Russian Federation, Krasnodar Krai, Novorossiysk
Date of publication: 03.02.2021
ATTENTION, IF THE USER WHO CONSUMES THE SERVICES PROVIDED THROUGH THE CHATKEEPER. APP SITE INTERFACES IS:
(1) AN INDIVIDUAL REGISTERED IN THE TERRITORY OF THE RUSSIAN FEDERATION; OR
(2) ANY PERSON WHO IS NOT A RESIDENT OF THE RUSSIAN FEDERATION, IN ACCORDANCE WITH FEDERAL LAW NO. 173-FZ OF 10.12.2003 (AS AMENDED)
THE TERMS OF THIS DOCUMENT SET OUT BELOW DO NOT APPLY TO YOU. APPLICABLE TERMS AND CONDITIONS, LOCATED AT: https://chatkeeper.app/fin-docs
This Agreement (hereinafter referred to as the “PS”) is concluded between Dmitry Igorevich Titkov, an individual entrepreneur registered and operating under the laws of the Russian Federation (hereinafter referred to as the “Contractor”), and YOU, since you are:
A legal entity-a Customer of Services registered in the territory of the Russian Federation in the person of a duly authorized person (hereinafter referred to as the “User”) who has expressed a desire to receive Services using the CHATKEEPER SITE interfaces.APP;
A separate subdivision of a foreign legal entity-a Customer of Services registered in the territory of the Russian Federation in the person of a duly authorized person (hereinafter referred to as the “User”) who has expressed a desire to receive Services using the CHATKEEPER WEBSITE interfaces.APP;
An individual Entrepreneur-a Customer of Services registered in the territory of the Russian Federation in the person of a duly authorized person (hereinafter referred to as the “User”) who has expressed a desire to receive Services using the CHATKEEPER.APP WEBSITE interfaces.
By paying for the paid functionality of the Service, you express your unequivocal consent, in accordance with the provision of clause 2.5 of this PS, to conclude an Agreement with the Contractor on the terms set out below, and also accept these terms unconditionally, guaranteeing and stating that:
a) YOU have the right, in accordance with the current legislation of the Russian Federation, to conclude a PS and there is nothing that would limit YOUR legal capacity and / or YOUR powers (as the Customer and / or the Customer’s representative, if applicable);
b) YOU (as the Customer and/or the Customer’s representative, if applicable) are not subject to the sanctions of the Russian Federation, the European Union, the United States, the United Kingdom, as well as sanctions supported by these states.
PLEASE READ THIS DOCUMENT, WHICH APPLIES TO YOU, CAREFULLY IN ORDER TO RECEIVE THE SERVICES THROUGH THE CHATKEEPER.APP WEBSITE INTERFACES, located at: https://chatkeeper.app/ and other subdomains.
If YOU have any questions regarding this Agreement, please send YOUR request to the following address: email@example.com
1. Terms and definitions.
1.1. The following terms are introduced for the purposes of this Agreement and are used in the following meanings:
An avatar is a graphical representation of a User, a two-dimensional image (icon) in web forums, messengers, chats, portals, blogs, and social networks. The main purpose of the Avatar is a public graphical representation of the User.
Authorization – granting a certain person or group of persons the right to perform certain actions; as well as the process of verifying (confirming) these rights when attempting to perform these actions. This means that some person is “authorized” to perform this operation – and means that he has the right to it.
A Bot Administrator is a User, a Chat participant, who MAY NOT BE a Chat Administrator, but who has access to the CHATKEEPER functionality settings.
Chat Administrator – A user who has received permissions from the Chat Owner and has access to Chat management.
A bot is a special computer program that performs any actions automatically and/or according to a given schedule via a Messenger.
Bot owner – The User who created or transferred ownership rights to the bot.
Bot Access Token Owner – The User who owns the Access Token for the bot can act on behalf of the Bot Owner when interacting with the CHATKEEPER Service.
Chat owner – The User who created or transferred ownership rights to the Chat.
Groups or group chats – a feature in Messengers that allows you to hold conferences and constantly be in touch with members of a large community of interested parties.
