AUTHOR`S LICENSE AGREEMENT (OFFER)
This license agreement (hereinafter «Agreement») is an offer of a legal entity SIA Wazzup (Legal adress: Konstitucijos pr. 7, LT-09308, Vilnius, Lithuania) (hereinafter «Rightholder») addressed to an unlimited number of individuals/legal entity (hereinafter «User»), collectively referred to as the «Parties» that have accepted the following terms of this Agreement.
- Terms and definitions used
1.1. In order definite interpretation of following Agreement, the following terms:
Wazzup (hereinafter – «Wazzup», «Service») is an online service posted on the website in the Internet at the following address: https://wazzup24.com/ and allows you to correspond via WhatsApp with the use of CRM tools (amoCRM, Bitrix24, planfix, etc.), services, support services and other systems. The use of Wazzup is governed by this Agreement.
User – an individual or a legal entity acting through their representative, who are provided with Access to Wazzup.
Parties – Rightholder and User.
Access – the right, provided by the Rightholder to the User, for a fee, to use the Wazzup functionality intended for the Users.
1.2. In this Agreement, terms that are not defined in clause 1.1 of this Agreement may be used. In this case, the interpretation of such a term is made in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of the term, one should be guided by the interpretation of the term, defined: first of all – by the legislation of the Republic of Lithuania, secondly – on the website https://wazzup24.com/, and thirdly – by the prevailing (generally used meaning) on the Internet.
1.3. By entering into this Agreement, the User agrees that the use of the Service will not be carried out for personal and / or family needs not related to business activities.
1.4. This agreement does not contain any provisions that conflict with the provisions of the Directive of the European Parliament and of the Council of the European Union on copyright in the digital single market (COM (2016) 0593 – C8-0383 / 2016 – 2016/0280 (COD)), Directive ( EU) N 2019/790 of the European Parliament and of the Council of the European Union on copyright and related rights in a digital single market and amending directives 96/9 / EC AND 2001/29 / EC, Directive 2000/31 / EC of the European Parliament and Of the Council of the European Union on certain legal aspects of information services in the internal market, in particular on e-commerce (e-commerce directive).
- Conditions for providing access
2.1. The subject of this Agreement is the provision by the Rightholder to the User for a fee of Access to use the Wazzup program for WhatsApp correspondence using CRM (amoCRM, Bitrix24, planfix, etc.), support services and other systems. Additionally, the Rightholder provides technical support to Users on the use of Wazzup. The accession of the User to this Agreement is carried out in accordance with clause 2.7. present Agreement.
2.2. The Rightholder provides the following Wazzup functions:
1) Maintaining the status of messages: sent to the system / delivered to the client / read by the client;
2) Reception and sending of files, voice messages and images – as in an integrated application;
3) Alert system;
4) Multi-user interface;
5) Full-featured API (access on demand).
2.3. The functions of the Wazzup program can be expanded or reduced in the future. Actual information about the possibilities of Wazzup is published on the website at: https://wazzup24.com/.
2.4. This Agreement within the meaning of art. 19 of the Law of the Republic of Lithuania of 01.01.01, No. VIII-1185 «On Copyright and Аllied Rights» is an author’s license agreement.
2.5. The User confirms that he will use Wazzup exclusively on the terms of this Agreement, use Wazzup exclusively for business purposes to simplify business processes. The User will not use Wazzup to meet personal, family, household and other needs not related to the User’s business.
2.6. The User uses Wazzup at his own risk. The User is solely responsible to third parties for his actions related to the use of Wazzup. At the same time, the Rightholder confirms the existence of exclusive rights to the Wazzup Service. In the event that the User presents claims, statement of claim by the User of the rights of third parties in connection with the use of the Service provided under this Agreement, the Rightholder undertakes to make all necessary efforts to resolve the dispute that has arisen, as well as to compensate the User for losses incurred in this regard.
2.7. This Agreement is concluded through full and unconditional acceptance of its terms by registering on the page at: https://app.wazzup24.com/. The User is assigned a unique identification code (login) and password. Payment for Access is an additional confirmation of acceptance of the terms of this Agreement.
