User Agreement

This user agreement (hereinafter – the “Agreement”) is an offer (public offer) of IE Sekirov E.I. (INN 246519345305, OGRNIP 318246800051669) to conclude a contract for providing access to the service “Wazzup” on the following conditions.

 

1. Terms and definitions used 

 

1.1. For the purpose of unambiguous interpretation of this Agreement, the following terms shall be used in the following meaning:

Wazzup (hereinafter – “Wazzup”, “Service”) – an online service located on the website at https://wazzup24.com/ and allowing you to correspond with WhatsApp using CRM (amoCRM, Bitrix24, planfix, etc.), support services and other systems.  Use of Wazzup is governed by this Agreement.

Right holder – Individual entrepreneur E.I. Sekirov (TIN 246519345305, OGRNIP 318246800051669, registration address: 660135, Krasnoyarsk Territory, Krasnoyarsk, Vzletnaya St., 36, 77), holder of exclusive rights to Wazzup, as well as its authorized representatives.

User – an individual or organization acting through its representative, who is granted access to Wazzup.

Parties – the Right Holder and the User.

Access – right, granted to User by the Right Holder for payment, to use Wazzup functionality, intended for Users.

1.2. The terms, which are not defined in clause 1.1 of this Agreement, may be used in this Agreement. In this case, such term shall be interpreted in accordance with the text of the Agreement. In case there is no unambiguous interpretation of the term, the term shall be interpreted as defined: first of all – by the legislation of the Russian Federation, secondly – on the website https://wazzup24.com/, then – by the established (commonly used) in the Internet.

1.3. By entering into this Agreement, the User acknowledges that the use of the Service will not be performed for personal and/or family needs unrelated to business activities.

 

2. Subject of the Agreement and terms of the Access

 

2.1. The subject of this Agreement is the provision by the Right Holder to the User for a fee Access to the use of Wazzup functionality for WhatsApp correspondence from within CRM (amoCRM, Bitrix24, planfix, etc.), support services and other systems. In addition, the Licensor provides technical support to Users on the use of Wazzup. The joining of the User to this Agreement shall be carried out according to the following procedure. 2.7. of this Agreement.

2.2. Owner of the Right provides support of the following Wazzup functions:

1) Maintenance of messages status: sent to the system / delivered to the client / read by the client;

2) Reception and sending of files, voice messages and images – as in the integrated application;

3) Notification system: sent to/from the client/read by the client; 2) Receiving and sending files, voice messages and images – as in the integrated application; 3) Notification system;

4) Multiuser interface;

5) Full-featured API (access on demand).

2.3. Wazzup functionality can be extended or reduced as the Service develops. Up-to-date information about Wazzup features is published at the site: https://wazzup24.com/.

2.4. The present Agreement within the meaning of Art. 1235 of the Civil Code of the Russian Federation is a license agreement.

2.5. While registering in the Service and using Wazzup, the User assures that he will use Wazzup exclusively on the terms of this Agreement, as well as solely for business purposes to simplify business processes, without the right to use Wazzup to meet personal, family, home, household and other needs not related to business activity of the User.

2.6. The User uses Wazzup at its own risk. The User is independently responsible before the third parties for its actions connected with the use of Wazzup, including if such actions will result in violation of its rights, stipulated in this Agreement.

2.7. The present Agreement is concluded by full and unconditional acceptance (acceptance) of its conditions by registration on the page: https://app.wazzup24.com/ as User with assignment of unique identification code (login) and password to the User. Payment Access is an additional confirmation of acceptance of conditions of the present Agreement.

2.8. Before accepting this Agreement, the User shall be obliged to familiarize himself with its terms and conditions and tariff plans, posted by the Right Holder on the website at https://wazzup24.com/pricing/. The Title Holder has the right to make changes in the tariff plans, and the changes for the User come into force from the end of the previous paid period of the Service use.

2.9. The User is responsible for safety and confidentiality of registration data: login and password. All the actions performed with the User’s login and password are considered performed by the User. The User is independently responsible before the third parties for all actions performed with the login and password of the User. The Right Holder shall not be responsible for unauthorized use of registration data of the User by third parties.