Domain / Domain name – a symbolic name that serves to identify areas that are units of administrative autonomy on the Internet, as part of a higher hierarchy of such areas.
Customer – a person represented by the User, who has accepted the Offer, concluded a Contract with the Contractor in this way, and is the customer of the Services provided under the concluded Contract.
Inviting is the process of mass adding users to the Chat without their knowledge and consent.
Site interfaces – a set of computer programs (including the program interface of the User’s Personal Account, API), which belongs to the Contractor and in combination with other resources is used to provide Services.
The contractor is an individual entrepreneur Dmitry Igorevich Titkov, who performs Services for providing paid and free functionality of the Service to the User.
Personal Account – a section of the CHATKEEPER Website located at: https://cabinet.chatkeeper.app, which provides a choice of Services and remote interaction of the Parties within the framework of the Agreement and the PS, available to the User after authorization and / or registration on the Site. The Personal Account is used by the User to manage the Bot settings.
Messenger is a client program for devices (for example, a smartphone or a personal computer) that allows you to instantly exchange text messages, phone calls in instant messaging systems (IM-Instant Messenger).
Offer – “Offer for the conclusion of a contract for the provision of paid services”, an offer addressed to an indefinite circle of persons, posted at https://chatkeeper.app/public_offer a proposal containing all the essential terms of the Contract, from which the will of the Contractor making the offer is seen to conclude a Contract on the terms specified in the offer with anyone who responds.
User – an individual who is a representative of the Customer and has passed the Account verification procedures, an Internet user who is authorized and / or registered on the CHATKEEPER Website https://chatkeeper.app/ using the Site Interfaces, who has agreed to enter into a Contract on the terms of the Offer, located at: https://chatkeeper.app/public_offer who has accepted the terms of the Offer and the Agreement, located at: https://chatkeeper.app/user_agreement_for_legal_entities, using the paid and free functionality of the Service. Actions / omissions committed by the User on the CHATKEEPER Website are performed on behalf of the Customer.
PS or Agreement – this document “User Agreement to the Agreement as a condition for the provision of paid services”, an offer addressed to an indefinite circle of certain persons, posted at: https://chatkeeper.app/user_agreement_for_legal_entities.
Surfactants are psychoactive substances.
Resident – in accordance with Federal Law No. 173-FZ of 10.12.2003, these are: a) individuals who are citizens of the Russian Federation; b) foreign citizens and stateless persons permanently residing in the Russian Federation on the basis of a residence permit provided for by the legislation of the Russian Federation; c) legal entities established in accordance with the legislation of the Russian Federation (including professional participants in foreign economic activity included in the list of professional participants in foreign economic activity approved in accordance with the procedure established by the Government of the Russian Federation in coordination with the Central Bank of the Russian Federation); d) branches, representative offices and other divisions of residents located outside the territory of the Russian Federation specified in paragraph “b” of this paragraph; e) diplomatic missions, consular offices of the Russian Federation, permanent missions of the Russian Federation to international (interstate, intergovernmental) organizations, other official representations of the Russian Federation and representations of federal executive authorities located outside the territory of the Russian Federation; f) The Russian Federation, subjects of the Russian Federation, and municipalities that act in relations regulated by this Federal Law and other federal laws and other regulatory legal acts adopted in accordance with it.
Advertising in a greeting is a service for placing additional text of an advertising nature in a message from a Bot that is sent to the Chat when a new User enters the Chat.
Website – a place on the Internet “CHATKEEPER”, where you can use the Services of the Contractor to provide the paid functionality of the Service located at: https://chatkeeper.app/ru.
Failure – any event that does not function correctly.
Service-applied service model SaaS (English software as a service – software as a service) is a form of cloud computing, a service model in which Users are provided with ready-made CHATKEEPER application software on the Internet. With the use of this service, the Contractor provides Services under the Contract, in accordance with the PS. The performer in this service model independently manages the application, providing the User with access to functions from client devices.
Symbiosis is all kinds of relationships between interacting objects in which the interaction is beneficial for at least one object.
An access token is a text string that identifies a user, bot, app, or page and can be used for API calls.
