Terms of Use
1. General provisions and definitions
These Terms govern access to and use of Enki — a site builder in Telegram (bot, web editor, hosting of sites on *.enki.build subdomains and on the User’s own domains).
- User (Site Owner) — a person who creates and manages a site through the Service.
- Visitor — a person who opens a site created by a User.
- User Content — any materials (text, images, products, prices, forms, data) the User publishes or generates through the Service.
2. Acceptance and User requirements
By creating a site or otherwise using the Service, the User enters into an agreement on these Terms. If you do not agree, do not use the Service.
The User confirms they are 18 (or 16 with a legal representative’s consent where permitted) and have the right to enter into this agreement. Access is via Telegram; the User is responsible for actions taken through their account.
3. Description of the Service
The Service provides tools to create, edit and publish sites, and their hosting. The Service is provided "as is" and "as available".
The Operator may change, limit or discontinue features (including within pricing plans) and does not guarantee uninterrupted or error-free operation or data retention, except as expressly agreed separately.
The Personal plan is intended solely for personal, non-commercial use (for example, a personal card, portfolio, CV or private event). Using a site for commercial purposes — including selling goods or services, promoting a business or acquiring customers — requires the Business or Business Pro plan. In case of commercial use on the Personal plan, the Operator may ask the User to change plans or limit the relevant features.
4. The Operator’s role — neutral hosting and tools provider
The Operator is a provider of hosting and tools, NOT a publisher or author of User Content. The Operator does not create, select, endorse or control User Content.
Under applicable EU law (in particular Art. 8 of the Digital Services Act (DSA) and the principles of the e-Commerce Directive), the Operator is not obliged to carry out general monitoring of Content. The Operator is not liable for User Content unless it has actual knowledge of its illegality and acts expeditiously to remove it upon a proper notice.
The Operator is not a party to the relationship between a User and their Visitors/customers. All transactions, sales, payments, warranties and claims on a User’s site are solely between the User and their customers.
5. User responsibility for Content
The User bears sole and full responsibility for their Content and their site. The User warrants that:
- they own the Content or hold all necessary rights, licences and permissions (including IP rights, trademarks, image rights of individuals);
- the Content and the site’s activity are lawful and do not breach the Acceptable Use Policy, third-party rights or the law;
- information about goods/services, prices and availability is accurate;
- they comply with consumer-protection, advertising, distance-selling, tax and licensing laws. If the site sells goods/services, the User is the seller and is solely responsible to buyers.
6. Intellectual property
User Content remains the User’s property. The User grants the Operator a non-exclusive, royalty-free licence to host, store, cache, back up and display the Content solely to operate the Service.
The Service and platform (code, design, templates, the Enki brand) belong to the Operator. Copying, decompiling, reselling or creating derivatives of the platform is prohibited without permission.
7. Illegal content — notice and action
You can report allegedly illegal Content or rule violations to [email protected]. A notice must include the URL/description of the Content, an explanation of its illegality, and the reporter’s contact details.
Upon a substantiated notice, the Operator will review it promptly and, where justified, remove or block the Content and/or suspend the site. Knowingly false notices are prohibited.
8. Personal data and privacy (GDPR)
For personal data the User collects via their site (form leads, customer data), the User is the data controller and the Operator is a processor acting on the User’s instructions.
The User-controller must have a lawful basis, their own privacy policy on the site, obtain required consents and comply with the GDPR. The Operator processes the User’s own data as a controller under its Privacy Policy.
9. Acceptable Use Policy (AUP)
It is prohibited to publish Content or conduct activity that:
- breaches applicable law or third-party rights;
- contains child sexual abuse material or any exploitation of minors — zero tolerance, immediate removal and report to authorities;
- is illegal pornography or intimate content without consent;
- incites hatred, violence, terrorism, extremism or discrimination;
- infringes copyright, trademarks or patents (piracy, counterfeit, knock-offs);
- impersonates another person/organisation or violates privacy;
- is fraud, a scam, a financial pyramid, phishing, deceptive advertising or fake reviews;
- distributes malware, exploits, botnets, spam, or circumvents technical limits/plan quotas;
- offers regulated goods without a licence (weapons, drugs, prescription medicines, tobacco/alcohol to minors, gambling).
10. Disclaimer of warranties
To the maximum extent permitted by law, the Service is provided "as is" and "as available", without express or implied warranties of fitness, uninterrupted operation, error-free performance or security. The Operator does not guarantee any results from using a site.
11. Limitation of liability
To the maximum extent permitted by law, the Operator is not liable for User Content and a site’s activity; for indirect, incidental or consequential damages, loss of profit, data or reputation; for third-party acts; or for outages or unavailability of the Service.
- The Operator’s aggregate liability is limited to the amount the User paid for the Service in the 12 months before the event (or a nominal amount for free use).
- Nothing in these Terms limits rights that cannot be limited under mandatory consumer-protection rules.
12. Indemnification
The User shall indemnify and hold the Operator harmless from any claims, damages, fines and costs arising from their Content, the site’s activity, breach of these Terms, the AUP, third-party rights or their data-controller obligations.
13. Suspension and termination
The Operator may suspend or terminate access and delete a site for breaches of the Terms/AUP, at the request of the law, or in case of a security threat. The User may stop using the Service at any time by deleting their sites.
14. Changes to the Terms
The Operator may update these Terms. Material changes will be notified by reasonable means. Continued use after changes take effect constitutes acceptance.
15. Governing law and jurisdiction
These Terms are governed by the law of Ukraine (the Operator’s country), without prejudice to mandatory consumer-protection rules of the User’s country of residence. As the Service is available to users in the EU, the relevant EU rules (DSA, GDPR, e-Commerce Directive) also apply.
Contacts
- General enquiries: [email protected]
- Content complaints / abuse: [email protected]
- Operator: Ruslan Madzhara (individual), Ukraine. Brand "Enki" / enki.build.