Terms of Service

1. Definitions

• "Seller" — Sole Proprietor Oleksandr Lomaka, Tax ID 3712001990, state register record No. 265126138813, correspondence address: Kyiv, Ukraine, single-tax payer, not a VAT payer.
• "Buyer" — a legally competent individual who has turned 18, a sole proprietor, or a legal entity that has accepted these Terms.
• "Consumer" — a Buyer purchasing the Product for purposes unrelated to business activity. The Law of Ukraine "On Consumer Rights Protection" additionally applies to relations with a Consumer.
• "Site" — the Seller's website at tempo.in.ua.
• "Product" — the Seller's digital products listed in section 4 of these Terms.
• "Terms" — this document, published on the Site.
• "Acceptance" — the Buyer's performance of the actions set out in clause 2.2.

2. General provisions

2.1. These Terms are an official public offer by the Seller, addressed to an unlimited number of persons, to enter into an agreement for the sale of digital products on the conditions set out below, in accordance with Articles 633, 634, 641, and 642 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine "On Electronic Commerce."

2.2. Acceptance of these Terms consists of the following actions by the Buyer:

• (a) checking the box "I have read and agree to the Terms of Service, Refund Policy, and Privacy Policy" on the order form on the Site; and
• (b) payment for the Product in full.

2.3. The agreement is deemed concluded in written (electronic) form from the moment funds are credited to the Seller's account. The agreement is a public agreement (Art. 633 of the Civil Code) and a contract of adhesion (Art. 634 of the Civil Code).

2.4. No later than the next business day after payment, the Seller sends the Buyer's e-mail address a confirmation of the electronic transaction containing the order terms, in accordance with part eleven of Article 11 of the Law of Ukraine "On Electronic Commerce."

2.5. The version of these Terms published on the Site at the moment of acceptance applies to the Buyer. The Seller keeps an archive of previous versions and provides it upon the Buyer's request.

3. Seller information

In accordance with Article 7 of the Law of Ukraine "On Electronic Commerce" and Articles 13 and 15 of the Law of Ukraine "On Consumer Rights Protection":

The Seller's activity is not subject to licensing.

4. Subject of the agreement

4.1. The Seller undertakes to transfer the digital Product to the Buyer, and the Buyer undertakes to accept and pay for it.

4.2. Types of Product:

4.2.1. Tempo electronic planners — .xlsx (Microsoft Excel) files with pre-built formulas, pivot tables, charts, and design. Available plans:

A full, up-to-date description of each plan's contents is published on the relevant page of the Site and forms an integral part of this agreement.

4.2.2. Access to the "Tempo Game" web app — access to the web service in early-access (beta) status, on the terms of sections 8 and 9 of these Terms.

4.3. The Product is an object of the Seller's intellectual property rights. Terms of use are set out in section 11.

4.4. The Product is not financial, investment, tax, legal, medical, or psychological advice.

5. Technical requirements

5.1. Using the electronic planners (clause 4.2.1) requires:

• Microsoft Excel 2016 or later, or Microsoft 365;
• Windows 10+ or macOS 11+.

5.2. Compatibility limitation. The Seller does not guarantee correct operation of the files in Google Sheets, LibreOffice Calc, Apple Numbers, or mobile versions of Excel: some formulas, macros, and design elements may not render correctly in those programs.

5.3. Accessing "Tempo Game" requires: a personal computer, a current version of Chrome, Safari, Edge, or Firefox, and a stable internet connection.

5.4. Technical requirements are published on each Product's page and in these Terms prior to payment. By accepting these Terms, the Buyer confirms they have reviewed them and have the necessary software and hardware.

6. Price, payment, and receipt

6.1. The Product's price is listed on the Site in hryvnias. The Seller is not a VAT payer.

6.2. The Seller may change prices unilaterally. The Buyer pays the price listed on the Site at the time the order is placed. Prices cannot change after payment.

6.3. Promotional prices and discounts apply for the period and on the terms stated on the Site. Promotion terms are published before the promotion starts and do not change during it.

6.4. Payment is processed via the WayForPay payment service. The Seller does not receive, process, or store the Buyer's payment card details.

6.5. Payment is one-time. This agreement does not provide for subscriptions, recurring charges, or automatic debits.

6.6. The receipt (a fiscal receipt generated by software-based cash register) is sent to the e-mail address the Buyer provided when placing the order.

6.7. Fees charged by payment systems or the issuing bank, if any, are the Buyer's expense and are not reimbursed by the Seller, except in the case of a refund under clause 10.5.

7. Delivery of the Product

7.1. Electronic planners are sent as files or a download link to the e-mail address provided by the Buyer when placing the order, within 24 hours of payment (typically within a few minutes).

