Public Offer Agreement

• Service — the Thumbora online service at 4thumb.com for generating, editing and exporting images (YouTube thumbnails) with artificial intelligence.
• Account — the Customer’s personal account in the Service.
• Credits — internal accounting units of the Service used to pay for generations; they are neither money nor a means of payment.
• Plan (subscription) — a package of services with a monthly credit allowance and limits, paid monthly or yearly.
• Credit pack — a one-time purchase of a fixed number of credits.
• Payment provider — WayForPay, which accepts payments on behalf of the Contractor.

The Contractor provides the Customer with access to the functionality of the Service within the purchased plan or credit pack, and the Customer pays for it. The scope of services, prices, the number of credits and limits are published on the pricing page and form part of this offer at the moment of payment.

The Customer accepts this offer by paying for a plan or a credit pack. Registration in the Service means acceptance of the Terms of Use. From the moment of acceptance the agreement is concluded in electronic form, which is equivalent to a written agreement.

• Prices are set in the currency shown on the pricing page. At checkout the amount may be charged in USD at the rate shown before payment.
• Payment is made by bank card or other methods available on the WayForPay payment page.
• The obligation to pay is fulfilled when the payment provider confirms the payment. Credits are added and the plan is activated only after such confirmation.
• For subscriptions, the Customer authorizes the Contractor to charge a recurring payment for each next period until the subscription is cancelled.
• The Contractor may change prices. New prices apply to purchases and renewals made after their publication; for an active subscription, the Customer is notified before the next renewal.

• Access to the Service is provided immediately after the payment is confirmed.
• Each generation is charged according to the credit cost shown before it starts; credits for unsuccessful generations are returned automatically.
• Subscription credits are granted for each billing month (including on yearly plans) and are valid until its end.
• The services are considered provided as credits are used, and for subscriptions — for each paid period.

The Contractor undertakes to:

• provide access to the Service according to the plan;
• keep the Customer’s data confidential in accordance with the Privacy Policy;
• return credits for unsuccessful generations and process refunds under the Refund Policy;
• notify the Customer of material changes to these terms.

The Customer undertakes to:

• use the Service in accordance with the Terms of Use and the law;
• not upload content without the necessary rights and consents;
• keep account credentials confidential;
• pay for the services on time.

The Customer may cancel a subscription at any time; it remains active until the end of the paid period. Refunds are made under the Refund Policy.

• The parties are liable for non-performance of their obligations under the law of Ukraine.
• The Contractor is not liable for content created by the Customer or its use, or for interruptions caused by third parties — AI providers, payment and hosting providers, communication networks.
• The Contractor’s total liability is limited to the amount paid by the Customer in the 3 months before the claim, unless the law provides otherwise.

The parties are released from liability for non-performance caused by force majeure — including martial law, hostilities, power outages, cyberattacks and acts of public authorities — for as long as such circumstances last.

The agreement is valid until the parties have fulfilled their obligations. The Contractor may change this offer by publishing a new version; the changes do not apply to periods already paid for. The Customer may terminate the agreement at any time by cancelling the subscription and deleting the account.

Disputes are resolved through negotiation and, if no agreement is reached, in court under the law of Ukraine. Consumers keep all rights granted by the Law of Ukraine “On Consumer Protection”.

[to be filled], EDRPOU [to be filled], address: [to be filled], email: [to be filled], phone: [to be filled]. Bank details are listed in the company details block above.