PUBLIC OFFER

Hereby, the Limited Liability Company "PIRAMIS DEV" (OOO "PIRAMIS DEV"), hereinafter referred to as the "Contractor", represented by General Director Titkov Dmitry Igorevich, acting on the basis of the charter, offers to conclude a contract for the provision of services (hereinafter – the Contract, Public Offer) on the terms set out below.

1. General Provisions

1.1. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (CC RF), this Contract is a Public Offer and contains all the essential terms of the Contract for the provision of services.

1.2. In accordance with paragraph 3 of Article 438 of the CC RF, payment for services by the Subscriber constitutes unconditional acceptance (acceptance) of the Public Offer and is considered equivalent to the conclusion of the Contract in written form on the terms set out in this Public Offer.

1.3. The Contract is considered concluded on the terms of the effective Public Offer from the moment the Contractor receives the amount paid by the Subscriber for services in the manner prescribed by Section 5 of this Contract.

Acceptance of the offer by the Subscriber is complete and unconditional and signifies agreement with all terms of this Contract.

1.4. This Contract is an official document of the Contractor and is published on the Contractor's website on the Internet at: https://chatkeeper.app/ru/public-offer.

1.5. This offer is addressed to any adult and legally capable individuals, individual entrepreneurs, and legal entities, hereinafter referred to as the "Subscriber".

1.6. By concluding this Contract, the Subscriber confirms that:

— they have carefully read the text of this Public Offer;

— they understand that acceptance of the Public Offer entails the conclusion of the Contract on the terms set out therein in accordance with the norms of Articles 432, 433, 435, 437, 438, 439, 440 of the Civil Code of the Russian Federation (hereinafter – the CC RF);

— they understand and accept that if they disagree with any term of the Public Offer, i.e., refuse to purchase the Contractor's services on the terms specified in this Public Offer, this means NON-CONCLUSION of the Contract for the provision of services on the terms of this Public Offer.

1.7. The terms of service provision offered in accordance with this Public Offer fully correspond to the will, needs, and requirements of the Subscriber.

1.8. The Public Offer accepted by the Subscriber and the Contract concluded on its basis do not contain the conditions specified in paragraph 2 of Article 428 of the CC RF, nor do they contain any other conditions clearly burdensome for the Subscriber. The services specified in the Public Offer are not imposed on the Subscriber.

1.9. By concluding this Contract, the Subscriber grants the Contractor the right to use their logo on the Contractor's website in the list of the company's clients.

2. Subject of the Contract

2.1. Under this Contract, the Contractor, for a fee, provides the services or service specified in paragraph 2.2. of this Contract and selected by the Subscriber, and the Subscriber undertakes to pay for the services rendered.

2.2. The Contractor provides the following services under the Contract (hereinafter – services):

— Sale of @ChatKeeperBot subscription;

— Sale of advertising in the bot's greeting.

2.3. Sale of @ChatKeeperBot subscription

2.3.1. ChatKeeperBot is a multifunctional moderator bot for Telegram chats, groups, and forums (hereinafter also – chat bot).
With the help of ChatKeeperBot, it is possible not only to handle moderation and chat management tasks but also to develop the chat.

ChatKeeperBot is designed for different levels of tasks that administrators face.

ChatKeeperBot combats spam, artificial inflation, and unwanted content in Telegram chats, has functions for increasing participant activity (rating, points, achievements), and uses artificial intelligence to solve various tasks of Telegram chats, groups, and forums.

2.3.2. The list of services within the @ChatKeeperBot subscription depends on the tariff chosen by the Subscriber. The types of tariffs and their full description are posted on the Contractor's website at: https://docs.chatkeeper.app/ru/instruction/tariff-difference.html.

2.3.3. To a Subscriber who is a physical person, the chat bot subscription is provided at the moment payment for it is received to the Contractor's settlement account in accordance with Section 4 of this Contract.

To a Subscriber who is an organization or individual entrepreneur, the chat bot subscription is provided within 7 (seven) calendar days from the moment payment for it is received to the Contractor's settlement account in accordance with Section 4 of this Contract.