Services – services of the Contractor for the provision of paid functionality of the Service provided under the concluded Contract, in accordance with the PS, the list, descriptions and price of which is located in the tariff directory at: https://chatkeeper.app/tariff_reference_book.
An account is a set of data about a User stored in a computer system that is necessary for identifying the User and providing access to their personal data and settings.
Chat is a place to exchange messages and media files of various formats in real time.
An API is a programming interface, that is, a set of classes, procedures, functions, structures, or constants for interacting with Services.
Chatkeeper is a multi-functional bot moderator for Telegram, provided through the @chatkeeperbot bot on the site https://chatkeeper.app.
User ID – a unique User ID within the Messenger.
Chat ID – a unique Chat ID within the Messenger.
Username – the unique name of the User in the Messenger, which he sets himself.
Telegram is a messenger that allows you to exchange messages and media files of various formats.
1.2.In this Agreement, terms that are not reflected in clause 1.1 may be used, and therefore, the interpretation of such a term is made in accordance with the text of the Agreement.
1.3. In the absence of an unambiguous interpretation of the term in the text of the Agreement, one should be guided by the interpretation of the term defined: first of all-by the legislation of the Russian Federation, and then-by the established (commonly used) on the Internet.
2. General provisions.
2.1. The Contractor provides the Customer in the person of the User, on a paid basis, Services on the CHATKEEPER.APP website owned by him, located at: https://chatkeeper.app/ and subdomains. On the CHATKEEPER Website.APP Contractor provides Services for the provision of paid and free functionality of the Service in accordance with this PS and other Documents located at: https://chatkeeper.app/fin-docs . The PS comes into force from the moment the User agrees to its terms in accordance with the procedure provided for in clause 2.5 of the PS.
2.2. The form of cloud computing used, a service model on the Internet, in which Users are provided with ready-made CHATKEEPER application software. The CHATKEEPER application software is developed and owned by the Contractor.
2.3. The functionality of the Service is aimed at automating the process of managing groups, chats, communities in Messengers, saving the User time, eliminating various Failures associated with the human factor in the management process. A detailed list of the Contractor’s Services is available at: https://chatkeeper.app/tariff_reference_book. With the use of this Service, the Contractor provides Services. The Contractor in this Service model independently manages the application, providing the User with access to certain functions from client devices, thereby providing Services at the selected tariff. Access to the functionality, tools and other features of the Service is provided through the User’s Personal Account. All the currently existing functionality of the Service used in accordance with this PS, as well as any development and/or addition of new features, functions, and tools, is the subject of this PS.
2.5. Starting to use a separate functionality of the CHATKEEPER. APP Website Service and / or making a payment (pre-payment) by going through the authorization and/or registration procedure on the CHATKEEPER.APP Website located at: https://chatkeeper.app / and subdomains, the Customer who has performed any of the above actions in the person of the User and the User himself is considered to have accepted the terms of the PS in full, without any reservations or exceptions. If the User does not agree with any provision of the PS, the User does not have the right to use the Service. If the Contractor has made changes to the PS in accordance with the procedure provided for in clause 2.4 of the PS, with which the User does not agree, he is obliged to stop using the Service.
2.6. The capabilities of the Customer and the User are limited by the terms of the PS and other documents specified in clause 2.4 of the PS, the technical characteristics and functionality of the CHATKEEPER.APP Website Interfaces, the User’s Personal Account and the API.
2.7. The User agrees and acknowledges that the Service used by the Contractor, when using which certain Services are provided, is a Symbiosis of information technologies of Messengers and the Contractor. The performer in this model of the Service independently manages the application, providing the User with access to certain functions of the Service from client devices in Messengers in which the User is authorized and/or registered. The User’s capabilities are limited and regulated, including the terms of the Messengers used.
3. User authorization and registration. User account.
3.1. In order to use the Services of the Contractor to provide paid and free functionality of the Service on the CHATKEEPER.APP Website, the User must:
1) add the Chatkeeper bot to the Messenger Chat;
2) pass the Authorization procedure, as a result of which a unique Account will be created for the User based on the registration data provided by the Messengers;
3) get the status of a verified Account; this status is confirmed by mobile phone and / or email, must comply with the terms of this PS; full information is provided by the User in accordance with clause 3.3 of this PS and in the format provided by the Contractor, with filling out the form and a list of requested documents; the list of necessary information for Account verification can be changed at the discretion of the Contractor;
4) based on the results of verification of the provided information and supporting documents, the User receives a unique sign of the verified Account.
