Terms of Service (Public Offer Agreement)

1. General Provisions and Seller Details

These Terms of Service ("Terms") constitute a public offer (a public proposal to conclude a contract) addressed to an unlimited number of persons.

The GiveawayOK service ("Service") is a platform for running contests (giveaways) on Instagram. The owner and operator of the Service, as well as the seller (contractor) of the services, is Individual Entrepreneur Нечаєва Галина Григорівна (RNOKPP 1973109344) (hereinafter — the "Contractor", the "Company", "we", "us", or "our"). Full details are provided in the "Contact Information" section.

By accessing or using our Service, you (the "User", "you") agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access the Service.

Our Service is provided to help Instagram creators easily manage their giveaways. We focus on supporting Ukrainian users, while we are happy to welcome creators from around the world, except from the aggressor country, the russian federation, to join our platform.

1.1 Acceptance of the Offer

Acceptance of this offer and full, unconditional agreement with these Terms is deemed to occur upon the User performing any of the following actions:

registering an account on the Service;
making payment for the Service's services;
actually using the functionality of the Service.

From the moment of acceptance, this contract is deemed concluded, and the User is deemed to have read and agreed to these Terms, the Privacy Policy, and the Refund Policy.

2. Description of Service

GiveawayOK is a service that allows users to run Instagram contests using the official Meta API. The Service provides the following functionality:

Connection to an Instagram professional account
Selection of an Instagram post or reel
Configuration of contest rules
Processing of contest data
Random selection of winners

2.1 No Relation to Contests

In accordance with the current legislation of Ukraine, GiveawayOK as a technical service has no relation to the organization, conduct, administration, or management of contests, giveaways, or other promotional events. We provide only a technical tool for data processing and random selection of winners. All responsibility for organizing, conducting, complying with contest rules, determining winners, providing prizes, and complying with all applicable laws and regulations lies entirely with the user who organizes the contest. We are not an organizer, sponsor, or participant of any contests and are not responsible for their conduct or results. The User is solely responsible for fulfilling any tax obligations that may arise in connection with the award of prizes to contest participants.

3. Account Registration and Requirements

3.1 Instagram Professional Account

To use our Service, you must have a valid Instagram professional account. You are responsible for ensuring that your use of the Instagram professional account complies with Instagram's terms of service and other applicable policies.

3.2 Account Information

You must provide accurate, current, and complete information during the registration process and keep your account information up to date.

4. User Responsibilities

4.1 Compliance with Laws and Rules

You are responsible for ensuring that your contests comply with all applicable laws, rules, and regulations of Ukraine and the jurisdictions of your participants, including but not limited to laws relating to promotions, lotteries, and contests.

Special guidance for Ukrainian users: Please ensure compliance with Ukrainian legislation regarding promotions and contests.

4.2 Instagram Rules

You must comply with Instagram's terms of service, community guidelines, and promotion guidelines. We are not responsible for any violations of Instagram's policies resulting from your use of our Service.

4.3 Responsible Use

You agree to use our Service in a manner that does not harm other users or the Service and that respects the rights and privacy of others.

5. Service Provision and Use

5.1 Electronic Service Provision

The service purchased by the user is provided in electronic form. The service becomes available to the user after successful completion of payment for the subscription period or according to the terms of the selected pricing plan.

5.2 Prices and Currency

The cost of services is indicated on the Service's pricing page in the currency specified at the time of placing the order. The current cost of each pricing plan is displayed before payment is made. Payment is made through the payment providers integrated into the Service.

5.3 Agreement to Terms upon Payment and Effective Date

By making payment for services, the user confirms their full and unconditional agreement with these Terms of Service, the Privacy Policy, and the Refund Policy. Payment for the service means the user's acceptance of all terms and their immediate entry into force from the moment of payment confirmation and the granting of access to the service.

The GiveawayOK service is a digital service provided in electronic form. After payment confirmation, access to the service's functionality is granted immediately according to the selected pricing plan.

By making payment, the user gives their express prior consent to the commencement of the provision of the digital service immediately, before the expiry of the 14-day period for withdrawal from the contract, and confirms that they are informed and acknowledge that after the full provision of the digital service (or upon the commencement of its provision with their consent), they lose the right to withdraw from the contract and to a refund in the manner provided for distance contracts, to the extent permitted by the current legislation of Ukraine. This provision does not deprive the user of rights that cannot be limited by law (in particular, in the event of improper provision of the service).