2.3.4. The service for providing the subscription is considered rendered at the moment access to the chat bot is provided.

2.4. Sale of advertising in the bot's greeting

2.4.1. A small advertising message (hereinafter – advertising message) is embedded in the bot's messages in the Telegram group.

2.4.2. The text of the advertising message is composed by the Subscriber independently. The Subscriber independently bears responsibility for the content and accuracy of the information contained in the advertising message.

2.4.3. The obligation to mark advertising in accordance with the requirements of the legislation of the Russian Federation is imposed on the Subscriber.

The Contractor is not responsible for the content of the advertising message or for the failure and/or improper performance by the Subscriber of the obligation to mark advertising.

2.4.4. The service for the sale of advertising in the bot's greeting is considered rendered from the moment the advertising message is placed in the Subscriber's Telegram group.

2.5. The Subscriber uses @ChatKeeperBot on an "As is" basis, which means:

— The Contractor does not guarantee the uninterrupted, continuous, reliable, and fast operation of the chat bot;

— The Subscriber has no right to demand from the Contractor the correction of errors or bringing the chat bot into compliance with their requirements.

2.6. The Contractor does not compensate the Subscriber for losses related to the inability to use the chat bot or unauthorized access to the administration of the chat bot or the Subscriber's device.

2.7. The Subscriber is prohibited from:

— using the chat bot in ways not directly provided for by this Contract and the functionality of the chat bot;

— taking any actions aimed at disrupting the normal functioning of the chat bot, including spamming or sending malicious links and programs to the chat bot. It is prohibited to use the bot for actions contrary to the rules of the platform on which the bot operates. For example, for artificial inflation or inviting participants/subscribers;

— copying, modifying, preparing derivative materials, decompiling, analyzing with a disassembler, or attempting to find out the source code, or in any other way violating the rights of the Contractor — the copyright holder of the chat bot;

— impersonating another person or their representative without the right to do so;

— attempting to obtain access to information of other subscribers by any means, including by deception, abuse of trust, or hacking.

2.8. The procedure for working with the chat bot is fixed in the Instruction posted on the Contractor's website at: https://docs.chatkeeper.app/ru/instruction (hereinafter — the Instruction).

2.9. The Subscriber has the right to ask questions about the chat bot's operation via Support @ChatKeeperBot on the Contractor's website at https://t.me/ChatKeeperBotSupport or via the special feedback bot https://t.me/PiramisSupportBot.

Subscribers who are organizations and individual entrepreneurs have the right to ask questions via email at support@chatkeeper.app. When sending a question via email, the Subscriber is not identified. If identification of the Subscriber is necessary, the question is redirected to the chat bot at https://t.me/PiramisSupportBot.

2.10. Services are considered rendered in full and properly if, within 3 (three) calendar days from the moment of service provision, no substantiated claims have been received from the Subscriber in writing. The Parties have agreed that execution of a Certificate of Services Rendered is not required.

3. Rights and Obligations of the Parties

3.1. The Contractor has the right to:

3.1.1. unilaterally, without additional notification to the Subscriber, make changes to the Instruction;

3.1.2. at any time change this Contract unilaterally, without prior coordination with the Subscriber, including but not limited to the types of tariffs and the cost of services;

3.1.3. provide services both personally and with the involvement of third parties.

3.2. The Subscriber has the right to:

3.2.1. use the Contractor's services in accordance with the terms of this Contract;

3.2.2. prematurely cancel the @ChatKeeperBot subscription.

3.3. The Contractor is obliged to:

3.3.1. provide the services paid for by the Subscriber in accordance with the terms of this Contract;

3.3.2. timely provide the Subscriber with all information necessary for receiving the service and for the Subscriber's fulfillment of their obligations under the Contract;

3.3.3. timely notify the Subscriber of the existence and/or occurrence of circumstances preventing the fulfillment of obligations assumed by the Contractor;

3.3.4. maintain the confidentiality of this Contract and information received in the course of providing services.