2.10. In order to use Wazzup it is necessary to have a computer, other technical device providing access to the Internet. All the issues of acquiring the Internet access rights, purchasing and setting up of the corresponding equipment and software products for this purpose are to be solved by the User independently and are not regulated by this Agreement.

2.11. To integrate WhatsApp with the User’s systems, the User shall be registered with WhatsApp, have a cell phone number tied to WhatsApp.

2.12. The User understands and agrees that the service is provided “as is” (including any further development and modification) and that the Rightholder is not responsible for any delay, failure, incorrect or untimely delivery, deletion or failure to preserve any user personal information.

2.13. The access is provided only within the prepaid period of time in accordance with the tariffs published on the website at https://wazzup24.com/pricing. Upon expiry of this period and in the absence of a written claim of the User upon expiry of 3 days from the date of expiry of the Access period, the obligations of the Right Holder to provide access to the Service and to maintain the operation of the Service shall be deemed duly fulfilled in accordance with the chosen tariff.

2.14. While providing the Access to Wazzup, it is prohibited to violate information security of the Service, including:

  • Attempt to check Wazzup security system vulnerability, violation of registration and authorization procedure without the Licensor’s permission;
  • imitation and/or forging of any header of TCP/IP package or any part of header in any e-mail or material placed on the service;
  • access, use, copying, adaptation, modification, performance of derivative works, distribution, transfer, demonstration, performance or other use of Wazzup by inadmissible or unauthorized ways or ways, which create load on services, worsen their work or harm our users or other persons;
  • reverse engineer, change, modify, create derivative works, decompile or extract code from Wazzup;
  • sending, storing or transferring viruses or other computer code through Wazzup;
  • obtaining or attempting to obtain unauthorized access to Wazzup;
  • interfering with the work or violating the integrity or operation of Wazzup;
  • receiving information from users or about users of Wazzup in inadmissible or unauthorized ways;
  • sale, resale, lease of Wazzup account, other actions carried out with the purpose of profit making as a result of distribution of personal access to the service;
  • creation of software or API, whose functions essentially coincide with those of Wazzup, and offer them for use by third parties.

2.15. Technical support and advice on the use of the Service is provided on the page: https://wazzup24.com/contact/.

2.16. User recognizes that all rights to Wazzup belong to the Right Holder, and User and other persons have no right:

  • copy or change Wazzup and its components;
  • create programs, derivatives of Wazzup;
  • penetrate into Wazzup software;
  • use Wazzup for other purposes than stipulated in this Agreement;
  • modify Wazzup, including for the purpose of obtaining unauthorized Access;

 

3. Rights and obligations of the Parties

 

3.1. The owner of the right is obliged:

3.1.1. Provide the User with Access to Wazzup functionality through the client web-interface using User’s login and password with consideration of limitations and exceptions specified in this Agreement. In this case the Owner of the Right shall not be liable in case of impossibility of using Wazzup functionality by the User due to reasons beyond the control of the Owner of the Right;

3.1.2. Send accounts and acts to User on the basis of information provided by User;

3.1.3. Provide the User with the Access to the Service within 1 working day from the moment of receiving the payment at the corresponding tariff.

3.2. The Right Holder has the right:

3.2.1. Receive remuneration from the User for providing access to Wazzup under the terms and conditions of this Agreement;

3.2.2. Use User’s data in impersonal form that doesn’t allow receiving personal data and confidential information of the User by third parties for improving Wazzup activity;

3.2.3. At any time without the User’s consent or notice, change the design of the Service, its functionality, change or supplement the scripts, software and other objects used or stored on the Site, any server applications;

3.2.4 If necessary, send to the User by e-mail messages concerning the use of Wazzup. In this case the Right Holder will never request in such letters the confirmation of information containing personal information;

3.2.5. To change the conditions of this Agreement and tariff plans on the conditions of item 2.8 and item 2.9 of this Agreement;

3.2.6. Restrict Access to users on conditions of the present Agreement, set additional restrictions on use of Wazzup, and also change such restrictions at any time;

3.2.7. Temporarily suspend provision of the Access to User due to technical, technological or other reasons while elimination of such reasons;

3.2.8. Suspend granting of the Access and/or terminate the Agreement prematurely according to clause 7.3 of this Agreement.

