This document permanently available online at the address https://bothelp.io/license-agreement-eng/ 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 is a public offer following paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
1.1. The Parties have agreed that the following terms and definitions for the purposes of this Agreement will have the following meanings:
1.2. All other terms and definitions found in the text of this policy are interpreted by the Parties following applicable law, current recommendations (RFC) of international standardization bodies on the Internet, and the usual rules for the interpretation of relevant terms on the Internet.
1.3. Terms and definitions used in this Agreement can be used both in the singular and in the plural, depending on the context, the terms can be spelled both in uppercase and lowercase letters.
1.4. The names of the headings (articles), as well as the design of this document, are intended only for the convenience of using the text of the Agreement and have no literal legal value.
2.1. Following article 438 of the Civil Code of the Russian Federation, if the User performs all the listed actions in aggregate, this is considered a Proper Acceptance of this Offer:
2.2. Acceptance means that the User has read, agrees, fully, and unconditionally accepts all the terms of the Agreement in the form in which they are set out in the text of the Offer. The User is notified that Acceptance means the conclusion of the Agreement on the terms outlined in the Offer.
2.3. Following the terms of this Offer, the validity of the Agreement and, accordingly, the license is limited by the Subscription period determined by the Tariffs and the User’s will to purchase.
2.4. Acceptance of the Offer is a confirmation that the User accepts all and any conditions of the Offer in full and without any reservations and restrictions. At the same time, the Acceptance of the Offer confirms that the User understands all the terms of the Offer and that the User has exercised the right to receive from the Administration everything and any clarifications regarding the terms of the Offer. The Acceptance of the Offer also confirms that the terms of the Offer fully comply with the will, needs, and requirements of the User.
2.5. If the notice on the revocation of the Acceptance was received by the Administration’s email address email@example.com before the Acceptance or simultaneously with it, it is considered that the Administration did not receive the Acceptance.
2.6. The agreement is considered concluded if the Administration receives an Acceptance before posting a new offer on the website www.bothelp.io or information that the Administration does not intend to conclude an agreement (through a public offer).
2.7. The Agreement enters into force from the moment of conclusion and acceptance by the User and shall last for an indefinite period. If the User stops paying for the Service, the agreement is considered terminated from the date a proper payment from the User is not received.
2.8. If any clause of the Agreement turns out to be not subject to literal execution and cannot be applied to the legal relations of the parties, it shall be interpreted following the current legislation of the Russian Federation, taking into account the initial interests of the parties, while the remaining terms of the agreement continue to be in full force.
3.1. Under this Agreement, the Administration grants the User a simple non-exclusive license to use the Service for the duration of the Subscription in accordance with the Tariffs and the terms of the Offer.
3.3. Interaction of the Administration with third parties involved in the implementation of this Agreement is governed 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 in order to perform actions in accordance with the Purpose of the Service.
4.2. The User pays for the Subscription in accordance with the Tariffs for obtaining a simple non-exclusive license.
4.3. Tariffs are calculated for Users based on the number of Subscribers. The maximum number of Subscribers is a defining indicator of the selected tariff plan.
4.4. For purposes of the proper use of the Service, the Administration provides access to the guides on the pages of the Service, as well as the ability to contact technical support in accordance with the terms of the Offer.
4.5. The Administration offers opportunities in accordance with clause 4.4., but does not control how the User actually uses or does not use the functionalities of the Service.
4.6. When the Subscription is paid through payment systems, the Subscription is made on a monthly regular basis and the User’s Account is automatically renewed every 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 is made.
4.7. If the User wants to cancel the Subscription, he/she can independently cancel it in the “Payment” section. In order to cancel it, the User must click ”Unsubscribe”. In this case, the Account will be available during the paid period, and after that in order to further use it, it will be necessary to register and pay for the Subscription again.
4.8. The User can request a refund if the payment for the automatically renewed Subscription occurred no later than 7 (seven) days after the actual payment was made.
Only the payment for the new calendar month can be refunded. The debt for exceeding the limit for the previous month can not be returned.
4.9. Refunds are made based on the User’s request to technical support or by sending a request to the email address firstname.lastname@example.org.
5.1. The Subscription cost is calculated by the Service automatically in accordance with the Tariffs depending on the maximum number of the User’s subscribers.
5.2. In accordance with the terms of this Agreement, the Service provides several payment options:
5.3. The cost includes the commission charged by banks or payment systems for making a payment.
5.4. Payment is made based on clause 5.2 of this Agreement and is performed at the option:
5.5. The User can request payment by wire transfer to the current account of the Administration based on the issued invoice if the expected payment term is from 6 to 12 months.
5.6. Foreign Users pay only by wire transfer to the current account of the Administration.
The User is to send the request for invoice issue by e-mail email@example.com.
5.7. If it is necessary to change the User’s bank details used for payment for the Subscription, the User can cancel the Subscription and register a new one, specifying other bank details for payment.
5.8. If debiting funds was unsuccessful, the Administration makes 3 (three) attempts to debit the funds. After three attempts, the Subscription is automatically canceled.
5.9. The Administration undertakes to provide a simple non-exclusive license to use the Service, as well as a subscription from the moment payment from the User is received.
5.10. In the event the User violates the accepted terms of the Offer and its conditions, the funds are not refunded by the Administration and are used to cover the losses of the Administration, and are also regarded as a penalty for violation of the terms of the Agreement.
6.1. The User has the right to use all the functionalities of the Service.
6.2. Upon detection of unauthorized access to the Service through his/her Account, Personal Profile, as well as leakage of login and/or password, the User is obliged to inform the Administration by sending a message to the email address firstname.lastname@example.org .
6.3. The User is obliged to provide only up-to-date, true and accurate information about himself/herself when using the Service, as well as when interacting with the Administration.
6.4. The User is obliged not to use the functionality of the Service for illegal purposes that violate the rights of the Administration and third parties in accordance with the legislation of the Russian Federation.
6.6. In all other cases, the Parties are guided by the terms of the User Agreement. in accordance with the User Agreement, the terms and conditions regarding the rights and obligations of the Parties also apply to the Offer.
7.1. This Agreement, its conclusion, and execution are governed by the current legislation of the Russian Federation. All issues that are not regulated by the Agreement in accordance with this Offer/Agreement or that are not fully regulated shall get settled, including in terms of liability and dispute resolution, in accordance with the User Agreement and the legislation of the Russian Federation.
7.2. If the court recognizes any provision of this Agreement invalid or not subject to compulsory execution it does not lead to the invalidity of its other provisions.