Date of publication and entry into force: 15.02.2019
Using the mobile application “AiGram Messenger” (hereinafter referred to as the Application), which is a branch project (fork) of the Telegram messenger, which operates on the basis of its open API, has additional functionality and design elements, the user (hereinafter referred to as the User) accepts this agreement (hereinafter referred to as the Agreement) regulating the rules for using the Application, the procedure for purchasing paid services in the Application, the responsibility of the parties and other relations related to the use of the Application.
Due to the feature of the Application and the direct relationship with the servers and the Telegram equipment, the User accepts as a fact, and the Rights Holder responsibly declares that it does not store, does not intend to store in the future, and does not process the personal data of the Application Users. All personal information of Users is transmitted and processed on servers and equipment of Telegram.
1. TERMS AND DEFINITIONS
- 1.1. According to the text of the Agreement, as well as in connection with the relationship between the Rights Holder and the Application User, the following terms and definitions apply.
- 1.1.1. User - a capable adult physical person (or legal representative of a minor), who has passed the registration procedure in the Application, has civil law and capacity, is able, in accordance with the legislation of the Russian Federation, to acquire rights and bear obligations on its behalf and act as a party to the Agreement.
- 1.1.2. Store - application store “App Store” or “Google Play Market” (depending on the device of the User), through which the User installed and launched the Application on his device.
- 1.1.3. OLAi – A computer program built into the Application (neurobot) that mimics a person’s speech behavior when communicating with one or more people in an Application chat.
- 1.2. Other terms used in the Agreement and / or in relations arising from it are subject to interpretation in accordance with the legislation of the Russian Federation, and in the absence of their interpretation in the legislation in accordance with the customs of business and scientific doctrine.
2. GENERAL PROVISIONS
- 2.1. When using the Application, the User undertakes to comply with the Agreement, with all its integral parts, including the current legislation of the Russian Federation and international agreements, the rules of the Shops, other legal acts interrelated with the functioning of the Application.
- 2.2. The Rightholder has the right, without the consent of the User, to involve third parties to fulfill the obligations under the Agreement, while remaining responsible for their actions to the User.
- 2.3. The user undertakes to timely and independently familiarize himself with the current version of the Agreement. In case of disagreement of the User with the current edition of the Agreement, the User is obliged to stop using the Application.
- 2.4. The User undertakes not to use possible errors of the software part of the Application in order to gain an advantage over other Users. The user undertakes to immediately report all errors he has identified in the Application to the Rights Holder.
- 2.5. The user is responsible for the security of his account in the Application, and is obliged to take measures independently to ensure its security.
- 2.7. The User acknowledges and agrees that he should independently assess all risks associated with the use of the Application, including an assessment of the reliability, completeness or usefulness of the information contained in the Application.
3. REGISTRATION IN APPLICATION
- 3.1. After downloading the Application to his device from the Store, the User installs the Application, launches it and goes through the registration procedure in the Application.
- 3.2. In order to complete the registration, after installing the application from the Store, the User needs to associate his device with the Telegram database, for which he needs to perform one of the following actions:
- 3.2.1. Enter the code that came to any active “Telegram” of the User (both the mobile application and the stationary version for the personal computer);
- 3.2.2. Enter the code from the SMS message.
- 3.3. Registration and entry into the Application is carried out using the Telegram service. The service of registration and authorization of the User in the Application works exclusively with the help of the equipment and servers of Telegram.
- 3.4. The User is obliged to immediately notify the Rights Holder of any case of unauthorized (not permitted by the User) access to the User account and / or any violation (suspicion of violation) of the confidentiality of their means of access to the account in the Application. The Rightholder is not responsible for possible loss or damage to data, as well as other consequences of any nature that may occur due to a violation of the provisions of the Agreement by the User.
4. LINK TO TELEGRAM
- 4.1. The application is developed on the basis of the Telegram API, accessible via the https://core.telegram.org/api link, which has open source code. The peculiarity of the Application is that all the functional features of the “Telegram” are saved in it, as well as new ones that are not included in the “Telegram”, such as the use of OLAi, are added.