3.2. The User’s registration on the Site is based on the Authorization data, as well as when filling out additional registration forms and questionnaires on the Contractor’s Website, which are mandatory for obtaining the status of a verified Account.
In accordance with the legislation of the Russian Federation, a User who has reached the age of 18 has the right to independently authorize/register an Account and use the Service on the CHATKEEPER Website.APP within legal capacity. The User who has not reached the specified age, as well as in cases where this is required by the legislation of the Russian Federation, the use of the Service is allowed only with the consent of parents or other legal representatives. Other age restrictions may be imposed on the use of a separate functional of the Service, which may additionally be specified in legal documents.
3.3. The User undertakes to provide accurate and complete information about himself and the Customer on the issues proposed in the registration form/questionnaire, and to keep this information up to date. If the User provides incorrect information or the Contractor has reason to believe that the information provided by the User is incomplete or unreliable, the Contractor has the right, at its sole discretion, to block or delete the User’s Account and refuse the User and the Customer to use the Service. Such information is collected for the purpose of fulfilling the terms of the Agreement and for the period of its validity.
3.4. The User can upload an image for the Account (Avatar) directly in the Messenger used. This image will appear in the Artist’s Account on the Service. The account image may accompany the materials published by the User as part of the use of the Service. In the case of using an Account with the User’s image, the User understands and agrees that the Contractor has the right to publish and further use the User’s image for use in the Service, including for advertising purposes.
3.5. The User can configure the Name directly in the Messenger used at any time. This User Name will appear in the Account on the Service of the Contractor and will accompany the materials published by the User as part of the use of the Service, including comments, reviews, as well as in other cases provided for by the functionality of the Service. The User understands and agrees that the Contractor has the right to publish and further use the Name specified by the User in comments and reviews, in other cases in the Service, including for advertising purposes.
3.6. The Account Image (Avatar) and the User Name must comply with the requirements of Section 5 of this PS.
3.7. The Contractor reserves the right at any time to require the User to confirm the data specified during registration in the User’s account on the Service (including the provision of a document confirming the authority, statutory documents, data of current accounts and/or Linked card, if applicable to the current situation) and containing information about the User and the Customer, as well as other information related to the use of the Service, available to the User after authorization using the Account under the corresponding username and password of the User on the Service. For the purposes of verifying the data submitted by the User, the Contractor has the right to request supporting documents, the non-provision of which, at the Contractor’s discretion, may be equated with the provision of false information and entail the consequences provided for in clause 3.3. of the PS. If the data of the User and/or the Customer specified in the documents provided by them do not correspond to the data specified during registration, as well as in the case when the data specified during registration does not allow identifying the User and/or the Customer, the Contractor has the right to refuse the User and the Customer access to the Account and use of the Service functionality.
3.8. As a general rule, the User is identified according to his Account on the CHATKEEPER.APP website. The Contractor has the right to process other data, including data about the person who paid for the User.
3.10. Means for accessing the User Account:
3.10.1. The User is given the opportunity to go through a simplified authorization procedure and create an Account by obtaining the User’s consent to receive registration data from the Messenger, such as: User ID, Name, image/avatar (if present), username, client language code and other data. Authorization in the Service is carried out by the User independently, by confirming the consent of Authorization under his registration data in the Messenger in which he has an Account. The Parties understand and unconditionally accept the fact that the User receives access to their Account in the Messenger under an individual login and a confirmation code sent to the User, which is a simple electronic signature, in accordance with Part 2 of Article 5 of Federal Law No. 63-FZ “On Electronic Signature”, thus, the User is directly confirmed by the Messenger on the CHATKEEPER.APP Website Service. In some cases, to log in to the CHATKEEPER.APP Site, the User may also be required to specify the last name, first name, and other data provided during Authorization and / or registration in the Messenger.
