Legal

Public offer agreement

Terms for services around the Mistok software: turnkey installation, monthly support and managed hosting. The software itself is open source (MIT) and free.

Template. This is a model text for you to adapt. Have a lawyer review it before publishing and fill in every bracketed field — [PROVIDER NAME], registration details, contacts. Version dated [DATE].

1. Definitions 2. Subject 3. Conclusion 4. Prices and payment 5. Rights and obligations 6. Liability 7. Confidentiality 8. Term 9. Changes 10. Provider details

1. Definitions

Provider: [PROVIDER NAME] — a sole proprietor or company whose details are stated in the invoice and in section 10.
Client: A natural or legal person who has accepted this offer and owns or operates a Shopify store.
Mistok software: Open-source software distributed under the MIT license that connects Shopify to payment providers. It is not sold under this agreement.
Instance: A running copy of the Mistok software on the Client’s server or on the Provider’s server (for the Hosting service).
PSP: A payment service provider (bank, acquirer, aggregator) with which the Client has its own contract: monobank, LiqPay, WayForPay, Przelewy24, PayU, Stripe and others.

2. Subject

2.1. The Provider renders and the Client pays for one or more of the following services:

Turnkey installation — a one-off deployment of an instance on the Client’s server (VPS, droplet, Docker host), connection of the selected PSPs, fiscal receipts, reminders and the Telegram bot, Shopify configuration and a test payment run.
Support — a monthly subscription: updates to current versions, webhook monitoring, consultations in Telegram, fixing integration failures, help when PSP or Shopify APIs change.
Hosting — a managed instance on the Provider’s infrastructure: server, a subdomain or the Client’s CNAME, TLS, backups, updates and monitoring.

2.2. The Mistok software is provided under the MIT license free of charge, independently of this agreement. The Client may install, modify and use the software at any time without the Provider’s services.

2.3. The Provider is not a payment institution and does not accept or transfer buyers’ funds. Payments flow directly between the buyer, the PSP and the Client’s account under the Client’s contract with the PSP.

3. Conclusion of the agreement

3.1. The Client submits a request through the website form or a messenger. The Provider issues an invoice stating the service, scope and price.

3.2. Payment of the invoice, in full or in part, constitutes acceptance of this offer. The agreement is concluded on the terms of this offer and the invoice from the moment funds are received.

3.3. For Support and Hosting, each subsequent paid invoice extends the agreement for the corresponding period.

3.4. A separate written contract is concluded at the Client’s request; in case of discrepancy the written contract prevails.

4. Prices and payment

4.1. Indicative prices are published on the Pricing page. The final price is fixed in the invoice.

4.2. Turnkey installation is paid once, before work starts, unless the invoice states otherwise. Support and Hosting are paid monthly in advance.

4.3. The Provider takes no percentage of turnover and no fee on payments. Fees of PSPs, Shopify, the Client’s hosting provider, SMS gateways and other third parties are paid by the Client under its own contracts.

4.4. Settlement currency, taxes and payment method are stated in the invoice. [SPECIFY: VAT status, tax regime.]

4.5. Turnkey installation is non-refundable once the work is complete; unused Support or Hosting periods are refunded pro rata by mutual agreement.

5. Rights and obligations

Provider

renders the services in the scope stated in the invoice within the timeframe agreed with the Client;
uses the credentials received solely to render the services and does not pass them to third parties;
notifies the Client of material changes in the software, PSP or Shopify APIs that affect the instance;
for Hosting — keeps backups on the schedule stated in the privacy policy and hands the Client a data export when the service ends;
may refuse service if the Client’s store violates Shopify or PSP terms or applicable law.

Client

grants access to the server, Shopify Admin (a custom app with minimal scopes) and PSP dashboards to the extent required for the work;
concludes contracts with PSPs on its own and is responsible for fiscal receipts, refunds to buyers and compliance with Shopify rules;
pays invoices on time and answers the Provider’s questions needed to render the services;
rotates passwords and tokens shared with the Provider after installation if it does not use Support.

6. Liability

6.1. The Mistok software is provided “as is” under the MIT license, without warranty of any kind. The Provider is not liable for damage caused by the software to the extent permitted by law.

6.2. The Provider is not responsible for actions and decisions of PSPs and Shopify: acquiring refusals, payout delays, store suspension, tariff or API changes.

6.3. The Provider has no access to buyers’ funds and bears no responsibility for the Client’s payment operations, refunds or fiscal obligations.

6.4. The Provider’s aggregate liability under this agreement is limited to the amount paid by the Client for the last [3] months of the relevant service.

6.5. The parties are released from liability for non-performance caused by force majeure, including hostilities, power and connectivity outages.

7. Confidentiality and data

7.1. Credentials, commercial information, buyer and order data are confidential. The Provider processes personal data of the Client’s buyers only as a processor on the Client’s instructions and within the privacy policy.

7.2. For Hosting, instance data is stored on the Provider’s servers in [COUNTRY/DATA CENTER]; the Client may obtain a full copy of the database at any time.

7.3. Confidentiality obligations apply for the term of the agreement and [3] years after its termination.

8. Term and termination

8.1. For Turnkey installation the agreement runs until an acceptance act is signed or the Client confirms a successful test payment (in a messenger or by email).

8.2. Support and Hosting run month to month and end if the next invoice is not paid within [7] days after the paid period expires. For Hosting the instance is stopped and data is retained for [14] more days for export, then deleted.

8.3. Either party may terminate the agreement with [14] days’ notice.

9. Changes to the offer

9.1. The Provider may change the offer by publishing a new version on this page with its date. Periods already paid are governed by the version in force at the time of payment.

9.2. Continued use of the services after a new version is published constitutes acceptance of it.

9.3. This agreement is governed by the law of [PROVIDER’S COUNTRY]. Disputes are resolved by negotiation and, failing that, in the court at the Provider’s registered seat.

10. Provider details

Name: [PROVIDER NAME]
Registration / tax number: [STATED IN THE CONTRACT AND INVOICE]
Address: [STATED IN THE CONTRACT AND INVOICE]
Bank account: [STATED IN THE INVOICE]
Contacts: [EMAIL] · [TELEGRAM]

The sole proprietor’s or company’s details are stated in the contract and in every invoice. This page is not an offer until section 10 is completed.

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