- 4.2. It is impossible to access the User’s personal information through the equipment and / or the Copyright Holder’s server, since all user information is stored on its device and on the Telegram equipment.
- 4.3. The sole function of the server hardware of the Rightholder in the Application is to store information about OLAi, as well as their estimates, the number of installations and other information about OLAi, which will be displayed in the Store.
- 4.4. The Rightholder shall update the functional features of the Application no later than 10 (Ten) days from the date of the release of the corresponding Telegram updates.
- 4.5. All cloud storage used in the Application belongs to the “Telegram”, the entire history of correspondence, contacts, files, media of the User is stored in his account and is displayed both in the Application and in the “Telegram”. This, in fact, is a single database.
- 4.6. The main difference of the Application from “Telegram” is the possibility of using OLAi, as an additional functionality, working on top of the existing one in “Telegram”.
5. SHOPPING AND USING OLAI
- 5.1. OLAi available in the application interface are divided into paid and free.
- 5.2. Any OLAi may be updated and / or deleted at any time on the initiative of the Rightholder and for objective reasons. No prior notice to the User of the update and / or removal of the free OLAi is required. In case of removal of the OLAi paid by the User, the Rights Holder shall have the right to provide the User with the opportunity to choose the same OLAi from among those functioning, at no additional charge. The User undertakes to inform the Rightholder about his choice. After updating OLAi, the User needs to update the Application on his device.
- 5.3. The purchase of OLAi is carried out according to the “as is” principle, that is, from the moment the access to the OLAi is granted, the service is considered to be rendered. The fact of non-use of OLAi does not affect the financial relations of the parties under the Agreement. The Rightholder is not obliged to refund if the User does not use the purchased OLAi
- 5.4. Any payment in the Application is carried out in accordance with the interface of the respective Store and according to its rules.
- 5.5. The cost of any paid OLAi, as well as other conditions for acquiring OLAi (for example, a paid subscription, etc.) are presented in the Application interface.
- 5.6. The current version of OLAi, which is available to the User, is not subject to change, this means that OLAi does not analyze the User’s correspondence and does not “complete its education” during its use, does not transmit correspondence for analysis, etc.
- 5.7. The User, at his own discretion, decides on the use of OLAi with his interlocutors and bears full responsibility for its use before other Users. The right holder does not create abusive or slanderous messages during the development of OLAi, however, it does not control the User’s correspondence process, so some expressions proposed by OLAi may seem to other Users unacceptable. Under no circumstances is the Rightholder responsible for the User’s correspondence, does not keep it, does not have access to it.
6. SIMPLE ELECTRONIC SIGNATURE
- 6.1. By virtue of part 2 of Article 5 of the Law on Electronic Signature, a simple electronic signature is an electronic signature, which, by using codes, passwords or other means, confirms the fact that an electronic signature has been generated by a certain person. Thus, any actions of the User using the login and password to his account in the Store and / or to the account in the Application confirm the fact of the formation of a simple electronic signature directly by the User.
- 6.2. Electronic documents and messages signed with a simple electronic signature are recognized as equivalent documents on paper, signed with a handwritten signature.
- 6.3. The user undertakes to respect the confidentiality of his electronic signature and bears full responsibility for its safety and individual use, independently choosing the method of their storage and restricting access to it.
7. LIMITATION OF LIABILITY
- 7.1. The User understands and unconditionally agrees that he uses the Rights Holder's services under the Agreement solely at his own risk and that the services are provided to the User on an “as is” and “as available” basis, namely the Rights Holder does not declare or guarantee that: - Services will meet the requirements of the User; - services will be provided continuously, timely, safely and without errors; - any information received by the User as a result of using the services will be full-time and reliable; - defects in the work or functionality of any software as part of the Application will be corrected in the expected time of the User.
