1.1. This user agreement (hereinafter referred to as the Agreement) in accordance with Articles 428, 435, 43, and 1286 of the Civil Code of the Russian Federation is an agreement between Bothelp LLC (hereinafter referred to as the Administration) and any physical person (hereinafter referred to as the User) who has expressed a consent to the conditions set forth in this Agreement by taking actions aimed at using the platform for creating chatbots in messengers (hereinafter referred to as the Service), placed as a website on the Internet at www.bothelp.io.
1.2. In accordance with article 438 of the Civil Code of the Russian Federation, a proper acceptance of this Agreement is considered to be the performance by the Customer in the aggregate of all the listed actions:
1.3. This Agreement can be changed by the Administration at any time and without prior notice to the Users.
1.4. Acceptance of this Agreement means that the User confirms his legal capacity and attainment of majority.
1.5. By accepting the terms of this Offer, the User agrees to receive information messages, informational and/or advertising messages about services and events provided/conducted by the Administration and/or partners (contractors) of the Administration within the purposes of the User Agreement using the User’s mobile phone number provided by the User in order to register and enter the Service (including by making phone calls, sending short text messages, electronic messages using information and communication services and/or instant electronic messaging programs (messengers)) and by email.
2.1. The Parties have agreed that the following terms and definitions for the purposes of this Agreement will have the following meanings:
2.2. All other terms and definitions found in the text of this policy are interpreted by the Parties in accordance with applicable law, current recommendations (RFC) of international standardisation bodies on the Internet, and the usual rules for the interpretation of relevant terms on the Internet.
2.3. 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.
2.4. 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.
3.1. Under this Agreement and subject to the User’s compliance with its respective conditions, the Administration grants the User the right to use the Service under the terms of a simple (non-exclusive) license.
3.2. The use of the Service by the User as part of this Agreement means exclusively the operation of the Service for its direct Purpose of the Service.
3.3. In its meaning and content this Agreement is a mixed agreement containing elements of an agreement on the provision of a simple (non-exclusive) license to use the Service as software, concluded based on clause 5 of Article 1286 of the Civil Code of the Russian Federation in a summary procedure by joining the Agreement as a whole, as well as the agreement between the participants of electronic interaction provided for by the Federal Law No. 63-FZ “On Electronic Signature” dated of April 6, 2011, concluded also by joining the Agreement as a whole in accordance with Article 428 of the Civil Code of the Russian Federation.
3.4. The provision of a non-exclusive license for the right to use the Service does not require the drawing up of a separate document regarding the provision. A non-exclusive license is deemed to have been granted upon the User’s accession to the terms of this Agreement, the moment the Service starts being used. This clause is considered by the Parties to be equivalent to the act of granting a non-exclusive license. The license is provided free of charge.
3.5. The right to use the Service provided under this Agreement does not include the right to conclude sublicense agreements by the User.
3.6. This Agreement does not provide for the transfer of intellectual property rights of the Administration (or part thereof), except for a non-exclusive license which is granted on the basis of this Agreement. Nothing in this Agreement constitutes an assignment of intellectual property rights of the Administration or a waiver of these rights on the basis of applicable law.
3.7. The right to use the Service on the basis of a simple (non-exclusive) license granted on the basis of this Agreement remains in effect until revoked by the User.
4.1. The Service, its content, parts, and individual components (including, but not limited to: software, mobile application, website, databases, program codes, know-how, algorithms, design elements, fonts, logos, as well as text, graphic, and other materials) are objects of intellectual property protected in accordance with Russian and international legislation. Their use is allowed only on the basis of the permission of the Administration.
4.2. The license is valid in the territories of the Russian Federation, the European Union and the rest of the world.
4.3. The license provided in accordance with this Agreement can be revoked in the manner prescribed by law for refusal to perform under the license agreement.
4.4. The right to use the Service includes the right to reproduce the Service or individual sections of its code on the User’s end device (computer, smartphone, tablet, etc.) for the purpose of caching and launching using the target operating system to use the Service in accordance with its purpose.