3.10.2. After Authorization and / or registration of the Account in accordance with the procedure established in clause 3.10.1 of the PS and subsequent User login to the Account on the Site, the Account data is automatically stored in the Service system. For the subsequent login to the Service under the User Account, no additional input of access to the Account is required, the User is offered a simplified login via Messenger or through a Bot.
3.11. The User is solely responsible for the security of the means chosen by him to access the Account, as well as independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) performed within or using the Service under the User’s Account, including cases of voluntary transfer by the User of data for access to the User’s Account to third parties on any terms (including under contracts or agreements). At the same time, all actions within or using the Service under the User’s Account are considered to be performed by the User himself, except for cases when the User, in accordance with the procedure provided for in clause 3.12 of the PS, notified the Contractor of unauthorized access to the Service using the User’s Account and/or of any violation (suspected violation) of the confidentiality of their means of access to the Account (mobile phone number, password, or two-factor authentication).
3.12. The User is obliged to immediately notify the Contractor of any unauthorized (not authorized by the User) access to the Service using the User’s Account and/or of any violation (suspected violation) of the confidentiality of their means of access to the Account. For security reasons, the User must independently perform a secure shutdown under his Account (the “Log Out” button) at the end of each session with the Service. The Contractor is not responsible for the possible loss or damage of data, as well as other consequences of any nature that may occur due to the User’s violation of the provisions of this part of the PS.
3.13. The User’s use of their Account.
3.13.1. The User does not have the right to reproduce, repeat and copy, sell and resell, as well as use for any commercial purposes any parts of the Service (including the content available to the User through the Service), or access to them, except in cases where the User has received such permission from the Contractor, or when this is expressly provided by the PS.
3.13.2. Some Users in their Account may restrict or prohibit the use of certain functionality of the Contractor’s Service, if this is provided for during registration and / or the Service at the selected tariff.
3.14. Termination of registration and / or restriction. The Contractor has the right to block or delete the User’s Account, as well as to prohibit and / or block, restrict access to the Contractor’s Service using any Account, and / or delete any content without explaining the reasons, in particular:
1) if the User has not used it for more than one year;
2) if the User has refused the Services of the Contractor;
3) if, at the initiative of the Contractor or the User, the Contract for the Provision of Paid Services is terminated;
4) if the Contractor has found a violation of the current legislation of the Russian Federation;
5) if the User violates the terms of the PS or the terms of other documents provided for in clause 2.4. PS;
6) if the Contractor has discovered and / or received information about the use of the Bot in Chats for the distribution of surfactants, child pornography, publications with terrorist appeals and calls for the alienation of parts of the territory of the Russian Federation;
7) if the Contractor has discovered and / or received information about mass Inviting of users.
3.15. Deleting, blocking or restricting the User Account.
3.15.1. The User has the right to delete his Account in the Service or terminate it at any time, if there is a corresponding function.
3.15.2. Deletion, blocking or restriction of the Account by the Contractor is carried out in the following order:
1) The Account is automatically blocked for a period of one year, during which the User’s access to their Account becomes impossible, and the content posted using such an Account can be deleted;
2) if the User’s Account is restored by the User within the period specified above, access to the User’s Account will be restored, but the content posted using it may not be restored;
3) if the User’s Account is not restored within the above period, all content posted using it will be deleted, and the recovery of any information related to it, as well as access to the Service using this Account, will not be possible.
4.1. For all Users of the Service, or for certain categories of Users, the Contractor has the right to set restrictions on the use of the Service.:
– individual functions of the Service;
– the retention period of messages in the Service;
– messages, any other content;
– the maximum number of messages that can be sent or received by a single registered user;
– maximum size of a mail message or disk space;
– the maximum number of requests to the Service for the specified period of time;
– maximum content retention period;
– special parameters of the uploaded content;
– for another reason, at the discretion of the Contractor.
The Contractor may prohibit, block or restrict automatic access to its Service and/or individual functionality of the Service, as well as stop receiving any information generated automatically (for example, spam).