2.8. Before accepting this Agreement, the User undertakes to familiarize himself with its terms and tariff plans posted by the Rightholder on the Internet site at: https://wazzup24.com/pricing/. The Rightholder has the right to make changes to tariff plans. The changes take effect from the moment of the end of the previous paid period for using the Service.
2.9. The User is aware and agrees that the Rightholder has the right to make any changes to the User Agreement by publishing its new version on the website on the Internet at https://app.wazzup24.com/. Confirmation of acceptance by the User of this Agreement in the new edition are the actions of the User on the commercial use of Wazzup after the publication by the Rightholder of the new edition of the Agreement. Changes come into force from the moment the new edition of the Agreement is posted, unless otherwise provided by the new edition of the User Agreement.
2.10. The User is solely responsible for the safety and confidentiality of registration data: login and password. All actions performed using the User’s login and password are considered to have been performed by the User. The User is solely responsible to third parties for all actions performed using the User’s login and password. The Rightholder is not responsible for the unauthorized use of the User’s registration data by third parties.
2.11. To use Wazzup, you need to have a computer or other technical device that provides Internet access. All issues of acquiring Internet access rights, purchasing and adjusting for this relevant equipment and software products are decided by the User independently and are not governed by this Agreement.
2.12. To integrate WhatsApp with the User’s systems, the User must be registered with WhatsApp, and have a mobile phone number linked to WhatsApp.
2.13. The User understands and agrees that the service is provided «in its current form» (including any further development and change) and that the Rightholder is not responsible for any delays, failures, incorrect or untimely delivery, deletion or non-preservation of any User personal information.
2.14. Access is provided exclusively within the prepaid time period in accordance with the rates published on the website at: https://wazzup24.com/pricing/. Upon the expiration of this period and in the absence of a written claim from the User after 3 days from the expiration date of the Access period, in accordance with the selected tariff, the obligations of the Rightholder to provide access to the Service and maintain the functioning of the Service are considered to be duly fulfilled.
2.15. It is forbidden to violate the information security of the service, including:
- an attempt to check the vulnerability of the Wazzup security system, violation of the registration and authorization procedure without the permission of the Rightholder;
- imitation and / or forgery of any TCP / IP packet header or any part of the header in any email or material posted on the service;
- access, use, copying, adaptation, modification, performance of derivative works, distribution, transmission, display, performance or other use of Wazzup in unacceptable or unauthorized ways or in ways that create a load on the services, impair their work or harm our users or other persons;
- reverse engineering, alteration, modification, derivation, decompilation, or code extraction from Wazzup;
- sending, storing or transmitting viruses or other computer code through Wazzup;
- obtaining or attempting to obtain unauthorized access to Wazzup;
- interference with the work or violation of the integrity or work of Wazzup;
- obtaining information from users or about Wazzup users in unacceptable or unauthorized ways;
- sale, resale, lease of a Wazzup account, other actions carried out with the aim of making a profit as a result of the distribution of personal access to the service;
- creation of software or API, the functions of which essentially coincide with the functions of Wazzup, and offering them for use by third parties.
2.16. Technical support and advice on the use of the Service is provided on the page at: https://wazzup24.com/contact/.
2.17. The User acknowledges that all rights to Wazzup belong to the Rightholder, and the User and other persons are not entitled to:
- copy or modify Wazzup and its components;
- create programs derived from Wazzup;
- penetrate the Wazzup software;
- use Wazzup for purposes other than that provided for in this Agreement;
- modify Wazzup, including for the purpose of obtaining unauthorized Access.
2.18. This Agreement is not exclusive.
2.19. The validity of this Agreement is not limited to the territory (country) of the Rightholder. The agreement is valid in any territory (country).
- Rights and obligations of the Parties
3.1. The Rightholder undertakes:
3.1.1. Provide the User with access to the Wazzup functions using the client web interface using the User’s login and password, subject to the restrictions specified in this Agreement. At the same time, the Rightholder is not responsible if the User cannot use the Wazzup functions for reasons beyond the Rightholder’s control;
3.1.2. Send invoices of payment and acts of performed services to the User based on the written requirements of the User, sent by means of a message to the email of the Rightholder;
3.1.3. Provide the User with Access to the Service within one working day from the date of receipt of payment at the appropriate rate.