3.2.9. Close the Service at any time without prior notice to the Users. In this case the Licensor shall not bear any responsibility for termination of Access to Wazzup;

3.2.10. In case if User provides incorrect information or if Owner of the Rights has reasons to believe that information provided by User is incorrect, incomplete or inaccurate, Owner of the Rights has the right to suspend providing the Access until the provided information is confirmed and/or corrected, or deny the Access to User;

3.2.11. Suspend the work of the Service for a period not exceeding 3 working days to perform necessary scheduled preventive and repair works on the technical resources of the Title Holder, as well as unscheduled works in emergency situations. In the event of suspension of the Service for the above reasons, the Owner of the Rights shall notify the User thereof by e-mail to the address specified by the User, in which case performance of the necessary planned preventive maintenance and repair work on the technical resources of the Owner of the Rights, as well as unscheduled emergency work shall not be considered and shall not be considered a breach of the Owner’s obligations under this User Agreement, and shall not be the basis for the paid return of the Service to the User. If the above preventive and repair work is performed, the period of granting access shall be extended by the corresponding number of days of such preventive and repair work.

3.3. The User undertakes:

3.3.1. Pay for the Access to Wazzup provided by the Owner of the Right under the terms of this Agreement;

3.3.2. Carry out Access to Wazzup exclusively in accordance with the present Agreement and current legislation, including taking into account conditions of confidentiality, inadmissibility of spam, unwanted marketing, notifications and (or) marks about advertising character of messages.

3.3.3. Provide true, accurate and complete information about yourself regarding the issues offered in the registration form and keep this information up to date;

3.3.4. Provide security and protection of its device and account, prevent unauthorized Access to Wazzup, take security and confidentiality measures during transmission, storage and processing of data given to the Rights Holder;

3.3.5. Immediately notify the Owner of the Rights, if User finds or suspects that unauthorized Access on its behalf took place;

3.3.6. Not to transfer its rights under this Agreement to the third party;

3.3.7. Not to violate or attempt to violate or assist third parties directly, indirectly, by means of automated or other means to violate information security of Wazzup;

3.3.8. Not to violate the exclusive rights of the Licensor on Wazzup;

3.3.9. Take measures to ensure confidentiality of its registration data and User’s login and password.

3.4. The User has the right:

3.4.1. To get Access to Wazzup functionality through the client web-interface using User’s login and password on the terms and conditions of this Agreement;

3.4.2. Obtain technical and consulting support from Wazzup regarding the Service operation;

3.4.3. To address to the Licensor with the purpose to settle disputable issues or for the help in using Wazzup.

 

4. Cost of Access and terms of payment

 

4.1. The User pays the Right Holder the Access to Wazzup in accordance with the tariffs published on the website: https://wazzup24.com/pricing. The Right Holder unilaterally establishes the cost and conditions of providing Access to all tariff plans by placing information about them on the website in accordance with paragraph 2.8., paragraph 2.9. of this Agreement.

4.2. Payment for the Access shall be made by the User in Russian rubles, by cashless transfer to the current account of the Licensor.

4.3. The Access shall be provided to the User on conditions of preliminary payment. The User shall make an advance payment in the amount of 100% (one hundred percent) of the selected tariff. The moment of payment shall be considered the moment when the funds are credited to the current account of the Owner of the Right.

4.4. When paying for the Access by means of payment instruments, located at https://wazzup24.com/, the User is automatically redirected to the page of the Payment Acceptance System to make a payment at the selected tariff.

4.5. Payments are accepted in the order, established by the payment acceptance system operator. The Right Holder is not responsible for the operations, performed using the Payment Acceptance System. In case if the User has any questions about the payment made, the procedure of their solution is defined by the payment system operator.