In order to protect its own resources and equipment, the Contractor has the right to restrict the reception of any messages and their delivery to the User or to the User’s Chats, especially when such messages contain malicious programs or code, or when the Contractor’s automatic filtering and anti-virus protection tools have determined the presence of such malicious programs or codes in these messages. The User is duly notified and accepts that the Contractor, for the specified purposes, has the right to analyze and study such malicious programs and codes contained in the specified messages in order to improve the quality of the Service.
4.2. The Contractor has the right to send information messages to its Users. Using the functionality of the Service, the User also agrees to receive advertising messages in accordance with Part 1 of Article 18 of Federal Law No. 38-FZ “On Advertising”. The User has the right to refuse to receive advertising messages by using the corresponding functionality of the Service, if this functionality is available to the User and is provided by the Service at the selected tariff.
The User agrees to the Contractor to generate statistical data, analytics of various directions, to notify other Users of the Service about the User’s public actions, including the placement of new publications, about the actions performed by him in relation to the Content of other Users, as well as other activities performed by him within the Service.
4.3. In order to improve the quality of the Services provided, the Contractor has the right, and the User agrees, to collect User opinions and reviews on various issues by sending an information message when the User visits the Service again or by contacting the contact details specified by the User in the Account using the following methods: phone calls for surveys, emails/messages for filling out the provided forms/questionnaires; other available methods of data collection and analysis. The collected opinions and reviews can be used to generate statistical data that can be used in the Service. Reviews provided by the User during the survey can also be published by the Performer on the Site, either with or without the User’s name. When leaving reviews, the User undertakes to follow the requirements of this PS, including the requirements set out in Section 6 of the PS.
4.4. In order to improve the quality of the Services provided, the Contractor, as necessary, sends newsletters in personal messages to the User. The newsletter is not an advertisement.
4.5. The User is aware of the responsibility and agrees that:
4.5.1. Each chat can have only one Chat Owner at a time.
4.5.2. The User has the opportunity to use the bot, the owner of which he is when interacting with the CHATKEEPER Service, on the terms of the Service and in accordance with the Service at the selected tariff. Such a User owns an Access Token, has the right to pay for and receive certain Services of the Contractor.
4.5.3. The user who owns the Access Token may not be the Owner of the bot. The bot owner can transfer the Access Token to another User. In this case, the provision of clause 4.5.2 of this PS applies to such a User.
4.5.4. Groups or group chats may have restrictions on the number of participants each.
4.5.5. The Chat Owner can appoint a Chat Administrator, as well as allow the Chat Administrator to have access to the functionality settings in the Service, to select and pay for the Services of the Contractor.
4.5.6. Using the functionality of the Service, the Bot Owner can grant the rights of the Chat participant’s bot Administrator. The bot administrator, who MAY NOT BE the Chat Administrator in the Messenger, may have access to the CHATKEEPER Service functionality settings, to select and pay for the Performer’s Services. The same access can be opened by another User who already has such access to the settings of the Service functionality.
4.5.7. Chat ID, is a unique Chat ID within the Telegram Messenger. The chat unites a group of interested Users, under certain conditions defined by the Telegram Messenger, the chat Owner can change the group type. The chat owner or other authorized person, changing the group type to a supergroup, makes changes, based on the changes made, Telegram Messenger automatically changes the chat ID, performing conversions. The conditions for conversion and the number of possible conversions for each individual Chat are regulated directly by the Telegram Messenger, and may change unilaterally and without warning.
5. User Content
5.1. The User is solely responsible for:
– compliance of the content posted by the User with the requirements of the current legislation of the Russian Federation;
– the User’s posting of certain content or the content of content that violates the rights and legitimate interests of third parties, including the personal non-property rights of the authors, other intellectual rights of third parties, and / or encroaches on their intangible benefits to third parties.
5.2. The User acknowledges and agrees that the Contractor is not obliged to view the content of any kind posted and / or distributed by the User using the CHATKEEPER.APP Website Service, as well as that the Contractor has the right (but not the obligation) at its sole discretion, refuse to post and/or distribute content to the User or remove any content that is available through the Service on the CHATKEEPER.APP Website. The user understands and agrees that he must independently assess all risks associated with the use of the content, including the assessment of the reliability, completeness or usefulness of this content.
