This document permanently available online at the address https://bothelp.io/license-agreement/ is an offer of Bothelp LLC (hereinafter referred to as the administration) to conclude a License agreement for paid use of the service (hereinafter referred to as the agreement, offer) with any physical or legal entity who expresses his/her wish (hereinafter referred to as the user) on the terms set out below.
This document, permanently posted on the Internet at https://bothelp.io/license-agreement/, is an offer by LLC “Bothelp” (hereinafter referred to as the Administration) to enter into a License Agreement-Offer for the paid use of the Service (hereinafter referred to as the Agreement, Offer) with any individual or legal entity who responds (hereinafter referred to as the User) under the conditions set forth below.
This document is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
1.1. The Parties agree that for the purposes of the Offer, the following terms and definitions shall have the following meanings:
1.2. “Offer” – this offer, containing all the essential terms of the license agreement as per paragraph 2 of Article 437 of the Civil Code of the Russian Federation, expressing the will of the Administration to conclude such an agreement on the conditions specified in the Offer with any legal or natural person who responds. Hereinafter, the Offer also refers to the Agreement itself.
1.3. “Agreement” – an agreement containing essential and other conditions for the provision of information interaction services, considered concluded at the moment the Administration receives the Acceptance.
1.4. “Acceptance” – the response of any legal or natural person indicating full and unconditional acceptance of the Offer by performing actions in accordance with this Offer.
1.5. “Administration” – LLC “Bothelp,” which owns and holds exclusive rights to the Service.
1.6. “User” – any legal or natural person who expresses interest in the Service and accepts the Agreement and the Offer under the conditions. A natural person representing a legal entity, expressing interest in the Service and accepting the Offer, is considered an authorized representative, regardless of whether the Administration requests supporting documents (power of attorney, etc.).
1.7. “User Agreement” – an agreement between the Administration and the User for the provision of a simple non-exclusive license to use the Service.
1.8. “Parties” – the Administration and the User.
1.9. “Tariffs” – the established cost complexes of the Administration, located at www.bothelp.io on the Internet, aimed at package offers under special conditions according to the number of Users’ subscribers.
1.10. “Subscription” – the User's accepted obligation to pay for and use the Service for a certain period according to the Tariffs.
1.11. “Payment Systems” – a service for transferring money or other means replacing them (checks, certificates, conditional payment units, or specialized securities) in electronic form. The payment system is selected at the Administration's discretion. Payment systems used by the Administration include “CloudPayments” and “Fast Spring.”
1.12. “Service” – the platform located at https://bothelp.io/, aimed at offering an unlimited range of persons the use of the Service according to its Purpose.
1.13. “Purpose of the Service” – the User’s use of the Service to create tools for the User’s messengers and social networks, such as auto-funnels, mailings, and chatbots (including but not limited to these).
1.14. “User Account,” “Account” – a record containing a set of information provided by the User to the Service during Registration and used for work according to the Purpose of the Service.
1.15. “User Session” – the period of active use of the Service by the User until the actual exit from the Service.
1.16. “Registration” – the procedure during which the User fills out a questionnaire on the Service, creates a password, and creates an Account.
1.17. “User Registration Data” – data voluntarily provided or uploaded by the User during Registration and further use of the Service.
1.18. “Personal Data” – any information relating to an identified or identifiable natural person (“subject of personal data”); an identifiable natural person is a person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, surname, patronymic (if any), identification number, individual taxpayer number, insurance number of an individual personal account, bank details, year, month, date, and place of birth, address, email address, phone number, transmitted to the Operator during the use of the Service with the help of software installed on the User's device.
1.19. All other terms and definitions encountered in the text of the Offer are interpreted by the Parties in accordance with the legislation of the Russian Federation, current recommendations (RFC) of international standardization bodies on the Internet, and established rules for interpreting relevant terms on the Internet.
1.20. Terms and definitions may be used in both singular and plural forms, depending on the context, and the spelling of terms may be used with both uppercase and lowercase letters.
1.21. The names of the headings (sections) and the construction of the Offer are intended solely for the convenience of using its text and do not have literal legal significance.
2.1. Proper Acceptance of this Offer in accordance with Article 438 of the Civil Code of the Russian Federation is considered to be the User’s performance of all the following actions:
2.2. According to the terms of this Offer, the effect of the Agreement and, accordingly, the license is limited to the Subscription period, determined by the Tariffs and the User’s intention to purchase.
2.3. Acceptance of the Offer confirms that all and any terms of the Offer are accepted by the User in full without any reservations or restrictions, and Acceptance of the Offer confirms that the User understands all the terms of the Offer, has used the right to receive any and all explanations regarding the terms of the Offer from the Administration, and also confirms that the terms of the Offer fully comply with the will, needs, and requirements of the User.
2.4. If a notice of withdrawal of the Acceptance is received at the Administration’s email address hello@bothelp.io before or simultaneously with the Acceptance, the Acceptance is considered not received by the Administration.
2.5. The Agreement is considered concluded if the Acceptance is received by the Administration before it posts a new offer or information on the website on the Internet https://bothelp.io/license-agreement/ that the Administration does not intend to conclude the agreement by public offer in the future.
2.6. The Agreement enters into force upon conclusion and acceptance by the User and is concluded for an indefinite period. If the User stops paying for the Service, the agreement is considered terminated from the date of non-receipt of the proper payment from the User.
