach, termination or validity, shall be considered by the court at Our location, in accordance with current Jurisdiction law and section “4. Governing Law”.

20. Final Provisions

20.1. The Parties confirm that they have fully read this Agreement and have sufficient rights to enter into the contractual relations provided herein.

20.2. This document is a public offer and contains all essential terms required to conclude a public contract upon the User’s acceptance by performing the actions specified herein.

20.3. The Parties undertake to notify each other of changes in their details within two days. We may give such notice by publishing the relevant information on the Service’s pages.

20.4. The Parties agree that correspondence via official e‑mail addresses constitutes official correspondence and may create or terminate rights and obligations under this Agreement.

20.5. Relations arising from this Agreement are governed by current Jurisdiction law, international law, and legal documents published on the Service’s pages.

20.6. If any provision is declared invalid under applicable law, the remaining provisions remain in full force, subject to section “4. Governing Law”.

20.7. Our e‑mail address for user enquiries is specified in clause 1 of the section “Details” of this document.