3.4. The Subscriber is obliged to:

3.4.1. timely pay the cost of services in the amount and manner determined by this Contract, and also provide the Contractor, upon their request, with payment documents confirming such payment;

3.4.2. independently ensure the technical possibility of receiving the Contractor's services on their part;

3.4.3. not disclose confidential information and other data provided by the Contractor in connection with the performance of this Contract;

3.4.4. independently monitor changes to this Contract and other documents referenced in this Contract.

4. Price of Services and Payment Procedure

4.1. The cost of the Contractor's services under the Contract is determined in accordance with the tariff chosen by the Subscriber and the term of service provision.

The description of each tariff and its cost are posted on the Contractor's website on the Internet at: https://docs.chatkeeper.app/ru/instruction/tariff-difference.html.

The term of service provision is determined by the Subscriber by selecting the term of service provision on the Contractor's website.

The term for placing the advertising message is 1 (one) day from the moment the advertising message is placed in the Subscriber's Telegram group.

4.2. The cost of services includes all expenses of the Contractor related to the provision of services under this Contract, as well as taxes, fees, and other mandatory payments provided for by the current legislation of the Russian Federation.

The cost of services does not include the amount of the bank's commission for receiving and transferring funds.

4.3. The Subscriber pays for services on the terms of 100% prepayment.

4.4. Settlements under the Contract are carried out by bank transfer by transferring funds to the Contractor's settlement account.
Payment for services may be made to the bank details of a third party if such details are specified in the invoice issued by the Contractor.

4.5. The Subscriber's obligation to pay is considered fulfilled at the moment funds are received to the correspondent account of the Contractor's bank.

4.6. In case of early cancellation by the Subscriber of the @ChatKeeperBot subscription, the cost of paid services is returned to the Subscriber in accordance with the Terms of Use posted on the Contractor's website at: https://chatkeeper.app/ru/terms-of-use/.

5. Liability of the Parties

5.1. In case of non-performance or improper performance of their obligations under this Contract, the Parties bear liability in accordance with the current legislation of the Russian Federation and the terms of this Contract.

The Contractor's liability under this Contract is limited to the cost of the service rendered paid by the Subscriber.

5.2. The Party whose right has been violated may demand full compensation for the losses caused to it, unless the law provides for compensation of losses in a lesser amount.

5.3. The Contractor is not responsible for the impossibility of providing services to the Subscriber for reasons beyond the Contractor's control, namely: disruption of the Internet, equipment, or software on the Subscriber's side. In this case, services are considered rendered properly and subject to payment in full.

5.4. The Parties are not liable for non-performance or improper performance of their obligations under the Contract if such non-performance or improper performance is due to force majeure circumstances, i.e., extraordinary and unavoidable circumstances under the given conditions that the parties could neither foresee nor prevent by reasonable measures, subject to the following conditions:

5.5. In the event of force majeure circumstances, the Party that discovered such circumstances is obliged to notify the other Party to the Contract thereof no later than 3 (three) calendar days from the date of discovery of such circumstances.

5.6. The Parties undertake to decide on the procedure for performing the Contract and its validity under ongoing force majeure circumstances. If such circumstances last more than 30 days, either Party has the right to withdraw from the Contract.

6. Confidentiality

6.1. Neither Party to this Contract may, without the prior written consent of the other Party, disclose to third parties and/or publish and/or permit the publication of information that was provided by one of the Parties in connection with the provision of services under this Contract, or became known to one of the Parties by virtue of the performance of obligations under this Contract, or was lawfully created by one of the Parties by virtue of the performance of obligations under this Contract. For the purposes of this clause, information means information about the Parties and the terms of this Contract, about the forms and methods of the Parties' performance of their obligations under this Contract, about the relations of the Parties in the course of performing obligations under this Contract, as well as information about the financial and economic activities or property of either Party.

6.2. The obligations assumed by the Subscriber and the Contractor to maintain confidentiality or not to use information received in the course of providing services under this Contract do not apply to publicly available information or information that becomes known to third parties through no fault of the Party that received the relevant information.

6.3. The obligations to ensure the confidentiality of information provided for by this Contract do not apply to the provision of information to state bodies in cases provided for by the current legislation of the Russian Federation.

