PUBLIC OFFER
for the provision of services
Hereby PIRAMIS DEV Limited Liability Company (PIRAMIS DEV LLC), hereinafter referred to as the “Executor”, represented by General Director Dmitry Titkov, acting on the basis of the charter, offers to conclude a service agreement (hereinafter referred to as the Agreement, 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 (Civil Code of the Russian Federation), this Agreement is a Public Offer and contains all the essential terms of the Service Agreement.
1.2. In accordance with clause 3 of Article 438 of the Civil Code of the Russian Federation, payment for services by the Subscriber is an unconditional acceptance of the Public Offer and is considered equivalent to entering into a Contract in writing on the terms set out in this Public Offer.
1.3. The Agreement is considered concluded under the terms of the current Public Offer from the moment the Contractor receives the amount paid by the Subscriber for services in accordance with the procedure provided for in Section 5 of this Agreement.
Acceptance of the offer by the Subscriber is complete and unconditional and means acceptance of all the terms of this Agreement.
1.4. This Agreement 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 capable individuals, individual entrepreneurs and legal entities, hereinafter referred to as the”Subscriber”.
1.6. By entering into this Agreement, the Subscriber confirms that:
– carefully read the text of this Public Offer.
– understands that acceptance of a Public Offer entails the conclusion of a Contract on the terms set out in it in accordance with the provisions of the articles 432, 433, 435, 437, 438, 439, 440 The Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).
– understands and accepts, if it does not agree with any condition of the Public Offer, i.e. refuses to purchase the Contractor’s services under the conditions specified in this Public Offer, this means NON-CONCLUSION of a Service Agreement under the terms of this Public Offer.
1.7. The terms of service offered in accordance with this Public Offer fully comply with 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 Civil Code of the Russian Federation, nor do they contain other conditions that are clearly burdensome for the Subscriber. The services specified in the Public Offer are not imposed on the Subscriber.
2. Subject of the Agreement
2.1. Under this Agreement, the Contractor provides for a fee the services or service specified in clause 2.2. of this Agreement and selected by the Subscriber, and the Subscriber undertakes to pay for the services provided.
2.2. The Contractor provides the following services under the Agreement (hereinafter referred to as the services):
– Selling your @ChatKeeperBot subscription.
– Selling ads in the bot’s greeting.
2.3. Selling your @ChatKeeperBot subscription
2.3.1. ChatKeeperBot –is a multifunctional moderator bot for Telegram chats, groups, and forums (also referred to as the chatbot).
With the help of ChatKeeperBot, you can not only close the tasks of moderation and chat management, but also engage in its development.
ChatKeeperBot is designed for different levels of tasks that administrators face.
ChatKeeperBot fights spam, fraud, and unwanted content in the Telegram chat, has functions to increase the activity of participants (rating, points, achievements), and uses artificial intelligence to solve various tasks in chats, groups, and forums in Telegram.
2.3.2. The list of services provided under the @ChatKeeperBot subscription depends on the tariff chosen by the Subscriber. Types of tariffs and their full description can be found on the Contractor’s website at: https://docs.chatkeeper.app/ru/instruction/tariff-difference.html.
2.3.3. An individual Subscriber is granted a chatbot subscription when payment for it is received to the Contractor’s current account in accordance with Section 4 of this Agreement.
The subscriber-organization and individual entrepreneur-is granted a chatbot subscription within 7 (seven) calendar days from the date of receipt of payment for it to the Contractor’s current account in accordance with Section 4 of this Agreement.
2.3.4. The subscription service is considered to have been provided at the time of granting access to the chatbot.
2.4. Selling ads in the bot’s welcome message
2.4.1.A Telegramsmall advertising message (hereinafter referred to as an advertising message) is embedded in the bot’s messages in the Telegram group.
2.4.2. The text of the advertising message is compiled by the Subscriber independently. The Subscriber is solely responsible for the content and accuracy of the information contained in the advertising message.
2.4.3.The Subscriber is responsible for marking ads in accordance with the requirements of the legislation of the Russian Federation.
The Contractor is not responsible for the content of the advertising message and for non-fulfillment and/or improper fulfillment by the Subscriber of the obligation to mark advertising.
2.4.4. The service of selling advertising in the bot’s greeting is considered to have been provided 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 operation, continuity, reliability, or speed of the chatbot.
– The Subscriber does not have the right to demand that the Contractor correct errors and bring the chatbot in accordance with its requirements.
2.6. The Contractor does not compensate the Subscriber for losses related to the inability to use the chatbot or unauthorized access to the chatbot administration or the Subscriber’s device.