5.4 Access to Services

After successful payment, the user receives access to the services according to the selected pricing plan. The user undertakes to use the service in accordance with the current laws and regulations of Ukraine. The user is responsible for any illegal use of the service.

5.5 Usage Restrictions

The user acknowledges, declares, and undertakes not to use the GiveawayOK services, which are licensed in accordance with the Law of Ukraine "On Copyright and Related Rights", for commercial purposes or to transfer them to third parties, and that the user is not granted any rights that are not explicitly stated in this agreement.

5.6 Use of the Service

By using the functionality of GiveawayOK (in particular, creating giveaways, exporting comments, selecting winners, or other capabilities of the service), the user confirms that the digital service has begun to be provided in accordance with the selected pricing plan.

6. Refunds

Purchased services are digital content and digital services within the meaning of the Law of Ukraine "On Consumer Rights Protection" and the Law of Ukraine "On Digital Content and Digital Services". Since the provision of the digital service begins immediately upon the user's express prior consent (Section 5.3), the right to withdraw from the contract within 14 days is lost with respect to the service already provided, to the extent permitted by the current legislation of Ukraine. This does not limit the consumer's rights in the event of improper provision of the service.

Detailed terms, procedure, and time limits for refunds are set out in the Refund Policy, which is an integral part of these Terms.

7. Plan Access

Plans purchased on or after June 25, 2026 are one-time purchases that grant access for a fixed term (30 or 365 days) without automatic renewal. The procedure for subscriptions created before June 25, 2026 (with automatic renewal), as well as the terms of access under the pricing plans, are set out in detail in the Refund Policy.

8. Data and Privacy

We collect only the data necessary to provide the Service, do not sell it to third parties, and process it in accordance with the current data protection legislation. Full information about the collection, use, and storage of data and your rights is provided in the Privacy Policy, which is an integral part of these Terms.

9. Intellectual Property

9.1 Our Intellectual Property

All intellectual property rights in the Service, including but not limited to software, design, and content, are owned by us or our licensors.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for its intended purpose in accordance with these Terms.

10. Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 No Liability for Contests

IN ACCORDANCE WITH THE CURRENT LEGISLATION OF UKRAINE, WE ARE NOT LIABLE FOR THE ORGANIZATION, CONDUCT, ADMINISTRATION, OR MANAGEMENT OF ANY CONTESTS, GIVEAWAYS, OR OTHER PROMOTIONAL EVENTS. WE ARE NOT AN ORGANIZER, SPONSOR, OR PARTICIPANT OF ANY CONTESTS. ALL RESPONSIBILITY FOR CONTESTS, THEIR RULES, DETERMINING WINNERS, PROVIDING PRIZES, AND COMPLIANCE WITH LEGISLATION LIES ENTIRELY WITH THE USER WHO ORGANIZES THE CONTEST.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.

10.4 Dependency on the Meta API (Instagram)

The operation of the Service is entirely based on the technical capabilities provided by Meta Platforms Inc. The Company is not liable for any inability to provide services or for failures in the operation of the Service that arise as a result of technical changes, restrictions, policy updates, or the closure of access to the API by Meta (Instagram).

11. Changes to Terms

We may modify these Terms from time to time. If we make changes, we will provide notice of such changes as appropriate, such as by posting the revised Terms on our website with a new "Last Updated" date at the bottom of the page. Your continued use of the Service following the effective date of any changes to these Terms constitutes your acceptance of those changes.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the legislation of Ukraine.

13.2 Consumer Rights Protection

If you are a consumer residing in a country whose legislation provides for mandatory (imperative) consumer protection rules, the provisions of these Terms do not deprive you of the protection afforded by such mandatory rules of your country of residence. In particular, for consumers from the European Economic Area and the United Kingdom, the application of Ukrainian law does not deprive them of the protection guaranteed by the mandatory rules of their country of residence.

13.3 Dispute Resolution

For Ukrainian users: Any disputes arising out of or relating to these Terms or the Service shall be resolved through negotiations, and in the event that no agreement is reached — in accordance with Ukrainian legislation and procedures. The consumer also has the right to contact the consumer rights protection authorities.

For international users: Disputes are resolved in accordance with Ukrainian legislation, taking into account the mandatory consumer protection rules of the country of residence (Section 13.2) and the applicable international legal frameworks.

Last Updated: July 05, 2026