Public Offer Agreement for Access to the momika Service
Version of 15 October 2026
This is an English translation for convenience. In case of any discrepancy, the Ukrainian version prevails.
1. General provisions
1.1. This document is a public offer under Articles 633 and 641 of the Civil Code of Ukraine made by the individual entrepreneur whose details are listed in Section 16 (the Provider) to enter into an agreement for access to the momika online service (the Agreement).
1.2. Service means the website momika.com.ua and its software that allow photographers and videographers to upload, store and deliver photos and videos to their clients in online galleries, receive photo selections, and sell prints and digital files.
1.3. User means an individual, individual entrepreneur or legal entity that has registered an account in the Service and accepted this Agreement.
1.4. User's Client means a person to whom the User gives access to a gallery (for example, a shoot client or an event guest). The User's Client is not a party to this Agreement.
1.5. Plan means a package of Service features (storage and functions) and its price, published on the “Plan” page of the account.
1.6. The Agreement is concluded electronically under the Law of Ukraine “On Electronic Commerce” and has the same legal force as a written agreement.
2. Acceptance
2.1. Registering an account with phone number confirmation by SMS code constitutes full and unconditional acceptance of this Agreement.
2.2. Paying for any paid Plan additionally confirms the User's consent to the version of the Agreement in force at the time of payment.
2.3. The User confirms they are at least 18 years old and have full legal capacity and, when registering on behalf of a company or entrepreneur, the necessary authority.
3. Subject
3.1. The Provider gives the User access to Service features according to the chosen Plan, and the User undertakes to use the Service in line with this Agreement and to pay for a paid Plan if chosen.
3.2. The Service is provided “as is”. The Provider makes reasonable efforts to keep it running but does not guarantee the absence of interruptions due to maintenance, updates or circumstances beyond its control.
4. Registration and account
4.1. To register, the User provides a name or studio name, mobile phone number and password. The phone number is confirmed with a one-time SMS code.
4.2. The User keeps the password secret and is responsible for all actions performed through their account.
4.3. The User must promptly notify the Provider of any unauthorized access to the account.
5. Plans and trial
5.1. Plans, prices, storage and features are published on the “Plan” page. The “Free” Plan is provided at no charge with limited storage.
5.2. After registration, the User receives a free 14-day trial of the “Pro” Plan, with no bank card required. If the User does not pay for a Plan when the trial ends, the account switches to “Free” automatically.
5.3. The Provider may change Plans and prices by publishing the changes on the website. Price changes do not affect an already paid period.
6. Payment and automatic renewal
6.1. Payments are made in hryvnias by bank card via LiqPay (JSC CB PrivatBank) or monobank (JSC Universal Bank). Card data is processed only by the payment service; the Provider does not receive or store full card details.
6.2. By paying for a Plan, the User agrees to automatic recurring charges of the Plan price every month or year (depending on the chosen period) to the card used for the first payment, until auto-renewal is turned off.
6.3. The User can turn off auto-renewal at any time on the “Plan” page. The Plan then remains active until the end of the paid period, after which the account switches to “Free”.
6.4. If an automatic charge fails, the Provider may retry within 3 calendar days. If no payment is received, the account switches to “Free”.
6.5. After each payment, the Provider issues a fiscal receipt using a software cash register (Checkbox) as required by Ukrainian law. The receipt is available in the payment history on the “Plan” page.
7. Refunds
7.1. Access is considered provided once the paid Plan is activated. Payments for the current paid period are not refunded when auto-renewal is turned off or the account is deleted.
7.2. Refunds are made for erroneous or duplicate charges, and if the Service was unavailable through the Provider's fault for more than 72 consecutive hours during a paid period — in proportion to the downtime.
7.3. To request a refund, the User emails the Provider. Refunds are made to the card used for payment within 30 calendar days.
8. File storage
8.1. The User may upload files within the storage of their Plan. When storage is full, new uploads are blocked until the User upgrades or deletes files.