7. Dispute Resolution

7.1. All disputes arising between the parties within the framework of the Contract or in connection with it shall be referred for resolution to the court at the location of the Contractor in accordance with the current legislation of the Russian Federation.

7.2. Before filing a claim arising from the Contract, the Party that believes its rights have been violated is obliged to send the other Party a written claim. The Party that received the claim is obliged to consider it and send a response to the claim no later than 15 (fifteen) calendar days from the moment of its receipt.

8. Other Representations of the Parties

8.1. The Parties mutually represent that they possess all rights and powers to conclude and perform the Contract and that they are not aware of any circumstances preventing this.

8.2. The conclusion of the Contract for the Parties is voluntary and not burdensome.

8.3. The chat bot is the intellectual property of the Contractor and is subject to protection in accordance with the terms of this Contract, Russian and international copyright legislation.

8.4. By accepting this Contract, the Subscriber confirms that they are informed about the terms of service provision, the terms of performance and termination of the Contract.

8.5. If the Subscriber is a physical person, then as a subject of personal data, in the concepts established by the norms of Federal Law No. 152-FZ of 27.07.2006 "On Personal Data", they consent to the processing, storage, and transfer of their personal data.

8.5.1. The Contractor guarantees that the Subscriber's personal data will be used exclusively for the purpose of the Contractor's fulfillment of their obligations under the Contract.

9. Final Provisions

9.1. Legally significant messages (letters, notifications, messages) sent by the Parties to the Contract via email to the addresses specified on the Contractor's website on the Internet and in the Subscriber's Personal Data specified during registration are considered sent properly and are subject to application along with correspondence sent by postal communication.

9.2. For the purposes of prompt document flow for the performance of the Contract, the following procedure for the exchange of legally significant messages via email is established:

  • Legally significant messages sent/received by the Parties to the email addresses are considered sent by the sender-Party to the Contract (sender of the electronic message) and received by the addressee-Party to the Contract (recipient of the electronic message);
  • Acceptance of legally significant messages by performance is confirmation of receipt of the relevant electronic messages;
  • Messages, claims, notifications, including those related to the termination of the Contract, transmitted by email, have full legal force for the Parties.
  • Any message sent from the Contractor's email domain is considered a legally significant message sent by the Contractor. The Contractor confirms that letters received by the Subscriber from the Contractor's domain via email are sent by the Contractor itself or by persons authorized by it (indicating in the message signature a different name of the signatory person has no legal role — when sending legally significant messages related to the Contract, such messages are considered sent by the Contractor itself), while: the email is managed by the Contractor itself and the Contractor bears all risks and consequences associated with access to its mail by any third parties, while the Subscriber is released from the burden of proving the identity of the sender of the message and the correspondence of the text of the message to the actual will of the Contractor.
  • Any message sent from the Subscriber's email address (specified during registration) is considered a legally significant message sent by the Subscriber. The Subscriber confirms that messages received by the Contractor from the Subscriber's email address are sent by the Subscriber themselves, while: the email is managed by them and the Subscriber bears all risks and consequences associated with access to their mail by any third parties, while the Contractor is released from the burden of proving the identity of the sender of the message and the correspondence of the text of the message to the actual will of the Subscriber.
  • When changing the email address, the Subscriber is obliged to immediately notify the Contractor of this change — otherwise the Subscriber bears the risk of adverse consequences associated with the change of address, while messages sent by the Contractor to the "old" address are considered sent correctly/received by the Subscriber.
9.3. In all cases not provided for by this Contract, the Parties are guided by the current legislation.

9.4. Neither Party shall transfer its rights and obligations under the Contract without the prior written consent of the other Party.

10. Contractor's Details

LLC "PIRAMIS DEV"

TIN 2315239318,

TRRC 231501001,

PSRN 1252300017210,

Bank KRASNODAR BRANCH N8619 PAO SBERBANK,

Cor. Account: 30101810100000000602,

BIC: 040349602
Limited Liability Company «PIRAMIS DEV»
Tel.: +7 (918) 141-59-26
TIN: 2315239318
PSRN: 1252300017210
LLC «PIRAMIS DEV» is engaged in the development of "ChatKeeperBot" software.