7.2. Access to "Tempo Game" is provided by sending login credentials or an invitation link to the same e-mail address within the same period.

7.3. The Seller's obligation is deemed fulfilled from the moment the files (link) or access data are sent to the Buyer's e-mail address.

7.4. If the email does not arrive, the Buyer should contact support (section 3). The Seller will resend the Product within 24 hours of the request, to a different address if needed.

7.5. If, for any reason, the Seller does not deliver the Product within 3 (three) business days of payment, the Buyer is entitled to a full refund. Funds are refunded within 5 business days of such a request.

7.6. The Buyer is responsible for the accuracy of the e-mail address they provide. Resending the Product due to an address error is free of charge upon the Buyer's request.

8. Access period

8.1. Electronic planner files are transferred to the Buyer permanently and stored on the Buyer's own devices. The Seller does not guarantee permanent availability of the re-download link, but undertakes to resend the purchased file upon the Buyer's request within 12 months of the purchase date.

8.2. Access to "Tempo Game" is provided indefinitely, for as long as the service operates — payment is one-time, with no subscription (clause 6.5).

8.3. Service discontinuation. If the Seller decides to discontinue "Tempo Game," it will:

• notify Buyers by e-mail no later than 60 calendar days before discontinuation;
• provide the ability to export the Buyer's data in .xlsx or .csv format throughout the notice period.

8.4. Updates to "Tempo Game" are provided to the Buyer free of charge for the duration of access.

9. Special terms for "Tempo Game" early access

9.1. "Tempo Game" is provided in beta (early-access) status. The Buyer pays for the scope of functionality actually available and described on the Site at the time of payment.

9.2. As of the date of this version of these Terms:

• full functionality is available on the desktop version;
• mobile versions are in development.

9.3. The Seller makes reasonable efforts to develop the service further but does not guarantee specific release dates for individual features. Statements about development plans are indicative and are not part of the subject matter of this agreement.

9.4. The Buyer understands and agrees that technical glitches and temporary unavailability of the service are possible in a beta version. The Seller undertakes to fix identified issues within a reasonable time.

9.5. This section does not relieve the Seller of liability for the Product's compliance with the description published on the Site at the time of sale.

10. Quality, conformity, and refunds

10.1. The Product is digital content whose delivery begins immediately after payment. By paying for the Product, the Buyer gives express consent to immediate delivery of digital content and confirms that the right to withdraw from this agreement due to a change of mind does not apply once delivery has begun, to the extent permitted by Ukrainian law.

10.2. The Seller warrants that the Product conforms to the description published on the Site at the time of payment.

10.3. Conditional refunds. Notwithstanding clause 10.1, the Seller refunds payments within 14 days of the payment date for a valid reason:

• the Product was not delivered, and the issue was not resolved within 72 hours of contacting support;
• the Product materially does not match the plan's description published on the Site at the time of purchase (missing features or modules listed in the plan);
• the Product has a technical defect (e.g., a broken file or formulas) that the Seller failed to fix or replace within 5 business days of being notified;
• a duplicate or erroneous payment occurred.

10.4. The following are not valid grounds for a refund: a change of mind or no longer needing the Product; not using the Product after purchase; lacking the required software (Microsoft Excel) or a compatible device — in this case the Seller will help with setup and provide a consultation; beta limitations of "Tempo Game" that were disclosed on the Site at the time of purchase (e.g., mobile versions still in testing).

10.5. How to request a refund. Submit a request to tempohelp@proton.me or via Telegram support @tempo_help within 14 days of purchase, stating the e-mail address used for payment, the plan name, and a short description of the problem. The Seller will first try to resolve the issue (resend the Product, replace the file, or help with setup); if the issue cannot be resolved within 5 business days, the Seller refunds the funds in full using the original payment method within 14 banking days. Before opening a bank dispute, the Buyer should contact the Seller first: valid requests are reviewed within 3 business days. The detailed procedure is set out in the Refund Policy.

10.6. Upon a refund, the license under section 11 terminates: the Buyer must stop using the Product and delete the received files; access to "Tempo Game" is deactivated.

10.7. The Seller may refuse a refund if the same Buyer has already received a refund for the same Product.

10.8. Regardless of the terms of this section, a Buyer who is a Consumer retains all rights under the Law of Ukraine "On Consumer Rights Protection," including the right to a refund in the event of a material non-conformity of the Product with its description, or the impossibility of using it as intended due to the Seller's fault. The terms of this agreement do not limit or waive these rights.

11. Intellectual property rights and license

11.1. Purchasing the Product does not transfer any intellectual property rights to the Buyer. All such rights remain with the Seller.

11.2. Scope of license. The Seller grants a non-exclusive, irrevocable (subject to clause 11.6), perpetual license, valid worldwide, to use one copy of the Product by the Buyer.