2.7. If any clause of the Agreement proves to be impracticable and cannot be applied to the legal relations of the parties, it is interpreted in accordance with the current legislation of the Russian Federation, taking into account the original interests of the parties, while the remaining part of the agreement continues to operate in full.
3.1. The subject of this Agreement is the provision by the Administration of a simple non-exclusive license to use the Service by the User for the Subscription period in accordance with the Tariffs and the terms of the Offer.
3.2. The User receives a set of services included in the Subscription based on the functionality of the Service. The list of offered conditions for use is directly on the Service.
3.3. The procedure for the Administration’s interaction with third parties attracted for the purpose of this Agreement is regulated by separate contracts and agreements and is not an essential condition of this Agreement.
4.1. In accordance with the terms of the User Agreement, the User undergoes Registration to perform actions according to the Purpose of the Service.
4.2. To obtain a simple non-exclusive license, the User pays for the Subscription according to the Tariffs.
4.3. Tariffs are calculated for Users based on the number of Subscribers, the maximum number of which is the determining indicator of the selected tariff plan, as well as based on the limits on messages sent using the Service.
4.4. For the proper use of the Service, the Administration provides access to instructions located on the Service’s pages, as well as the ability to contact technical support under the terms of the Offer.
4.5. The Administration provides opportunities in accordance with clause 4.4., but does not control the actual use or non-use of the Service’s functionality by the User.
4.6. When paying for the Subscription through payment systems, the Subscription is arranged on a monthly recurring basis and the User’s Account is automatically extended each month. The monthly cost of the Tariff depends on the number of subscribers in the User’s database the day before the next automatic payment.
4.7. If the User wants to cancel the Subscription, they can independently disable it in the “Payment” section. To cancel, click “Cancel subscription.” In this case, the Account will be available for the paid period, after which the Subscription must be arranged and paid for again for further use.
4.8. The User can request a refund if the payment for the auto-renewed Subscription was made no later than 7 (seven) days after the actual payment.
4.9. Only the payment for the new calendar month is refunded; the debt for exceeding the limit for the previous month cannot be refunded.
4.10. Refunds are made based on the User’s request to technical support or by sending a request to the email address hello@bothelp.io.
5.1. The cost of the Subscription is calculated by the Service automatically according to the Tariffs, which depend on the maximum number of the User’s subscribers.
5.2. According to the terms of this Agreement, the Service provides several payment options:
5.2.1. payment by invoice issued by the Administration in accordance with the cost under clause 5.1 of the Offer.
5.2.2. payment for the Subscription using the Administration’s payment systems on the terms of monthly auto-renewal.
The cost includes a commission charged by banks or payment systems for processing the payment.
5.3. Payment is made based on clause 5.2 of this Agreement and is carried out at the User’s choice:
5.3.1. by transfer to the Administration’s bank account;
5.3.2. through electronic payments using Payment Systems.
5.4. The User can request payment by bank transfer to the Administration’s bank account based on an invoice if the intended payment term is from 6 to 12 months.
5.5. Payment from foreign Users is made exclusively by bank transfer to the Administration’s bank account.
5.6. A request for an invoice is sent by the User via email to hello@bothelp.io.
5.7. If the User needs to change the bank details for payment under the Subscription, the User can cancel the Subscription and arrange a new one, specifying other bank details for payment.
5.8. If the debit of funds is unsuccessful, the Administration makes 3 (three) attempts to debit the funds. After three attempts, the Subscription is automatically disabled.
5.9. The Administration undertakes to provide a simple non-exclusive license to use the Service, and the subscription from the moment of payment receipt from the User.
5.10. If the User violates the accepted terms of the Offer and its conditions, the funds are not returned by the Administration and are used to cover the Administration’s losses, and are also considered as a penalty for violation of the Agreement’s terms.
6.1. The User has the right to use all the functional capabilities of the Service.
6.2. The User is obliged to notify the Administration of unauthorized access to the Service via their Account, as well as leakage of login and/or password by sending an email to hello@bothelp.io.
6.3. The User must provide only current and accurate information about themselves when using the Service, as well as when interacting with the Administration.
6.4. The User must not use the Service’s functionalities for unlawful purposes that violate the rights of the Administration and third parties under the laws of the Russian Federation.
6.5. The Administration has the right to request additional personal data from the User in accordance with the Privacy Policy, located at https://bothelp.io/policy/.
6.6. In all other cases, the Parties are guided by the terms of the User Agreement, the provisions and conditions regarding the rights and obligations of the Parties under it apply to the operation of the Offer.
7.1. The Agreement, its conclusion, and execution are governed by the current legislation of the Russian Federation. All issues not regulated by the Agreement under this Offer or regulated incompletely, including in terms of responsibility and dispute resolution, are governed by the User Agreement and the legislation of the Russian Federation.
7.2. The recognition by a court of any provision of this Agreement as invalid or unenforceable does not entail the invalidity of other provisions.
LLC “Bothelp”TIN/KPP: 3257037015/325701001, OGRN 1153256015989Legal address: 241050, Bryansk, Duki street, 65, office 404Actual address: 241050, Bryansk, Duki street, 65, office 404Email: hello@bothelp.io
Updated: May 23, 2023