5.3. The User understands and agrees that the technology of the Service on the CHATKEEPER.APP Website may require copying (reproduction) of the User’s content by the Contractor, as well as processing it by the Contractor to meet the technical requirements of the Service.
6. Conditions for the provision of paid Services
6.1. The User is solely responsible for:
– their actions related to the use of the Service:
– actions leading to the violation of the rights and legitimate interests of third parties, before them:
– compliance with the law when using the Service.
6.2. When using the functionality of the Service, the User does not have the right to:
1) send, upload, transmit or in any other way post and/or distribute content that is malicious, defamatory, illegal, as well as offends morality, demonstrates (or is propaganda) violence and cruelty, promotes hatred and / or discrimination of people on racial, ethnic, sexual, religious, social grounds, contains insults against any persons or organizations, contains elements (or is propaganda) of pornography, child erotica, represents advertising (or is propaganda) of sexual services (including under the guise of other services), explains the procedure for the manufacture, use or other use of surfactants and / or narcotic substances, as well as their analogues, explosives or other weapons, violates intellectual property rights;
2) violate the rights of minors and / or third parties, cause them harm in any form;
3) impersonate another person or a representative of an organization and / or community without sufficient rights, including as an employee of the Performer, as moderators of forums, as the owner of the site, as well as use any other forms and methods of illegal representation of other persons in the network, as well as mislead users or the Performer about the features and characteristics of any subjects or objects;
4) in any way, including uploading, transmitting, sending or posting and/or distributing content, in the absence of legal rights and / or rights based on any contractual relationship;
5) in any way, including uploading, transmitting, sending, posting and/or distributing advertising information that is not specifically permitted, lists of other people’s email addresses, spam (including search), pyramid schemes, Internet earnings systems and e-mail businesses, multi-level (network) marketing (MLM),” letters of happiness”, as well as using the CHATKEEPER Website Service.APP to participate in these events and / or to redirect users to pages of other Domains;
6) in any way, including downloading, transmitting, sending, posting and / or distributing any materials containing viruses or other computer codes, programs or files intended to disrupt, destroy or restrict the functionality of any computer, telecommunications equipment or programs, to carry out unauthorized access, as well as serial numbers to commercial software products and programs for their generation, usernames, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as placing links to the above information;
7) it is illegal to collect and store personal data of other persons;
8) perform actions aimed at creating Failures, both within the Service on the CHATKEEPER.APP Site and outside it;
9) perform actions aimed at intentionally violating the restrictions and prohibitions imposed by the PS;
10) otherwise violate the norms of the current legislation of the Russian Federation, as well as the norms of international law.
7. Exclusive rights to the content of the Services and content
7.1. All objects available through the CHATKEEPER.APP Service functionality, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects, as well as any content posted on the CHATKEEPER.APP Site, are the objects of the exclusive rights of the Performer, Users and other copyright holders.
The User may use elements of the content of the Service, as well as any content for personal non-commercial use, provided that all signs of copyright protection, related rights, trademarks, and other notices of authorship are preserved, the name (or pseudonym) of the author/name of the copyright holder is preserved unchanged, and the corresponding object is preserved unchanged. Exception: cases directly provided for by the legislation of the Russian Federation; cases provided for by the PS.
8. Third-party sites and Content
8.1. The Contractor’s Service may contain links to other sites on the Internet (hereinafter referred to as third-party sites). Executor:
– does not check the authenticity, legality and compliance with other requirements of such third parties and their content;
– is not responsible for any information, materials, advertising posted on third-party sites that the User gets access to using the Service;
– is not responsible for the availability of such sites or content and the consequences of their use by the User.
8.2. A link in any form and to any site, product, service, or any information of a commercial or non-commercial nature posted on the Site does not constitute an endorsement or recommendation of the Contractor, except in cases where this is expressly indicated by the Contractor.
9.1. The Contractor is responsible for the advertising placed by it on the Service, within the limits established by the legislation of the Russian Federation.