11.3. The Buyer is permitted to:

• use the Product for their own purposes, including in their own professional and business activity;
• adapt, modify, and supplement the files for their own tasks;
• use the Product on an unlimited number of their own devices;
• print materials for personal use.

11.4. The Buyer is prohibited from:

• reselling, transferring, gifting, renting out, or otherwise distributing the files, links, or access data to third parties;
• publishing the Product in open access, on file-sharing platforms, messaging apps, or social networks — including in modified or partially modified form;
• creating derivative products based on the Product for further sale or free distribution;
• granting third parties access to their "Tempo Game" account;
• removing or altering attribution marks.

11.5. Permission to use the Product within a team or organization (multiple users) is granted separately, based on the Seller's written consent.

11.6. In the event of a breach of clause 11.4, the Seller may suspend or terminate access to "Tempo Game" and seek compensation for damages as provided by law. Funds are not refunded in such a case.

12. Liability of the parties

12.1. Tempo is a planning and organization tool. The Seller does not guarantee that the Buyer will achieve any financial, career, organizational, or other results — these depend on the Buyer's own actions.

12.2. The Seller is not liable for the Buyer's inability to use the Product resulting from the Buyer's hardware or software not meeting the technical requirements in section 5, provided the Buyer was informed of these requirements before payment.

12.3. The Seller is not liable for issues on the Buyer's side: lack of internet access, hardware malfunction, antivirus software behavior, or the Buyer's e-mail settings (including messages landing in spam).

12.4. The Buyer is solely responsible for keeping the purchased files and access data safe.

12.5. Limitation of liability. The Seller's total liability under this agreement is limited to the amount actually paid by the Buyer for the relevant Product. This limitation does not apply where the law provides otherwise, including liability for harm to life and health, and cases of the Seller's willful breach of its obligations.

12.6. Force majeure. The parties are released from liability for failure to perform their obligations if caused by circumstances of insurmountable force: military action, missile strikes, prolonged power outages, failures of backbone communication networks, decisions of government authorities, or natural disasters. Such circumstances are confirmed in the manner established by Ukrainian law. This does not deprive the Buyer of the right to a refund for an undelivered Product.

13. Personal data

13.1. The Seller processes the Buyer's personal data (name, e-mail address, technical order data) to perform this agreement, provide support, and comply with tax law requirements.

13.2. The legal basis for processing is the conclusion and performance of an agreement to which the data subject is a party (Art. 11 of the Law of Ukraine "On Personal Data Protection").

13.3. The Buyer has the right to access, correct, and delete their personal data, and to withdraw consent to processing, to the extent this does not conflict with the mandatory retention of source documents.

13.4. Detailed terms are set out in the Privacy Policy, which forms an integral part of this agreement.

14. Handling requests and dispute resolution

14.1. All requests, claims, and complaints are submitted to the Seller's e-mail address (section 3). The Seller undertakes to provide a substantive response within 10 business days.

14.2. The parties will make efforts to resolve disputes through negotiation.

14.3. If no agreement is reached, the dispute is resolved in court in accordance with Ukrainian law.

14.4. A Buyer who is a Consumer may file a claim in court at their place of residence (stay) or at the place the harm occurred, and is exempt from court fees in consumer protection cases (Art. 22 of the Law of Ukraine "On Consumer Rights Protection"). The Buyer may also contact the State Service of Ukraine on Food Safety and Consumer Protection. The terms of this agreement do not limit these rights.

14.5. This agreement is governed by the law of Ukraine.

15. Term, changes, and other conditions

15.1. These Terms take effect upon publication on the Site and remain in effect until withdrawn by the Seller.

15.2. The Seller may amend these Terms. The new version takes effect upon publication on the Site and does not apply to orders already paid for.

15.3. Regarding access to "Tempo Game" (as an ongoing relationship): the Seller notifies Buyers of material changes by e-mail no later than 30 calendar days in advance. If the Buyer does not agree to the changes, they may terminate the agreement and receive a refund proportional to the unused access period.

15.4. This agreement is drafted in Ukrainian. The languages of correspondence and support are Ukrainian, English, and Spanish.

15.5. If any provision of this agreement is found invalid, this does not invalidate its other provisions.

15.6. The following form an integral part of this agreement: the Refund Policy, the Privacy Policy, and the Product description on the relevant page of the Site.

16. Seller details

Sole Proprietor Oleksandr Lomaka

Tax ID: 3712001990

State register record: No. 265126138813

Address: Kyiv, Ukraine

E-mail: tempohelp@proton.me

Telegram: @tempo_help

Site: tempo.in.ua

IBAN: UA563220010000026005380018433