2.7. The Subscriber is prohibited from:
– use the chatbot in ways that are not directly provided for in this Agreement and the chatbot functionality.
– take any actions aimed at disrupting the normal functioning of the chatbot, including spamming or sending malicious links and programs to the chatbot.
– copy, make changes, prepare derivative materials, decompile, analyze using a disassembler or try to find out the source code, or otherwise violate the rights of the chatbot’s Copyright holder.
– impersonate another person or their representative without having the right to do so.
– attempt to gain access to other subscribers ‘ information in any way, including by deception, breach of trust, or hacking.
2.8. The procedure for working with the chatbot is set out in the Instructions posted on the Contractor’s website at: https://docs.chatkeeper.app/ru/instruction (hereinafter-Instructions).
2.9. The Subscriber has the right to ask questions about the work of the chatbot in Support of @ChatKeeperBot on the Contractor’s website at https://t.me/ChatKeeperBotSupport or via a dedicated feedback bot https://t.me/PiramisSupportBot.
Subscribers-organizations and individual entrepreneurs have the right to ask questions at the email address support@chatkeeper.app. When sending a question to the email address, the Subscriber is not identified. If you need to identify the Subscriber, the question is redirected to the chatbot at https://t.me/PiramisSupportBot.
2.10. The Services are considered to have been rendered in full and properly, if the Subscriber has not received a reasonable complaint in writing within 3 (three) calendar days from the date of rendering the services. The parties agreed that aService Delivery Certificate is not required.
3. Rights and obligations of the parties
3.1. The Contractor may:
3.1.1. unilaterally make changes to the User Manual without additional notice to the Subscriber.
3.1.2. at any time change this Agreement unilaterally, without prior agreement 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 Agreement.
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 Agreement;
3.3.2. promptly provide the Subscriber with all the information necessary to receive the service and fulfill its obligations under the Agreement;
3.3.3. promptly notify the Subscriber of the existence and / or occurrence of circumstances that prevent the fulfillment of obligations assumed by the Contractor.
3.3.4. observe the confidentiality of this Agreement and information obtained during the provision of services.
3.4. The Subscriber must:
3.4.1. timely pay the cost of services in the amount and in accordance with the procedure established by this Agreement, as well as provide the Contractor, upon request, with payment documents confirming such payment;
3.4.2. independently ensure the technical possibility of receiving the Contractor’s services from its own side;
3.4.3. not disclose confidential information and other data provided by the Contractor in connection with the performance of this Agreement;
3.4.4. independently monitor changes to this Agreement and other documents referred to in this Agreement.
4. Service price and payment procedure
4.1. The cost of the Contractor’s services under the Agreement is determined in accordance with the tariff chosen by the Subscriber and the period of service provision.
A description of each tariff and its price can be found on the Contractor’s website on the Internet at: https://docs.chatkeeper.app/ru/instruction/tariff-difference.html.
The service delivery period is determined by the Subscriber by selecting the service delivery period on the Contractor’s website.
The ad placement period is 1 (one) day from the moment when the ad 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 Agreement, 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 fee for accepting and transferring funds.
4.3. The Subscriber pays for the services on a 100% prepayment basis.
4.4. Payments under the Agreement are made in a non-cash manner by transferring funds to the Contractor’s current account.
Payment for services can 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 payment obligation is considered fulfilled at the moment of receipt of funds to the correspondent account of the Contractor’s bank.
5. Liability of the Parties
5.1. In case of non-performance or improper performance of their obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation and the terms of this Agreement.
The Contractor’s liability under this Agreement is limited to the cost of the service provided, paid for by the Subscriber.
5.2. The party whose right is violated may claim full compensation for the losses caused to it, unless the law provides for compensation for losses in a smaller amount.
5.3. The Contractor is not responsible for the inability to provide services to the Subscriber for reasons beyond the control of the Contractor, namely: disruption of the Internet, equipment or software by the Subscriber. In this case, the services are considered to have been rendered properly and are subject to payment in full.
5.4. The parties are not liable for non-performance or improper performance of their obligations under the Agreement, if this non-performance or improper performance is caused by force majeure (force majeure), that is, extraordinary and unavoidable circumstances under these conditions, which the parties could neither foresee nor prevent by reasonable measures, provided that the following conditions are met:
5.5. In the event of force majeure, the Party that discovered such circumstances is obliged to inform the other Party to the Agreement no later than 3 (three) calendar days from the date of discovery of such circumstances.