10. No warranty, limitation of liability
10.1. When receiving the Services, the User uses the Service of the Contractor at his own risk. The service is provided on an “as is” basis. The User accepts and agrees that the Contractor does not guarantee the compliance of the Service with the User’s goals and expectations, nor does the Contractor guarantee the uninterrupted and error-free operation of the software and technical means of the Service used for the purpose of providing the Services.
10.2. The Contractor does not guarantee the following:
– the functionality of the Service meets or will meet the User’s requirements;
– the functionality of the Service will be provided continuously, quickly, reliably and without Failures;
– the results that can be obtained using the functionality of the Service will be accurate and can be used for any purpose or in any capacity (for example, to establish and / or confirm any facts);
– the quality of the service, information or other product obtained using the functionality of the Service will meet the expectations of the User.
10.3. Any materials and / or information (for example, downloadable software, text files, instructions, but not limited to the above) that the User gets access to using the functionality of the Service, the User uses at his own risk and is solely responsible for the possible consequences of using the above, including for damage and harm that it may cause to the User’s computer or third parties.
10.4. The Contractor is not responsible for any types of damage and losses that occurred as a result of the User’s use of the Service functionality.
10.5. The Contractor’s liability is limited and regulated by Article 15 of the Civil Code of the Russian Federation, the terms of the PS and other documents specified in clause 2.4 of the PS and is imposed only if there is fault in his actions.
11. Other terms and conditions
11.1. This PS is an agreement between the User and the Contractor regarding the procedure for using the functionality of the Service, being an integral part of the package of documents posted at https://chatkeeper.app/fin-docs, allowing you to use the paid and free functionality of the Service, complementing the Agreement and replacing all previous PS between the User and the Contractor.
11.2. This PS is regulated and interpreted in accordance with the legislation of the Russian Federation. Issues not regulated by this PS are subject to resolution in accordance with the legislation of the Russian Federation. All possible disputes arising from the relations regulated by this PS are resolved in accordance with the procedure established by the current legislation of the Russian Federation, according to the norms of Russian law. Throughout the text of this Agreement, unless explicitly stated otherwise, the term “legislation” means both the legislation of the Russian Federation and the legislation of the User’s place of residence.
11.3. With respect to Services provided under this PS on a gratuitous basis, the rules on consumer protection provided for by the legislation of the Russian Federation may not be applicable to the relationship between the User and the Contractor.
11.4. The functionality of the Service provides for the possibility of providing paid Services. Payment for the selected Service is made by the User in the order of prepayment.
11.4.1. In some cases, the User has the opportunity (if applicable to the selected payment instrument) to link their bank card to their Account (hereinafter referred to as the Linked Card). For the purposes of this PS, any bank card linked to the User’s Account is considered a Linked Card, regardless of the time at which the link was made using the functionality of the Service. When specifying the data of the Linked Card and further using the Linked Card, the User confirms and guarantees that they provide reliable and complete information about a valid bank card issued in their name; that they comply with the rules of international payment systems and the requirements of the issuing bank that issued the Linked Card, including the procedure for conducting non-cash payments.
11.4.2. To issue an invoice for payment, get access to a particular paid functionality of the Service, use the ID: Chat ID.
11.4.3. The currency of the account and the price of Services, the list of which is located in the tariff directory at the address: https://chatkeeper.app/tariff_reference_book, depends on the User’s country of residence and the currency used. Regardless of the currency of the invoice and payment, the Contractor receives the payment in the currency of the Russian Federation.
11.5. Nothing in the PS can be understood as the establishment of any other relationship between the User and the Contractor other than the paid provision of Services to the Customer, whose representative is the User.
11.6. If, for any reason, one or more provisions of this PS are declared invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the PS.
11.7. Inaction on the part of the Contractor in the event of a violation by the User or other users of the provisions of the PS does not deprive the Contractor of the right to take appropriate actions to protect its interests later, and also does not mean the waiver of the Contractor’s rights in the event of subsequent similar or similar violations.
11.8. All measures applied by the Contractor to the User, within the framework of the process of paid provision of Services and on the basis of the package of documents specified in clause 2.4 of this PS, are indirectly applied to the Customer, whose representative he is.