3.2. The Rightholder has the rights:
3.2.1. Receive remuneration from the User for providing Access to Wazzup on the terms of this Agreement;
3.2.2. Use the User’s data in an impersonal form, which does not allow third parties to obtain personal data and confidential information of the User, to improve the activities of Wazzup;
3.2.3. At any time, without the consent or notification of the User, change the design of the Service, its functionality, change or supplement the scripts used, software and other objects used or stored on the site, any server applications;
3.2.4 If necessary, send messages to the User in one of the ways by email/ Wazzup/ WhatsApp/ Telegram regarding the use of Wazzup. In this case, the Rightholder undertakes not to request confirmation of information containing personal information in such letters;
3.2.5. Change the terms of this Agreement and tariff plans on the terms of clauses 2.8 and 2.9 of this Agreement;
3.2.6. Restrict Access to users on the terms of this Agreement, establish additional restrictions on the use of Wazzup, and change such restrictions at any time;
3.2.7. Temporarily suspend the provision of Access to the User for technical, technological or other reasons, for the period of elimination of such reasons;
3.2.8. Suspend the provision of Access and / or early terminate the Agreement in accordance with clause 7.3 of this Agreement.
3.2.9. Close the Service at any time without prior notice to Users. In this case, the Rightholder does not bear any responsibility for the termination of the Access to Wazzup;
3.2.10. If the User provides incorrect information or the Rightholder has reason to believe that the information provided by the User is incorrect, incomplete or inaccurate, the Rightholder has the right to suspend the provision of Access until the information provided is confirmed and / or corrected, or to deny the User Access;
3.2.11. Suspend the work of the Service for a period of not more than three working days to carry out the necessary scheduled preventive and repair work on the technical resources of the Rightholder, as well as unscheduled work in emergency situations. In case of suspension of the Rightholder’s Service for the above reasons, the Rightholder notifies the User about this in one of the ways by the email address/ Wazzup/ WhatsApp/ Telegram specified by the User, while carrying out the necessary scheduled preventive and repair work on the technical resources of the Rightholder, as well as unscheduled work in emergency situations can’t be considered a violation of parties of the Rightholder of their obligations under this User Agreement and is not a basis for refunding the amount paid by him to the User in accordance with the terms of this User Agreement. In the event of the above-mentioned preventive and repair work, the period for granting access is extended by the corresponding number of days of these preventive and repair work.
3.3. The User undertakes:
3.3.1. Pay for the Access to Wazzup provided by the Rightholder on the terms of this Agreement;
3.3.2. Access Wazzup solely in accordance with this Agreement and applicable laws, including subject to the terms of confidentiality, inadmissibility of spam, unsolicited marketing, notifications and / or marks about the advertising nature of messages.
3.3.3. Provide valid, accurate and complete information about yourself on the issues proposed in the registration form, and update the information in a timely manner;
3.3.4. Ensure the safety and protection of your device and account, prevent unauthorized Access to Wazzup, take security measures and ensure confidentiality when transferring, storing and processing data provided to the Rightholder;
3.3.5. Immediately notify the Rightholder if the User reveals or suspects that unauthorized Access has taken place from his account;
3.3.6. Not transfer your rights under this Agreement to a third party;
3.3.7. Not to violate and not to try to violate, not to help third parties directly, indirectly, using automated or other means to violate the information security of Wazzup;
3.3.8. Not to violate the exclusive rights of the Rightholder to Wazzup;
3.3.9. Take measures to ensure the confidentiality of your registration data, as well as the User’s login and password.
3.3.10. In accordance with art. 34 of the Law of the Republic of Lithuania of 18 January 1994 No. I-372 «On Patents», the User registers the license agreement with the authorized bodies of the Republic of Lithuania (Register of Patents of the Republic of Lithuania);
3.3.11. All costs related with the registration of the license agreement of the Republic of Lithuania (payment of state fees, translation services and other fees) are paid by the User.
3.4. The User has the rights:
3.4.1. Get Access to the Wazzup functionality through the client’s web interface using the User’s login and password under the terms of this Agreement;
3.4.2. Receive technical and consulting support from Wazzup on the work of the Service;
3.4.3. Contact the Rightholder in order to resolve disputes or for help in using Wazzup.
- Cost of Access and payment terms
4.1. The User pays for the Access to Wazzup to the Rightholder in accordance with the tariffs published on the website at: https://wazzup24.com/pricing/. The rightholder unilaterally establishes the cost and conditions for providing Access for all tariff plans by posting information about them on the website in accordance with clause 2.8., Clause 2.9. present agreement.