8.2. If, after a paid Plan ends, the User's files exceed the “Free” limit, the files are kept but new uploads are not possible.
8.3. The Provider may delete files exceeding the “Free” limit if the User has not paid for a Plan for more than 90 calendar days after the paid period ended, with at least 14 days' prior notice.
8.4. The Provider stores files on secure servers in the European Union and takes reasonable measures to protect them, but recommends that the User keep backups of originals.
8.5. Deleted accounts and galleries are removed permanently.
9. Intellectual property
9.1. All rights to photos, videos and other materials uploaded by the User belong to the User (or third parties from whom the User obtained the rights).
9.2. The User grants the Provider a non-exclusive, royalty-free license to store, process (including creating resized copies), reproduce and display the materials solely as needed to provide the Service. The license ends when the materials are deleted.
9.3. The User guarantees they hold the rights to uploaded materials and have obtained the necessary consents of people depicted to share the materials with the User's Clients through the Service.
9.4. The momika software, design and trademark belong to the Provider.
10. Prohibited content and use
10.1. The User must not upload or share materials that:
- violate Ukrainian law or third-party rights, including copyright;
- contain child sexual abuse material, or promote violence, war, terrorism or hatred;
- are malware or spam.
10.2. The Provider may, without notice, disable access to a gallery or block the User's account if this section is violated, or at the request of authorized state bodies.
11. Print and file store
11.1. The Service may provide the User with a technical means to sell prints, photo books and digital files to the User's Clients (the Store).
11.2. The User is the seller in the Store. Payments from the User's Clients go directly to the User's account through the User's own acquiring. The Provider does not accept payments on the User's behalf and is not a party to agreements between the User and the User's Clients.
11.3. The User is solely responsible for the quality, delivery and returns of goods, for taxes, and for issuing fiscal receipts to the User's Clients. To issue receipts automatically, the User may connect their own Checkbox cash register in the Service; access data is stored encrypted.
12. Personal data
12.1. By accepting the Agreement, the User consents to the processing of their personal data (name, phone number, payment and usage data) to provide the Service, account for payments, communicate and comply with the law, under the Law of Ukraine “On Personal Data Protection”.
12.2. For personal data of the User's Clients (including photos and names entered during selection), the User is the controller and the Provider is the processor, processing such data only on the User's instructions and to provide the Service.
12.3. The Service uses necessary cookies for signing in, access to protected galleries and saving photo selections.
12.4. The User has the rights provided by Article 8 of the Law of Ukraine “On Personal Data Protection”, including access, correction and deletion of their data, by emailing the Provider.
13. Liability
13.1. The parties are liable for non-performance or improper performance of the Agreement under Ukrainian law.
13.2. The Provider is not liable for the content of materials uploaded by the User, for relations between the User and the User's Clients, or for failures of banks, payment services, telecom operators or Checkbox.
13.3. The Provider's total liability is limited to the amount paid by the User for the last 3 months of using the Service.
14. Force majeure
14.1. The parties are released from liability for non-performance caused by force majeure, including hostilities, martial law, attacks on infrastructure, prolonged power or communication outages, and decisions of authorities.
15. Term, changes and disputes
15.1. The Agreement is in force from acceptance until the User deletes the account or the Service ceases to operate.
15.2. The User may terminate the Agreement by deleting the account or contacting the Provider.
15.3. The Provider may amend the Agreement by publishing a new version on this page and will notify Users of material changes at least 7 days in advance. Continued use of the Service after the new version takes effect means acceptance.
15.4. The Agreement is governed by Ukrainian law. Disputes are resolved by negotiation and, failing agreement, in court under Ukrainian law.
16. Provider details
- Entrepreneur
- ФОП Гладишев Ігор Олександрович
- Tax ID
- 3402907459
- Address
- м. Фастів, Київська область, Україна, 08500
- IBAN
- UA913220010000026007320033711
- Bank
- АТ «УНІВЕРСАЛ БАНК», МФО 322001
- info@momika.com.ua
- Phone
- +380 63 141 16 85