4.5. The right to use the Service does not include the right to make a copy of it.
4.6. Use of the Service in accordance with the Agreement may also have other limitations in functionalities specified in the User documentation of the Service.
4.7. The right to use the Service provided to the User under this Agreement implies the right to receive regular updates of the Service within one version (minor updates of the current release which are not a new version) and new versions of the Service (major updates, new releases which are a new version) if available.
4.8. The User agrees that he/she has no right (including no right to allow anyone) to modify, create derivative works, disassemble the Service into its constituent codes, reverse engineer, decompile or otherwise try to obtain the source code of the Service or any part of it except in cases when there is a written permission from the Administration to perform such actions. Otherwise, the User bears full responsibility for such actions provided for in this Agreement, as well as by international and Russian legislation.
4.9. This Agreement does not provide for the transfer of intellectual property rights of the Administration (or part thereof), except for a non-exclusive license which is granted on the basis of this Agreement. Nothing in this Agreement constitutes an assignment of intellectual property rights of the Administration or a waiver of these rights on the basis of applicable law.
4.10. The Agreement governs the relationship solely on the use of the Service in accordance with its purpose.
4.11. The User must use the Service in accordance with its purpose and functionalities and in strict accordance with the regulatory legal acts of the Russian Federation and the country of residence of the User.
4.12. In order to register on the Service and create an Account, the User must provide the following data:
When registering on the Service, the User is obliged to come up with and enter a unique username and password used to log in to the Service in subsequent times of the User session. Password can be recovered after registration by sending a request and entering a new password sent to the User’s e-mail specified during registration. The Administration has the right to establish special requirements for a unique username and password entered on the Service.
4.13. Any actions performed using the registration system specified in clause 4.4 of this Agreement are considered performed by the User or the Agent acting on behalf of the User. The User is solely responsible for all actions and their consequences within and/or in connection with the execution of the Agreement under his account, including the cases when the User transfers data for access to third parties on any terms.
4.14. The User session is valid until the User is forced to leave the Service.
4.15. The User is allowed to add several Agents for the purpose of collective use in accordance with the Purpose of the Service.
4.16. When adding an Agent, he/she acquires the status of a User and is considered to have accepted this Agreement.
4.17. When performing the initial User Authorisation, in order to analyse the data, the User is given the opportunity to fill in the following data in the web form on the Service:
The list of data specified in clause 4.17 in the web form on the Service may change at the initiative of the Administration without prior notice to the User.
4.18. If it is necessary to add the Agent to the Account, the User fills in the following data on the Service:
4.19. All actions performed by the User or the Agent from the User’s Account are considered to have been performed by the User. In the event that the User finds unauthorized access to the Account, he/she is obliged to notify the Administration by sending an email to email@example.com. In accordance with the License Agreement for Paid Use of the Service located at www.bothelp.io, the Service provides the ability to pay for the functionalities of the Service on the basis of tariffs located at https://bothelp.io/ru/price/.
5.1. This Agreement is concluded between the Parties for up to 15 (fifteen) calendar days. In case of payment for the Service and accepting the terms of the License Agreement for Paid Use of the Service, this Agreement is considered concluded for an indefinite period. The current version of the Agreement is posted on the Internet at the address: https://bothelp.io/user-agreement/
5.2. The Administration reserves the right to unilaterally and without prior notice to users change the terms of the Agreement by posting the final version of the Agreement on the website at the above address. The provisions of the new version of the Agreement become binding on all previously registered Users of the Service from the date it enters into force.
5.3. If the User deletes the Account, then this is considered as a refusal to use the Service and out-of-court unilateral termination of this Agreement on the initiative of the User from the moment its deleted. The User can delete the Account only upon a personal request sent to the email address firstname.lastname@example.org. The decision to delete the Account is made individually by the Administration for each such request from the User.
