April 11, 2022
This Agreement is a public offer addressed by Individual Entrepreneur Petrunenko A.A. (OGRNIP 317237500050521, hereinafter - the Service Provider) to an unlimited number of individuals and legal entities (hereinafter - the Customer), and defines the terms of access for Customers to materials and services located on the Internet at: https://wamm.chat (hereinafter - WAMM.chat).
This Agreement is considered concluded from the moment of its acceptance by the Customer, through registration of an account on the WAMM.chat website or payment for the Service Provider's services.
1. DEFINITIONS
1.1. WAMM.chat software (hereinafter - the Program) is a WEB interface, as well as an API (automated programming interface) for interaction between Program users and third parties through electronic message exchange, located on the Internet at https://wamm.chat, including through the use of third-party software and online services (hereinafter - "Communication Services").
1.2. Communication Services include, in particular, WhatsApp, Telegram, Avito, hosting providers, email and others.
1.3. Access - the ability to work with the Program via the Internet using a Web browser, using unique Login and Password credentials that allow identification of Program users. Access parameters and the time period during which it is provided are established in accordance with the selected tariff plan and the terms of this Agreement.
2. SUBJECT OF THE AGREEMENT
2.1. The Service Provider grants the Customer access to the Program, and the Customer uses and pays for access in the manner and on the terms of this Agreement.
2.2. In order to ensure the possibility of providing Services stipulated by this Agreement, the Service Provider grants the Customer a non-exclusive license to use the Program as a service on the Service Provider's server. The terms of the non-exclusive license are set forth in section 7 of this Agreement.
2.3. To use the Program, the Customer must provide separate consent for personal data processing in accordance with the requirements of Federal Law No. 152-FZ "On Personal Data" of the Russian Federation. The terms of personal data processing are set forth in the Privacy Policy.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. THE SERVICE PROVIDER UNDERTAKES TO:
3.1.1. Provide the Customer with access to the Program for the Customer's users to work on the terms of this Agreement.
3.1.2. Ensure round-the-clock server availability for the Customer's use of the Program.
3.1.3. Perform daily backup of Program data.
3.2. THE SERVICE PROVIDER HAS THE RIGHT TO:
3.2.1. Make changes to the Program, including publishing new versions of the Program, without prior notice to the Customer.
3.2.2. Conduct maintenance work on the Server, for which temporarily suspend access to the Program. Work is to be carried out primarily at night (UTC+03:00) with the minimum possible downtime, not exceeding 2 hours per week.
3.2.3. Block the Customer's access to the Program in case of the Customer's violation of the terms of this Agreement.
3.2.4. Unilaterally change the amount of remuneration / tariffs for access to the Program under this Agreement, with prior notification to the Customer by email and/or by posting information on the Service Provider's website at least 10 (ten) calendar days before the changes take effect. In case of disagreement with the new terms, the Customer has the right to terminate the agreement without financial losses by notifying the Service Provider.
3.2.5. Post information about cooperation with the Customer regarding the Customer's use of the Program, as well as trademarks or other images that are means of identifying the Customer on the website https://wamm.chat and on the Service Provider's social media pages.
3.2.6. Suspend the fulfillment of obligations under the Agreement with respect to the Customer in the presence of reasonable assumptions about possible fraud or other illegal activities of the Customer related to the use of the Program, until the disputed situation is clarified/resolved.
3.3. THE CUSTOMER HAS THE RIGHT TO:
3.3.1. Receive round-the-clock access to the Program (except during maintenance work).
3.3.2. Use all functional capabilities of the Program in accordance with access parameters.
3.3.3. Contact the Service Provider for consultation and technical support when working with the Program at the contacts specified in the Program in the Help section (https://wamm.chat/help/kontakti-podderzhki)
3.4. THE CUSTOMER UNDERTAKES TO:
3.4.1. Comply with the requirements set forth in this Agreement.
3.4.2. Timely, in accordance with the terms of this Agreement, pay for and accept the Service Provider's Services.
3.4.3. Not transfer their rights under this Agreement to third parties.
3.4.4. Not take actions or other attempts aimed at copying, modifying, decompiling the Program.
3.4.5. Ensure the confidentiality of the Login and Password for access to the Program.
3.4.6. Respect all rights of the Service Provider to the content, name, any commercial and non-commercial use of the Program and any documents related to it, including copyright, trade secret, trademark and other rights.
3.4.7. Not use the Program in violation of the legislation of the Russian Federation, as well as in violation of generally recognized principles and norms of international law.
3.4.8. Information mailings related to the operation of the Program (technical information, payment notifications, service changes) are sent without additional consent on the basis of contract performance.