4.2. Payment for Access is made by the User using EURO (EUR), which is the national currency of the Republic of Lithuania. The total cost of the Agreement is an amount according to the Tariffs. Payment is made at the exchange rate in effect on the date of payment in the bank serving the User. Payment is made by bank transfer. The User transfers funds to the settlement account of the Rightholder specified in clause 9 of the Agreement.
4.3. Access is provided to the User on a prepaid basis. The User makes an advance payment in the amount of 100% (one hundred percent) of the cost of the selected tariff. The moment of payment is the moment when the funds are credited to the settlement account of the Rightholder.
4.4. When paying for Access using payment instruments posted on the website https://app.wazzup24.com/ the User is automatically redirected to the page of the payment acceptance system to make payment at the selected tariff.
4.5. Payments are accepted in the order established by the operator of the payment acceptance system. The Rightholder is not responsible for transactions performed using the payment acceptance system. If the User has questions about a perfect payment, the procedure for resolving them is determined by the payment system operator.
4.6. The time required for the payment to be credited may depend on the selected payment method and the payment method processing schedule set by the payment system. The payment system operator has the right to defer or cancel any payments to prevent illegal activity or fraud, as well as to ensure security, during the period of risk assessment or investigation.
4.7. All payments made by the User on the website https://app.wazzup24.com/ do not include the cost of the Internet or data traffic. Your Internet service provider or mobile operator may charge you for the amount of User data traffic.
4.8. The personal information provided when making an online payment (name, address, phone number, email, credit card number) is confidential and not subject to disclosure. The card data is transmitted only in encrypted form and is not stored on the Web-server of the site https://app.wazzup24.com/. It is recommended to check the security of the browser for online payments on a special page. The security of processing Internet payments is guaranteed by the payment service operator. All transactions with payment cards are carried out in accordance with the requirements of VISA International, MasterCard and other payment systems. When transferring information, special security technologies for online card payments are used, data processing is carried out on a secure high-tech server of the processing company.
4.9. When paying for Access on the website https://app.wazzup24.com/, the User undertakes to use only the bank card, the owner of which is, and in relation to which an appropriate agreement has been concluded between the User and the bank. If the User deliberately uses a bank card of another person, then he is independently responsible for the damage that was / may be caused to the owner of the specified card as a result of the above actions.
- Confidentiality and processing of personal data
5.1. By accepting the terms of this Agreement, the User confirms his consent to the collection, storage and processing of his personal data by the Rightholder in order to fulfill his obligations under this Agreement. From the moment of registration of the User in Wazzup, such consent is considered to be received in writing.
5.2. The data to be processed includes the following information:
– contact number;
– Full Name;
– Email address;
– other information to be transferred during the registration of the User and necessary to issue an invoice for payment.
5.3. The processing of personal data is carried out using automation tools or without using such means (mixed processing) and includes: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data, including the transfer of personal data in the manner prescribed by the legislation of the Republic of Lithuania, via secure communication channels (on machine media) in the internal network of the Rightholder and / or a person processing personal data on behalf of the Rightholder, if processing will be entrusted to such person.
5.4. The User agrees to receive the Wazzup newsletter, system messages and notifications related to the operation of the Service and other information to the email address specified during registration as a User. The User has the right to refuse to receive newsletters.
5.5. The User has the right to revoke his consent by sending a notification. the Rightholder is obliged to delete the User’s personal data within thirty days from the date of receipt of the relevant application, however, if the User does not declare a refusal to execute this Agreement, the Rightholder has the right to continue processing personal data to fulfill the terms of this Agreement, as well as in other cases established current legislation. Withdrawal of consent to the processing of personal data entails the impossibility of further use of the Service.
5.6. The User’s consent to the processing of his personal data is valid for the entire duration of the Agreement, as well as for 5 (five) years from the date of termination of this Agreement.