5.4. Termination of this Agreement means its termination in its all meanings, including and in relation to the agreement between the participants of electronic interaction. Upon termination of such an Agreement, the User is considered to have stopped electronic interaction with other participants.
5.5. If the Agreement expires in accordance with clause 5.1 of the Agreement without further acceptance of the terms of the License Agreement for Paid Use of the Service, the User is not allowed to further use the Service.
5.6. The Administration has the right to delete the User’s account if it’s not used within 50 (fifty) calendar days, in case of the absence of acceptance of the terms of the License Agreement for Paid Use of the Service. Non-use means the absence of data in the archive system of the Administration about the User’s authorization.
6.1. The Administration guarantees that it has all legal grounds for providing the User with the right to use the Service under this Agreement. All rights to the Service and its constituent components belong to the Administration or to other copyright holders who have granted the Administration a non-exclusive license with the possibility of sublicensing including under an open license.
6.2. The Administration undertakes to make all reasonable efforts to ensure the stable operation of the Service, its gradual improvement, and correction of errors in the operation, however, the Service is provided to the User ”as is”. This means that the Administration:
6.3. The Administration undertakes to provide the User with the right to use the Service as part of a free non-exclusive license.
6.4. The Administration undertakes to provide the User with additional options for using and paying for the services of the Service, in accordance with the Offer Agreement for the provision of design services.
6.5. The administration has the right at any time, unilaterally and without prior notice to the User, to limit, expand or change the content of the Service.
6.6. The administration has the right to refuse registration and use of the Service in the cases provided for by the Agreement.
6.7. The Administration has the right to send messages to the User containing organizational and technical information about the operation of the Service, information about the Service and/or other information within the Service.
6.8. The Administration has the right to immediately block the User’s ability to use the granted rights to the Service if the User violates the terms of this Agreement or if the Administration considers the User’s actions to be fraudulent or aimed at damaging the Service, undermining the reputation or brand of the Administration.
6.9. The Administration has the right to send in any way organizational and technical information, information about the operation of the Service, as well as post advertising, informational and other messages inside the Service, and by accepting the terms of this Agreement, the User confirms the consent to this.
6.11. The Administration has the right to transfer the rights and obligations under this Agreement to third parties in order to execute this Agreement without the additional consent of the User.
6.12. The Administration has the right to hold maintenance breaks in providing access to the Service which are considered as providing access to the Service in a regular mode and are not a basis for making claims from the User. Maintenance breaks do not exceed 8 hours in one calendar month and are held at night (from 22:00/10 PM to 08:00/8 AM Moscow time).
6.13. The Administration has the right to request from the User the information required when providing technical support to the User’s Account including account data and technical characteristics of the User’s devices.
7.1. The User has the right to use the Service in the ways not prohibited by this Agreement and the applicable international and Russian legislation in accordance with its purpose and within its features.
7.2. In case there are any technical problems in the Service, the User has the right to contact the Administration to clarify the situation and take the necessary measures.
7.3. The User has the right to have his/her personal data kept safe, as much as it depends on the Administration in accordance with the applicable international and Russian legislation.
7.4. The user undertakes to properly comply with the terms of this Agreement and the current legislation of the Russian Federation, as well as the rights and legitimate interests of the Administration.
7.5. The User is obliged to refrain from taking actions aimed at destabilizing the operation of the Service, making attempts to unauthorized access to the Service, its parts, and code, as well as from performing any other actions that violate the rights of the Administration or third parties.
7.6. The User undertakes not to try to disable or otherwise interfere with any technical protection of the Service.
7.7. The User agrees not to try to change or modify any part of the Service.
7.8. The User undertakes not to use the Service in ways not provided for in this Agreement.
7.9. The User undertakes to ensure protection of all his devices (used for accessing the Service) against viruses and other malicious programs.
7.10. The User undertakes to compensate for losses (real damage/lost profits) and/or for violation of the Administration’s exclusive rights to the Service.
7.11. The User agrees to reimburse the Administration for any losses incurred by the Administration in connection with the User violating this Agreement and the rights of other Users, third parties (including intellectual, informational, etc.) when using the Service.