3.4.9. In case of technical problems, immediately notify the Service Provider at the contacts specified in the Program at https://wamm.chat/help/kontakti-podderzhki
3.4.10. In case the Customer uses the Service Provider's services for the purpose of collecting, storing and processing information containing personal data, as well as other confidential information, the Customer must at their own expense ensure the security of such data in accordance with applicable law.
4. PAYMENT TERMS
4.1. The Service Provider's remuneration under this Agreement is determined by the Customer independently, based on the list of ordered services in accordance with the Program's tariffs. Current tariffs are posted at https://wamm.chat/help/tarifi. The remuneration for granting the right to use the program (clause 7.2) is included in the amount of remuneration specified in this clause.
4.2. Payment under the Agreement is made based on the Service Provider's invoice (for non-cash settlements with legal entities) or by bank card using the Robokassa payment system (Payment section in the Program), on a 100% prepayment basis, in Russian rubles or by other methods available in the Program's personal account. Not subject to VAT pursuant to Article 346.11 of Chapter 26.2 of the Tax Code of the Russian Federation.
4.3. For non-cash settlements, the Service Provider monthly, by the 5th (fifth) business day of the month following the reporting month, provides the Customer with an act of services rendered for the previous calendar month of access to the Program (by posting the act in the Payment section of the Customer's personal account) and the Parties sign the act of services rendered. If within 7 (seven) calendar days after the provision of the act, the Customer has not submitted a substantiated written claim to the Service Provider regarding the quality of services rendered for the Program Access period in which the service was provided, the act of services rendered for that period is considered accepted (signed) by the Customer without comments, the work was completed by the Service Provider and accepted by the Customer. In this case, a unilateral act of services rendered signed by the Service Provider has the legal force of a document confirming acceptance of the service provided.
4.4. In case of early termination of this Agreement at the Customer's initiative or the Customer's refusal from further use of the Program, no refund of Remuneration is provided.
4.5. The Customer independently pays for all telecommunications services for establishing a connection with the Service Provider's server.
5. TERM OF VALIDITY
5.1. This Agreement is considered concluded and enters into force from the moment of the Customer's registration in the Program.
5.2. This Agreement is valid during the period of access to the Program established by tariffs, and is also automatically renewed for a new term upon payment for each subsequent access.
5.3. The Service Provider has the right to unilaterally amend the terms of the Agreement (including the cost of services, cost of additional services, bonus usage conditions, service conditions) by posting information on the Service Provider's website at least 10 (ten) calendar days before the changes take effect (notification posted in the specified manner is recognized by the Parties as a full-fledged legal document in simple written form). If the Customer continues to use the services, this means the Customer's agreement with the specified changes.
5.4. In case of the Customer's disagreement, the latter is obliged to notify the Service Provider of this before the changes take effect by official letter (possible by email or in the Personal Account, wherein notification sent to the Service Provider in the specified manner is recognized by the Parties as a full-fledged document in simple written form). In this case, the Agreement ceases to be effective from the moment the changes take effect.
5.5. The Agreement may be terminated at any time by mutual agreement of the Parties.
5.6. This Agreement may be terminated at the Customer's initiative (Customer's unilateral refusal to perform the Agreement) by failure to make an advance payment for access provision within 14 (fourteen) days from the date of exhaustion of the volume of services (expiration of the service provision period). In case of a positive Customer balance, the remaining balance amount is written off as a subscription fee to compensate the Service Provider's expenses for maintaining the Customer's account in the system.
6. LIABILITY OF THE PARTIES
6.1. All disputes between the Service Provider and the Customer are subject to resolution through bilateral negotiations.
6.2. For non-performance or improper performance of obligations assumed under the Agreement, the Parties are liable in accordance with the legislation of the Russian Federation.
6.3. The aggregate liability of the Parties for actual proven cumulative damage during the Customer's access to the Program under no circumstances shall exceed the amount of the invoice issued by the Service Provider to the Customer for the provided access period in which the Customer incurred actual damage.
6.4. The Customer, using the Program access services, independently and fully bears responsibility for harm caused by their actions (personally, by end users or third parties) to the person or property of: citizens, legal entities, the state or the moral principles of society.
6.5. The Service Provider is not liable for:
6.5.1. the quality of telecommunications and communication lines, including the Internet.
6.5.2. the content of information received by the Customer using the Program from third parties.
6.5.3. the Customer providing inaccurate, incomplete and outdated information and possible consequences of such actions.
6.5.4. actions of Communication Services, as well as for the availability and operability of software and online services provided by Communication Services.
6.5.5. third party access to the Customer's account and harm caused to the Customer by actions of third parties who gained access to the Customer's account against the Customer's will.