4.6. The time, required for payment crediting can depend on the chosen method of payment and schedule of payment method processing, set by the payment system. The payment system operator has the right to postpone or cancel any payments to prevent illegal activity or fraud, as well as to ensure security, for the period of risk assessment or investigation.

4.7. All payments made by the User on https://wazzup24.com/ do not include the cost of Internet or data traffic. The Internet provider or mobile network operator may charge a fee for the volume of the User’s data traffic.

4.8. The personal information (name, address, phone, e-mail, credit card number) provided when making online payment is confidential and can not be disclosed. Card data is transmitted only in encrypted form and is not stored on the Web server https://wazzup24.com/. It is recommended to check the security of your browser to make payments online on a special page. The security of Internet payment processing is guaranteed by the operator of the payment service. All transactions with payment cards are made in accordance with the requirements of VISA International, MasterCard and other payment systems. When transmitting information, special security technologies of online card payments are used, data processing is performed on a secure high-tech server of the processing company.

4.9. When paying Access on the website https://wazzup24.com/, the User undertakes to use only the bank card, the owner of which is a bank card and in respect of which the respective agreement between the User and the bank has been concluded. In case the User intentionally uses the bank card of another person, he/she is responsible for the damage, which was/is likely to be caused to the owner of the mentioned card as a result of the above mentioned actions.

 

5. Privacy and personal data processing policy

 

5.1. By accepting the conditions of this Agreement, the User confirms his consent to the collection, storage and processing of his personal data by the Title Holder for the purpose of fulfilling his obligations, stipulated by this Agreement. From the moment of User’s registration in Wazzup such consent is considered received in writing.

5.2. The data to be processed include the following information:

– contact phone number;

– name, surname, patronymic;

– e-mail address;

– other information, which is subject to transfer upon registration of the User and necessary for billing the payment.

5.3. Processing of personal data is carried out using automation means or without the use of such means (“mixed processing” and includes the collection of the record systematization of the accumulation of information (“updating”), the use of transfer (“dissemination”), the provision of access to impersonalization blocking the deletion of personal data, including the transfer of personal data in the manner prescribed by Russian legislation through secure communication channels ( on machine carriers in the internal network).

5.4. The User expresses his consent to receive to the e-mail address, specified during registration as User, Wazzup information mailing list, as well as system messages and notifications, related to the work of the Service and other information. User has the right to refuse to receive the newsletter.

5.5. User has the right to revoke his consent by sending a corresponding notification. The Title Holder is obliged to delete the personal data of the User within 30 days from the moment of receiving the corresponding application, however, if the User hasn’t declared the refusal to execute this Agreement, the Title Holder is entitled to continue processing the personal data to execute the conditions of this Agreement, as well as in other cases stipulated by the current legislation. Withdrawal of the consent to personal data processing leads to the impossibility to continue using the Service.

5.6. User’s consent to personal data processing is valid during the whole term of the Agreement, as well as during 5 (five) years from the moment of termination of this Agreement.

5.7. The Title Holder is not responsible for possible misuse of User’s personal information, which occurred due to the following reasons:

technical failures in the software, servers or computer networks that are beyond the Licensor’s control;

interruptions in the Service operation, connected with intentional or unintentional use of Wazzup by third parties not for the purpose;

other cases, which occurred not through the fault of the Licensor.

5.8. By using Wazzup, User agrees and accepts that the Licensor reserves the right to use its personal information anonymously and in generalized form for statistical purposes.

5.9. The Title Holder is obliged not to provide any personal information about the Users to private persons and organizations, stating about possible misuse of such information (sending of unauthorized advertising, “spam”, providing information to other persons and so on), except the cases, stipulated by the current legislation of the Russian Federation.

5.10. The Title Holder collects and stores only the personal information, which is necessary for providing the Service or fulfilling the agreements and contracts with the User, except the cases, when the legislation stipulates the mandatory storage of personal information within the period, including the purpose, stipulated by the law:

– identification of the User;

– providing the User with personalized services and facilities;

– improvement of the quality of services provided by the Service, and development of new ones;

– relations with the User, including sending of notices, requests and information related to the use of the Site, provision of services, as well as processing of requests and applications from the User;

– conducting statistical and other researches, based on impersonal data;

– carrying out marketing actions for the Users, including for the purpose of distribution of offers on participation in the action and receiving prizes/rewards stipulated by the action;

– distribution of advertising and information materials by telecommunication networks, including by means of telephone, Internet, or direct contacts;

– targeting mailing lists, promotional materials and other information communicated to Users.