8.1. For the execution of this Agreement, the Administration may involve third parties.
8.2. The User confirms that these third parties are granted the same rights as the Administration, including with respect to the personal data of the User.
8.3. The User guarantees to not take any action aimed at causing damage to the Administration or other persons.
8.4. In case of violation of the rules for using the Service specified in this Agreement, as well as in case of violation of clause 8.3. of this Agreement, the User undertakes to reimburse the Administration for the harm caused by such actions.
8.5. The Administration is not responsible for negative consequences and losses resulting from events and circumstances beyond its competence, as well as for possible illegal actions of the User or third parties.
8.6. The Administration is not responsible in case it is impossible to fulfill obligations due to inaccuracy, inadequacy, or untimely information and documents provided by the User, or if the User violates the terms of this Agreement or the requirements for the information and documents provided.
8.7. Under no circumstances will the Administration be liable to the User or any third parties for any indirect damage, including lost profits or lost data, damage to honor, dignity or business reputation caused by the use of the Service.
8.8. The Administration is not responsible to the User or any third parties for:
8.9. If the User uses the Service not in accordance with the terms of this Agreement or violates any terms of this Agreement, the Administration has the right to refuse to execute this Agreement.
8.10. The User’s account may be deleted or blocked without prior notice to the User in case the User violates the rules regarding the methods of using the Service in accordance with the terms of this Agreement.
9.1. Within the meaning of this Agreement, confidential information is any information, including business related, technical and financial information disclosed by any of the Parties in the form of documents, as well as other information marked by the Parties as confidential.
9.2. The Parties undertake to maintain the confidentiality of all information transmitted to each other both through secure and unprotected communication channels, regardless of the presence or absence of markings indicating the status of confidentiality of the transmitted information, except when such disclosure occurred for reasons beyond the control of the Parties, as well as except cases stipulated by the current legislation.
9.3. The disclosure of confidential information within this Agreement means the action or inaction of one of the Parties to the Agreement, as a result of which confidential information becomes known to third parties without the consent of its owner. In this case, the form of disclosure of confidential information to third parties (oral, written, using technical means, etc.) does not matter.
9.4. Disclosure of confidential information at the legal request of law enforcement and other authorized state bodies and officials is not considered a violation of confidentiality if it’s disclosed in cases and the manner prescribed by applicable law.
9.5. In case confidential information is disclosed to such authorities and/or persons, the disclosing Party shall in writing notify the owner of the confidential information about the fact of the disclosure, its contents, and the authority to which they were disclosed, no later than 2 (two) business days from the date of disclosure.
9.6. Confidentiality obligations are valid for an unlimited period.
9.7. Notices to the media, public announcements, and other notices concerning this Agreement may be made with the prior written consent of the other Party.
10.2. By registering, putting an appropriate mark in the check-box, pop-up window, etc. in pursuance of the requirements of the Federal Law “On Personal Data”, the User provides the Administration with its consent to the processing of his/her following personal data:
10.3. As part of the given consent, the Administration is granted the right to perform any actions with the User’s personal data, including but not limited to: collection, systematisation, accumulation, storage, clarification (update, change), use, transfer, depersonalisation, blocking, destruction, transfer (including cross-border transfer) of personal data to the Administration’s partners, in particular to the website hosting provider and the operator of the electronic platform for the distribution of the mobile application, as well as the implementation of other necessary actions with personal data, taking into account the current legislation.
10.4. It’s allowed to process the User’s personal data using the following main methods (but not limited to): storage, recording on electronic media and their storage, listing, labelling.
10.5. It’s allowed to process the User’s personal data without the use of automation tools in accordance with applicable law.
10.6. The User’s personal data within this Agreement is processed by the Administration without the use of automation tools, since such actions as the use, refinement, distribution, destruction of personal data in relation to the User are done with the direct participation of a person.