5.7. The Rightholder is not responsible for possible misuse of the User’s personal information, which occurred for the following reasons:
- technical problems in software, servers or computer networks beyond the control of the Rightholder;
- interruptions in the operation of the Service associated with intentional or unintentional use of Wazzup for other purposes by third parties;
- other cases that occurred through no fault of the Rightholder.
5.8. By using Wazzup, the User agrees and accepts that the Rightholder reserves the right to use his personal information anonymously and in a generalized form for statistical purposes.
5.9. the Rightholder undertakes not to provide any personal information about Users to individuals and organizations claiming the possible misuse of such information (sending unauthorized advertisements, «spam», providing information to other persons, etc.), except as otherwise provided for by the current legislation of the Republic of Lithuania.
5.10. The Rightholder collects and stores only that personal information that is necessary for the provision of the Service or the execution of agreements and contracts with the User, except for cases when the legislation provides for the mandatory storage of personal information for a period specified by law, including for the purpose of:
– User identification;
– providing the User with personalized services and services;
– improving the quality of the services provided by the Service and developing new ones;
– communication with the User, including sending notifications, requests and information regarding the use of the site, the provision of services, as well as the processing of requests and applications from the User;
– carrying out statistical and other studies based on anonymized data;
– conducting marketing campaigns for Users, including for the purpose of distributing offers to participate in the campaign and receive prizes / rewards provided for by the promotion;
– distribution of advertising and information materials through telecommunication networks, including through the use of telephone, Internet, or through direct contacts;
– targeting mailings, advertising materials and other information brought to the attention of Users.
5.11. With regard to the User’s personal information, its confidentiality is preserved, except for cases of processing personal data, access to an unlimited number of persons to which is provided by the User or at his request.
5.12. The Rightholder has the right to transfer the User’s Personal Information to third parties in the following cases:
– The User has expressed his consent to such actions;
– the transfer is necessary to use a certain service / service of the Rightholder;
– the transfer is provided for by law of the Republic of Lithuania or other applicable law within the framework of the procedure established by law;
– the transfer takes place within the framework of the sale or other transfer of the Service (in whole or in part), while all obligations to comply with the terms of this User Agreement in relation to the personal information received by him are transferred to the acquirer.
- Responsibility of the Parties
6.1. The responsibility of the User is established by the current legislation of the Republic of Lithuania. In case of violation of the terms of this Agreement, the Rightholder has the right to block the User’s access to the Service without paying any compensation or reimbursement and without sending any prior notifications.
- for delays in work, malfunctioning, incorrect or untimely delivery, deletion or non-preservation of any information when using Wazzup;
- for the availability of WhatsApp when integrating with the User’s system, including possible failures in WhatsApp, its blocking by court order, WhatsApp’s incompatibility with the User’s system, possible failures when integrating WhatsApp with the User’s system;
- for complete or partial inability to use the Wazzup functionality for reasons independent of the Rightholder;
- for Wazzup’s compliance with the User’s requirements and expectations, not specified in this Agreement;
- for the inability to provide Access continuously, quickly, reliably and without errors;
- for the results that can be obtained using Wazzup;
- for correcting all arising errors;
- for the loss of data and damage to the User’s equipment when using Wazzup;
- for any direct or indirect losses incurred due to: use or inability to use Wazzup;
- for unauthorized access to the User’s account;
6.3. In case of violation of the terms of this Agreement, the Rightholder undertakes to compensate the User for the documented damage caused by such violation.
6.4. A party that has not performed or improperly fulfilled an obligation is liable if it does not prove that proper performance was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions. Such circumstances do not include, in particular, a breach of obligations by the debtor’s counterparties, the lack of the goods necessary for execution on the market, the absence of the necessary funds from the debtor. In the event of force majeure circumstances that the party to this Agreement could neither foresee nor prevent by reasonable measures, the deadline for the fulfillment of obligations under this Agreement is postponed in proportion to the time during which such circumstances continue to operate, without compensation for any losses and the application of penalties. The parties undertake to notify of the occurrence of such circumstances immediately (but no later than 5 (five) working days). Each of the Parties has the right to require the other Party to provide documents confirming the circumstances that the Party refers to as circumstances excluding liability for failure to fulfill the obligation under this Agreement. These documents include: conclusions of the Chamber of Commerce and Industry, documents issued by the competent government authorities. If force majeure circumstances and / or their consequences continue to operate for more than 30 (thirty) calendar days in a row, then the Agreement may be terminated at the initiative of either party by sending a written notice to the other party.