5.11. With regard to the User’s personal information, its confidentiality shall be preserved, except for the cases of personal data processing, access to which is provided by the User or at its request.

5.12. The Right Holder is entitled to transfer the User’s Personal Information to third parties in the following cases:

– The User has expressed its consent to such actions;

– transfer is necessary to use certain service/service of the Owner of the Rights;

– the transfer is stipulated by the Russian or other applicable legislation within the procedure established by the legislation;

– the transfer is made within the framework of sale or other transfer of the Service (in full or in part), in this case the acquirer shall be transferred all obligations to comply with the terms and conditions of this User Agreement with regard to the personal information received by it.

 

6. Liability of the Parties 

 

6.1 Responsibility of the User is established by the current legislation. In case of violation of the terms and conditions of this Agreement, the Title Holder shall be entitled to block User’s access to the Service without payment of any compensations or indemnifications and without sending any preliminary notifications.

6.2 The holder of the right shall not be liable under any circumstances:

  • for delays, failures, incorrect or untimely delivery, removal or unsaving of any information while using Wazzup;
  • for availability of WhatsApp during integration with User’s system, including possible failures in WhatsApp operation, its blocking by court decision, incompatibility of WhatsApp with User’s system, possible failures during integration of WhatsApp with User’s system;
  • for full or partial impossibility to use Wazzup functionality for reasons independent from the Right Holder;
  • for Wazzup’s compliance with the requirements and expectations of the User, not specified in this Agreement;
  • for impossibility to provide Access continuously, quickly, reliably and without mistakes;
  • for results, which can be obtained using Wazzup;
  • for correction of all arising errors;
  • for loss of data and damage of the User’s equipment while using Wazzup;
  • for any direct or indirect losses, which occurred due to: use or impossibility to use Wazzup;
  • for unauthorized access to User’s account;

6.3. In case of violation of conditions of this Agreement the Title Holder shall compensate to User the documented damage caused by such violation.

6.4. Under any circumstances, the liability of the Owner of the Right is limited to 5,000 (five thousand) rubles, and shall be imposed on the Owner of the right only if it is guilty in its actions.

6.5. The party that failed to perform or improperly performed the obligation shall be liable if it fails to prove that proper performance of the obligation was impossible due to force majeure, i.e. extraordinary and unavoidable circumstances under these conditions. Such circumstances do not include, in particular, breach of obligations on the part of the debtor’s counterparties, lack of goods on the market necessary for the performance of the goods, the debtor’s lack of the necessary funds. In case of occurrence of force majeure circumstances, which the party under this Agreement could neither foresee nor prevent by reasonable measures, the term of performance of obligations under this Agreement shall be postponed proportionally to the time, during which such circumstances continue to be in force, without compensation of any damages and without application of penalties. The Parties undertake to notify about occurrence of such circumstances immediately (but not later than 5 (five) working days). Each of the Parties has the right to demand from the other Party the submission of documents confirming the circumstances to which the Party refers as circumstances excluding responsibility for failure to fulfill its obligation under this Agreement. Such documents include: conclusions of the Chamber of Commerce and Industry, documents issued by the competent state authorities.  If the force majeure circumstances and/or their consequences continue to be valid for more than 30 (thirty) calendar days in a row, the Agreement may be terminated on the initiative of either Party by sending a written notice to the other Party.

 

7. Validity of the Agreement and the procedure of termination

 

7.1. The Agreement shall enter into force from the moment of its acceptance and shall be effective until terminated.

7.2 This Agreement may be terminated by agreement of the Parties at any time.

7.3 The Title Holder shall be entitled to terminate this Agreement prematurely without notice in a unilateral extrajudicial manner in accordance with Article 450.1 of the Civil Code of the Russian Federation in case the User violates obligations and/or guarantees assumed under this Agreement, or in case the User fails to use the Access within 6 (six) calendar months running.