10.7. The personal data provided by the User while using the Service in accordance with the Agreement is processed on the basis of clause 5 of part 1 of article 6 of the Federal Law “On personal data” related to the need to conclude and execute this Agreement to which the User is a party.
10.8. In accordance with this Agreement, the User’s personal data is processed without notifying the authorized body for the protection of the rights of personal data subjects in accordance with Part 2 of Article 22 of the Federal Law “On Personal Data”, since:
User’s personal data obtained by the Administration is processed without the use of automation means which means with the direct participation of a person in accordance with federal laws or other laws, statutes, codes, rules, regulations, and requirements of the Russian Federation establishing requirements for ensuring the security of personal data during its processing and for observing the rights of personal data owners.
11.1. The Service might contain links or provide access to other websites on the global Internet (third party sites) and content posted on these sites which is the result of the intellectual activity of third parties.
11.2. These websites and the content posted on them are not checked by the Administration for compliance with the requirements of the legislation of the Russian Federation, as well as the laws of other countries.
11.3. The Administration is not responsible for any information or content posted on third-party websites to which the User gains access, including, but not limited to, any opinions or statements expressed on third-party websites.
11.4. The User confirms that from the moment the User clicks on a link to a third party’s website, the relationship between the Administration and the User is terminated, this Agreement does not further apply to the User and the Administration is not responsible for the accuracy of the information posted on third-party websites, the User’s use of content, the legality of such use and the quality of content posted on third party sites.
12.1. The rules provided in this section are an agreement between the Parties to this Agreement, as between the participants (parties) of electronic interaction in the manner of Article 6 of Federal Law No. 63-FZ “On Electronic Signatures” dated April 6, 2011, establishing cases of recognition of electronic documents (including primary accounting documents) signed with a simple electronic signature, equivalent to paper documents signed with a handwritten signature.
12.2. Information in electronic form, in the form of an electronic document, or electronic message is legally valid only if it is directed to the specified in this Agreement email address of the addressee from the email address of the sending party or using the Party’s Account of the Service.
12.3. When transferring information in the form of electronic files, the Checksum value can be used to confirm their authenticity (invariability).
12.4. For the purposes of this Agreement, information in electronic form sent by one party from its email address to the email address of the other party is considered signed by a simple electronic signature in the form of an email address (login) which is contained in the electronic message itself, a simple electronic signature key (pair login and password) is applied in accordance with the rules established by the operator of the email service, and the email contains information indicating the party on whose behalf the email is sent.
12.5. For the purposes of this Agreement, information in electronic form sent by one party to another party through the Account in the Service is considered signed by a simple electronic signature in the form of a User identifier in the messenger which is contained in the email itself, the key of a simple electronic signature (pair login and password) is applied in accordance with this Agreement and the message contains information that identifies the Party on whose behalf the message was sent.
12.6. Information in electronic form, signed by a simple electronic signature of the sending party, is recognized by the parties as an electronic document equivalent to a paper document signed by the handwritten signature of the corresponding party. All documents, notifications and messages sent by the Parties to each other in the manner as described in this section are recognized as official correspondence under this Agreement, and have the legal value of a written document. Messages sent from the corresponding e-mail address or from the User’s login in the Account are considered messages from the relevant Party to this Agreement. Scanned images of documents signed by the Parties (contracts, additional agreements, annexes, acts, notifications, claims and other documents) are equivalent to paper documents with personal signatures of the Parties.
12.7. Each of the parties undertakes to maintain the confidentiality of the key of a simple electronic signature in the form of a login and password from the information system of the operator of e-mail services, messengers, and Personal Accounts. In case of unauthorized access to the specified login and password, their loss, or disclosure to third parties, the party is obliged to immediately inform the other party about this and take measures to restore access and/or change the login and password.
12.8. The use of a simple electronic signature for signing primary accounting documents in electronic form is allowed until the adoption in pursuance of clause 4 of part 3 of article 21 of the Federal Law No. 402-FZ “On accounting” dated 06.12.2011 of the corresponding federal accounting standard, which will establish the types of electronic signatures used to sign accounting documents. In case the relevant accounting standard prohibits the use of a simple electronic signature for signing primary accounting documents in electronic form, this section of the Agreement shall terminate without termination of the Agreement as a whole.