- 7.2. The User also understands and agrees that all Application services are provided “as is” and that the Rights Holder is not responsible for any delays, malfunctions, incorrect or untimely delivery, deletion or failure of any user personal or other information.
- 7.3. “Telegram” is responsible for the quality of communication services presented in the Annex, the copyright holder “Telegram”. All claims for quality and term of service.
- 7.4. Access to downloaded malware in the application.
- 7.5. The Rightholder is not responsible for the loss of User data.
- 7.6. The user agrees that the Application meets its requirements.
- 7.7. Rights holders or their representatives are not responsible for users or from third parties, for any indirect, incidental, unintentional damages, including enhanced outcomes or lost data, harmful conditions, value or business reputation arising in connection with the use of applications, the contents of All, what can be done is access to help.
- 7.8. In any case, the responsibility of the Rightholder in accordance with article 15 of the Civil Code of the Russian Federation is limited to 10,000 (Ten thousand) rubles of the Russian Federation and is imposed on him if there is guilt in his actions.
8. INTELLECTUAL PROPERTY
- 8.1. The design elements, all OLAi and other objects missing in the Telegram interface are subject to the exclusive rights of the Copyright Holder.
- 8.2. The user is granted a personal non-exclusive and non-transferable right to use the Application on his device, provided that neither the User himself nor any other persons with the assistance of him will: - copy or modify the software; - create software-derived programs; - penetrate the software in order to obtain program codes; - violate the rights of third parties; - to sell, assign, lease, transfer to third parties in any other form the rights with respect to the software provided to the User under the Agreement; - modify services, including in order to obtain unauthorized access to them.
- 8.3. The User is strictly prohibited to use OLAi, both as a whole and as a separate part (for example, images, OLAi images) outside the interface of the Program. In the event that a violation of this condition is found, the Rights Holder has the right to seek compensation for violation of the license for OLAi in the amount of 10,000 to 5,000,000 rubles at its discretion, depending on the nature of the violation.
- 8.4. In the event of the discovery of a violation of intellectual property rights, the respective copyright holder shall, in the pretrial order, send an application to the Rights Holder by e-mail: email@example.com. The application is submitted by an authorized person, a copy of the document is attached to the application (in written or electronic form) confirming his authority.
- 8.5. In case of detection of incomplete information, inaccuracies or errors in the application, the Rights Holder submits to the applicant within 24 (twenty four) hours from the date of receipt of the application a notification on the clarification of the submitted information. This notification may be sent to the applicant once. Within 24 (twenty four) hours from the moment of receiving the notification, the applicant takes measures aimed at filling the missing information, elimination of inaccuracies and errors, and sends the specified information to the Copyright Holder.
- 8.6. Within 24 (twenty four) hours from the moment of receipt of the application or information specified by the applicant (in the case of notification to the applicant), the Rights Holder removes the intellectual property from the Application, the rights to which have been violated.
- 8.7. If the Rightholder has evidence confirming the legality of placing information containing the object of copyright and (or) related rights in the Application, the Rightholder has the right not to take measures to remove such information on the application, and sends the applicant a corresponding notice with the above evidence.
9. FINAL PROVISIONS
- 9.1. All disagreements or disputes that may arise between the parties to the Agreement should be resolved in the pretrial order through negotiations, the sending of claim letters. The deadline for responding to a claim is 10 (ten) business days. Claims of the User are accepted and considered by the Copyright Holder only in writing.
- 9.2. If agreement for any reason is not reached during the pre-trial settlement, the dispute arising from the Agreement shall be considered by the Arbitration Court of the Krasnodar Territory.
- 9.3. The law of the Russian Federation applies to the relations of the parties under the Agreement. Acceptance of the Agreement by a foreign User means that the text of the Agreement is understandable to him and does not need translation. If necessary, the translation of foreign users undertake to translate into the language they need on their own and at their own expense. In case of discrepancies between the Russian-language and foreign versions of the Agreement, priority arises from the Russian-language version.