- Period of the Agreement and procedure for termination
7.1. The Agreement comes into force from the moment of its acceptance and is valid until its termination.
7.2. This Agreement may be terminated by agreement of the Parties at any time.
7.3. The Rightholder without notice has the right to terminate this Agreement ahead of schedule unilaterally out of court in cases of violation by the User of obligations and / or guarantees accepted in accordance with this Agreement or the User during the period specified in аrt. 2.165 of the Civil Code of the Republic of Lithuania does not use Access.
7.4. In the absence of violations, the Rightholder and / or the User has the right to terminate this Agreement by notifying the other Party of the termination by sending an appropriate notification no later than 10 (ten) working days before the date of the alleged termination of the Agreement.
7.5. In time termination of the Agreement, the Rightholder refunds funds to the User at the request of the latter in proportion to the period of time that has passed since the access was granted. The Rightholder has the right not to refund money for paid Access in case of termination of the Agreement in accordance with clause 7.3. present Agreement.
7.6. Refunds are not transferred to a third party at the request of the User.
7.7. To return funds to the User’s settlement account – a legal entity or an individual entrepreneur, it is necessary to fill in the «Application for the return of funds», which is sent to the address of the Rightholder in writing by mail. Applications with the original seal of the User and the signature of an authorized person are accepted for consideration. Refunds will be made to the User’s bank account, from which funds for the Services were previously received by the Rightholder within 30 (thirty) business days from the date of receipt of the «Application for the return of funds» by the Rightholder.
7.8. To return funds to a bank card or current account, the User who is an individual must fill out the «Application for the return of funds», which is sent to the address of the Rightholder in writing by mail. Refunds will be made to the User’s bank account specified in the application within 30 (thirty) business days from the date of receipt of the «Application for the return of funds» by the Rightholder.
7.9. To return funds erroneously credited to the settlement account of the Rightholder through payment systems, the User – an individual must apply with a written application within a period not exceeding 2 (two) working days from the date of such payment, and attach a copy of the passport and checks / receipts, confirming erroneous enrollment. This application must be sent to the address of the Rightholder. After receiving a written application with a copy of the passport and checks / receipts attached, the Rightholder makes a refund to the individual’s current account specified in the application within 7 (seven) calendar days from the date of receipt of the application. In this case, the refund amount will be equal to the erroneously credited one. At the same time, the erroneously credited amount of funds is not recognized in the event of the actual provision of Access to the service and its use by the User.
7.10. The period for consideration of the application and the return of funds to the User (both a legal entity and an individual) begins to be calculated from the moment the application is received by the Copyright Holder. If the application was received by the Rightholder after 6 p.m. on a business day or on a holiday / day off, the next business day is considered the moment when the Rightholder receives the application.
- Other conditions
8.1. This Agreement, its conclusion and execution are governed by the legislation of the Republic of Lithuania.
8.2. The User and the Rightholder agreed on a mandatory claim procedure for resolving disputes, the term for considering a claim is 30 (thirty) working days from the date of submission.
8.3. If it is impossible to resolve the dispute and in compliance with the mandatory claim procedure, disputes between the User and the Rightholder will be resolved in in court, at the place of registration of the Rightholder in the Republic of Lithuania.
8.4. Any notices under this Agreement, other than those for which there is a mandatory written form in ar. 7, may be sented by email/ Wazzup / WhatsApp / Telegram. The email address/ Wazzup / WhatsApp / Telegram of the User is the address specified during registration. The email address of the Rightholder is firstname.lastname@example.org. Any documents and messages sent to the User’s email address/ Wazzup / WhatsApp / Telegram specified during registration in the Service, as well as using the functionality of the Service, are considered signed with a simple electronic signature, equivalent to paper documents and can be used as evidence in court.
8.5. Without contradicting the terms of this Agreement, the User and the Copyright Holder have the right at any time to execute this Agreement by drawing up one document signed by the parties.
- Requisites of the Rightholder
Legal adress: Konstitucijos pr. 7, LT-09308, Vilnius, Lithuania
Bank: VIA PAYMENTS UAB,