12.9. Instead of using a simple electronic signature to sign electronic documents, the Parties have the right to use an enhanced encrypted and certified digital signature in accordance with the legislation of the Russian Federation. The parties acknowledge the legal value of documents signed with an enhanced encrypted and certified digital signature, sent both in the manner described in this section and through electronic document management systems (for example, Kontur.Diadok, Tenzor SBIS, etc.).
12.10. This Agreement, notifications, claims, other documents and electronic messages sent by the Parties to each other may contain links to information resources on the Internet (websites, website pages, etc.). The Party is obliged to inform the other Party if it’s impossible to open any received link, in case there’s an error, if any necessary information lacks or is inconsistent with the previously agreed information when clicking on the received link within 3 (three) days from the receipt of the link, otherwise, the Party that sent link, has the right to believe that the other Party has gained access to the information provided by the Party that sent the link after clicking on such a link and has no objection to this fact.
13.1. Documents, notifications and messages under this Agreement may be sent in the form of a paper document or written electronic document in accordance with the agreement between the participants of the electronic interaction given in the section “Agreement between the participants of electronic interaction” of this Agreement. In particular, by sending an e-mail to the corresponding e-mail address, by sending a message via a messenger or by exchanging messages via the Service.
13.2. Any message shall have legal force only if it is sent by one of the Parties to the other Party through the Personal Account and (or) to the postal or e-mail addresses specified in the Agreement, in the User’s Personal Account, upon the User’s personal request to the Administration with the presentation of an identity card.
13.3. Any message can be delivered in person or sent by registered mail and will be considered received:
13.4. The current version of the Agreement is posted on the Internet at the address: https://bothelp.io/user-agreement/ .
13.5. The Administration reserves the right to unilaterally and without prior notice to the Users change the terms of the Agreement by posting the final version of the Agreement at the above address 10 (ten) days before the changes enter into force. The provisions of the new edition of the Agreement become binding on all previously registered Users of the Service from the date of its entry into force.
13.6. The User confirms that he/she has read all the provisions of the Agreement, understands and accepts them.
13.7. In its meaning and content this Agreement is a mixed agreement containing elements of an agreement on the provision of a simple (non-exclusive) license to use the Service as software, concluded based on clause 5 of Article 1286 of the Civil Code of the Russian Federation in a summary procedure by joining the Agreement as a whole, as well as the agreement between the participants of electronic interaction provided for by the Federal Law No. 63-FZ “On Electronic Signature” dated of April 6, 2011, concluded also by joining the Agreement as a whole in accordance with Article 428 of the Civil Code of the Russian Federation.
13.8. The legislation of the Russian Federation is applicable to this Agreement.
14.1. All disputes connected to the Agreement shall get settled in accordance with the legislation of the Russian Federation.
14.2. In case of a dispute, the party will take measures for its pre-trial settlement by sending a written claim (demand) to the other party.
14.3. Any claims (demands) of the User shall be sent to the Administration by an electronic message in the ways described in the sections “Legal communication” and “Agreement between the Participants of Electronic Interaction” of this Agreement. The Administration is not responsible and does not guarantee answers to claims sent to it in any other way.
14.4. The Administration undertakes to review the claim within 10 (ten) business days and send a response in the same way as the claim was received. At the same time, the Administration does not consider the claims of the Users, whom it is not possible to identify on the basis of the data provided by them during Registration (including anonymous claims). If the User does not agree with the reasons given by the Administration in response to the claim, the dispute settlement procedure is repeated.
14.5. If the parties are unable to settle the dispute in an out-of-court procedure, then it can be submitted for resolution by the state court at the location of the Administration after 30 (thirty) calendar days from the date of the initial claim (demand), for resolution in accordance with the requirements of Russian law.