6.5.6. actions and decisions of the Customer made on the basis of information received when using the Program, their consequences, as well as direct and indirect losses, including lost profits, arising from the use of the Program, including blocking of Customer numbers connected to the Program by communication services.
6.6. The Service Provider does not guarantee to the Customer the efficiency, profitability, effectiveness, suitability of the Program for any purpose of the Customer. The Program is provided by the Service Provider for access on an "as is" basis. The Service Provider does not guarantee 100% delivery of all messages sent and received by the Customer, but strives to ensure this
6.7. To avoid system overload, the number of available API requests per month for Customer access may be limited, which the Service Provider will notify the Customer about.
6.8. In the event of force majeure circumstances resulting in the impossibility of full or partial performance by one of the parties of obligations under this Agreement, neither party will be liable. Force majeure circumstances under this Agreement are understood as circumstances defined in accordance with paragraph 3 of Article 401 of the Civil Code of the Russian Federation and arising after the conclusion of this Agreement as a result of extraordinary events that the parties could not foresee and prevent by reasonable actions.
6.9. The Party for which force majeure circumstances have occurred shall immediately notify the other Party about the occurrence of force majeure circumstances, the expected duration of their effect and cessation of their effect.
6.10. During the term of this Agreement, the Service Provider will make every effort to eliminate any technical failures and errors, should they occur when working with the Program, within a reasonable time (the shortest possible time, but not more than 7 (seven) business days).
7. LICENSE AGREEMENT
7.1. The Program is the result of the intellectual activity of the Service Provider, exclusive rights to the program belong to the Service Provider.
7.2. Under this Agreement, the Service Provider grants the Customer the right to use the Program located on the Internet on the Service Provider's server, for use during the term of this Agreement.
7.3. The transfer of rights specified in clause 7.2 of this Agreement does not entail the transfer or alienation of any other rights of the Service Provider to the Program not directly specified in this Agreement, does not grant the Customer the right to reproduce, distribute, make public, make copies of the Program.
7.4. The Customer may use the Program only within those rights and in those ways that are provided for by this Agreement. The right to use the Program not explicitly specified in this Agreement is not considered granted to the Customer.
8. CONFIDENTIALITY
8.1. The Parties agree to keep confidential any information received by one Party regarding the other in the course of fulfilling obligations under this Agreement.
8.2. For violation of the confidentiality regime under this Agreement, the Party that committed such violation is obliged to compensate the other Party for direct losses incurred in connection with this violation.
8.3. Termination of this Agreement, including termination of this Agreement as a result of refusal by one of the Parties from its performance, does not entail termination of the obligations of the Parties established by section 8 of this Agreement.
8.4. The provisions of this article do not apply to cases when any of the Parties under this Agreement is obliged to disclose confidential information to competent authorities in accordance with the requirements of the legislation of the Russian Federation.
8.5. A Party reserves the right to disclose information about the other Party at the lawful request of officials of law enforcement agencies, the Prosecutor's Office of the Russian Federation.
9. PROCEDURE FOR USING THE PROGRAM
9.1. To start using the Program, the Customer independently fills out registration forms on the Service Provider's website, independently enters the following data: name, password and email address.
9.2. The Customer also independently registers and blocks additional Program users who, together with the Customer, will use access to the Program on behalf of the Customer.
9.3. From the moment of registration in the Program and until payment of remuneration to the Service Provider, trial access to the Program with limited capabilities and a limited time period of 3 (three) days is provided, which allows familiarization with the functional capabilities and features of the Program.
9.4. During the trial or paid access period to the Program, as well as within 14 days after their completion, access can be extended by paying remuneration to the Service Provider according to clause 4.1. Inactive accounts after 14 days are subject to automatic cleanup: most of the accumulated information is deleted, including chats, tags, correspondence history, files, with the exception of some Program operation logs and payment history, users with administrator role.
9.5. Actions performed using a combination of Password or email of the Customer's users are considered actions performed by the Customer themselves.
9.6. For technical support issues, the Customer may contact at the contacts specified in the Program at https://wamm.chat/help/kontakti-podderzhki
9.7. Communication between the User and WAMM.chat is carried out, including personally, through exchange of registered letters, through electronic communication via the feedback form on the WAMM.chat website and through the User's account, through exchange of electronic messages via email addresses provided by the User - by filling out the appropriate form when creating an account and/or when making changes to account data, WAMM.chat - by publishing on the WAMM.chat website.
10. ADDRESS AND DETAILS OF THE SERVICE PROVIDER
Individual Entrepreneur Petrunenko Alexey Alexandrovich;
Address: 350016, Russia, Krasnodar, P.O. Box 4433;
TIN 237303481981, OGRNIP 317237500050521;
Email: mail@wamm.chat