5.6. The Parties undertake to make a decision on the procedure for executing the Agreement and its validity in the event of continuing force majeure circumstances. If they last for more than 30 days, either Party has the right to refuse to perform the Contract.
6. Privacy Policy
6.1. None of the Parties under this Agreement may, without the prior written consent of the other Party, disclose to third parties and / or publish and / or allow the publication of information that was provided by one of the Parties in connection with the provision of services under this Agreement, or became known to one of the Parties due to the performance of obligations under this Agreement, or was lawfully created by one of the Parties due to the fulfillment of obligations under this Agreement. For the purposes of this paragraph, information means information about the Parties and terms of this Agreement, about the forms and methods of fulfillment by the Parties of their obligations under this Agreement, about the relations of the Parties in the course of fulfillment of obligations under this Agreement, as well as information about the state of financial and economic activities or property of any of the Parties.
6.2. The obligations assumed by the Subscriber and the Contractor to respect the confidentiality or non-use of information obtained during the provision of services under this Agreement 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 in this Agreement do not apply to the provision of information to State bodies in cases stipulated by the current legislation of the Russian Federation.
7. Dispute resolution
7.1. All disputes arising between the parties under the Agreement or in connection with it are subject to transfer for resolution to the court at the location of the Contractor in accordance with the current legislation of the Russian Federation.
7.2. Prior to filing a claim arising out of the Agreement, a Party that believes that its rights have been violated must send a written claim to the other Party. The party that received the claim must review it and send a response to the claim no later than 15 (fifteen) calendar days from the date of its receipt.
8. Other assurances of the Parties
8.1. The Parties mutually assure that they have all the rights and powers to conclude and execute the Contract, and that they are not aware of any circumstances that prevent this.
8.2. Conclusion of the Agreement for the Parties is voluntary and not burdensome.
8.3. The chatbot is the intellectual property of the Contractor and is subject to protection in accordance with the terms of this Agreement, Russian and international copyright legislation.
8.4. By accepting this Agreement, the Subscriber confirms that he / she has been informed about the terms of service provision, terms of performance and termination of the Agreement.
8.5. If the Subscriber is a natural person, then as a subject of personal data, in the terms established by the norms of Federal Law No. 152-FZ of 27.07.2006 “On Personal Data”, gives consent to the processing, storage, 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 fulfilling the Contractor’s obligations under the Agreement.
9. Final provisions
9.1. Legally significant messages (letters, notifications, messages) sent by the Parties to the Agreement via e-mail to the addresses indicated on the Contractor’s website on the Internet and in the Personal Data of the Subscriber specified during registration are considered to be sent accordingly and are subject to application along with correspondence sent by mail.
9.2. For the purpose of operational document flow for the execution of the Agreement, the following procedure for exchanging legally significant messages via e-mail is established:
* Legally significant messages sent/received by the Parties to e-mail addresses are considered to be sent by the addressee – a Party to the Agreement (the sender of the e-message) and received by the addressee-a Party to the Agreement (the recipient of the e-message);
* Acceptance of legally significant messages by way of execution is a confirmation of receipt of the corresponding electronic messages;
* Messages, claims, notifications, including those related to the termination of the Contract, sent by e-mail, 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 by e-mail are sent by the Contractor itself or by persons authorized by it (the indication in the signature of the message to a different name of the signatory does not have a legal role – when sending legally significant messages related to the Agreement, these messages are considered sent by the Contractor itself), the Contractor is responsible for managing the message itself and the Contractor bears all risks and consequences associated with access to its mail by any third parties, while the Subscriber is relieved of the burden of proving the identity of the sender of the message and the correspondence of the message text 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 himself, while: the Subscriber manages the email itself and the Subscriber bears all risks and consequences associated with access to its mail by any third parties, while the Contractor is relieved of the burden of proving the identity of the sender of the message and whether the message text at the Subscriber’s will.
* When changing the e – mail address, the Subscriber must immediately notify the Contractor about this change-otherwise, the Subscriber bears the risk of adverse consequences associated with the change of address, and messages sent by the Contractor to the “old” address are considered to have been sent correctly/received by the Subscriber.
9.3. In all cases not provided for in this Agreement, the Parties are guided by the current legislation.
9.4. Neither Party will transfer its rights and obligations under the Agreement without the prior written consent of the other Party.
10. Contractor’s banking details
PIRAMIS DEV LLC
TIN 2315239318,
KPP 231501001,
OGRN 1252300017210,
Bank KRASNODAR BRANCH N8619 SBERBANK PJSC,
K / s: 30101810100000000602,
BIC: 040349602