7.4 If there are no violations of this Agreement, Owner and/or User shall be entitled to terminate this Agreement by notifying the other Party on termination, by sending a corresponding notification within 10 (ten) business days prior to the date of supposed termination of this Agreement.

7.5. In the event of termination of the Agreement, the Title holder shall refund funds to the User upon application of the latter in proportion to the period of time elapsed from the moment of providing the Access. The Title holder shall be entitled not to refund the paid Access in case of Agreement termination in accordance with clause 7.3 of this Agreement.

7.6. No transfer of the refunded funds to a third party is made at the User’s request.

7.7 To refund the funds to the current account of the User – legal entity or individual entrepreneur – it is necessary to fill in the “Statement on refund of funds”, which shall be sent to the Owner of the Right in writing by post. Applications with the original stamp of the User and signature of the authorized person shall be accepted for consideration. The refund will be made to the bank account of the User, from which the Rights Holder has previously received money for the Services, within 30 (thirty) working days from the date of receipt of the “Application for refund” by the Rights Holder.

7.8. In order to refund the funds to the bank card or current account of the User – natural person, it is necessary to fill in the “Statement on refund of funds”, which shall be sent to the address of the Rights Holder in writing by post. The refund will be made to the User’s bank account, specified in the application, within 30 (thirty) working days from the day of receiving the “Application for refund” by the Title Holder.

7.9. To refund the funds erroneously credited to the current account of the Right Holder by means of payment systems, the User – natural person shall apply in writing within a period not exceeding 2 (two) business days from the date of such payment, and attach a copy of passport and cheques/receipts confirming the erroneous crediting. This application must be sent to the address of the Rights Holder. Upon receipt of a written application with a copy of passport and cheques/receipts attached, the Title Holder shall refund to the current account of the individual indicated in the application within 7 (seven) calendar days from the date of receipt of the 3rd application. In this case, the amount of the refund will be equal to the amount erroneously credited. In this case erroneously credited amount of money in case of actual provision of Access to the Service and its use by the User is not recognized.

7.10. The period of consideration of the application and refund to the User (both legal entity and natural person) starts from the moment of receiving the application by the Licensor. If the application was received by the Licensor after 6 p.m. of a working day or on a holiday/watch day, the next working day is considered the moment of receiving the application by the Licensor.

 

8. Other conditions

 

8.1. This Agreement, its conclusion and execution shall be governed by the laws of the Russian Federation.

8.2 The User and the Owner of the Right have agreed on the mandatory claim procedure of dispute resolution, the term of claim consideration is 30 (thirty) business days from the moment of sending.

8.3 In case of impossibility to settle a dispute and subject to mandatory claim procedure, disputes between the User and the Owner of the Right shall be settled in the Arbitration Court of Moscow, Presnensky District Court of Moscow, Magistrates Court of Court No. 418. Moscow Arbitration Court.

8.4. Any notifications under this Agreement, except for the notifications, for which a mandatory written form is provided in Section 7, may be sent by e-mail alone. The e-mail address of the User shall be the address specified during the registration. The e-mail address of the Licensor is support@wazzup24.com. Any documents and notices sent to the User’s e-mail address specified during registration with the Service, as well as using the functionality of the Service, shall be deemed to be signed with a simple electronic signature, equivalent to documents on paper, and may be used as evidence in court.

8.5. Without contradicting the provisions of this Agreement, the User and the Licensor shall have the right to execute this Agreement at any time by preparing one document, signed by the parties.

 

Proposals of the Title Holder:

Name: IE Sekirov E.I.

Address: 36, Vzletnaya St., 77, Krasnoyarsk Krai, 660135.

INN 246519345305 GRENADE 318246800051669

E-mail: support@wazzup24.com Internet address: https://wazzup24.com/.

account in JSC “Tinkoff Bank” Moscow, BIK 044525974, r/s 30101810145250000974, r/s 408028103000526876

Sekirov Yegor Igorevich

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