Dear User, please read the following User Agreement prior to working with the Chat2Desk Online Platform. By starting to use the Chat2Desk Online Platform and by registering your account you agree with all terms and conditions of the User Agreement, i. e. you accept the offer of LLC IT Prospekt addressed to you. If you do not agree with terms and conditions of the User Agreement, please send a request for deactivation of your account to the technical support of the Chat2Desk Online Platform by e-mail sales@chat2desk.com without delay and leave the website of the Chat2Desk Online Platform on the Internet, an information and telecommunication network.
USER AGREEMENT
Russian Federation
October 1, 2019
This User Agreement is a public offer addressed by Limited Liability Company IT Prospekt to general public determining the conditions under which any individuals and legal entities may have access to materials and services provided by the Chat2Desk Online Platform which is located on the Internet, an information and telecommunication network, at https://chat2desk.com/ and https://chat24.io/ (hereinafter referred to as the “Online Platform”), to the API (Application Programming Interface), to the mobile application, and to the desktop application.
SECTION 1
1.1. Any services provided by the Online Platform shall be used by an individual or a legal entity (hereinafter referred to as the “User”) in accordance with the User Agreement.
1.2. In order to start working with the Online Platform, the User shall register their account.
1.3. The User accepts the offer by paying for the service period (see Cl. 8.4 hereof).
1.4. The offer accepted by the User entails signing of a contract (the User Agreement) which allows the User to access the Online Platform from the day of the offer acceptance to the last day of the service period (see Cl. 8.4 hereof).
1.5. If the User does not agree with provisions of the User Agreement, the User shall refrain from using the Online Platform, send a request for deactivation of their account to the technical support of the Online Platform by e-mail sales@chat2desk.com without delay, and leave the website of the Online Platform on the Internet, an information and telecommunication network.
SECTION 2
2.1. The Online Platform is a WEB interface, an API (Application Programming Interface), a mobile application, and a desktop application which enables the User to interact with third parties by exchanging e-mails using, without limitation, third party software and online services.
2.2. The third party software and online services specified in Cl. 2.1 hereof include but are not limited to WhatsApp Business API, Telegram, Viber, Facebook, VKontakte, Skype, Odnoklassniki, Yandex, WeChat, Online Chat, etc. (hereinafter referred to as the “Communications Services”).
2.3. The Online Platform is not anyhow associated with the Communications Services and shall not be liable to the User for actions taken by the Communications Services or for ensuring that software and online services provided by the Communications Services are available and serviceable.
2.4. The Online Platform shall not be liable to the Communications Services or to other third parties for actions taken by Users.
2.5. The Online Platform shall not be liable for textual, graphic, audio, or other content of messages which are sent or received by Users with the help of the Online Platform.
SECTION 3
3.1. The User confirms that they are capable of acquiring and exercising civil rights, as well as assuming and discharging civil obligations through User’s actions in accordance with the legislation of a country of User’s residence.
3.2. The User shall not use the Online Platform in breach of their national legislation or in breach of universally recognized principles and standards of international law. In particular, the User shall use services of the Online Platform to transfer information only to those addressees who or which have properly agreed to receive such information, or to those addressees who or which have been first to contact the User.
SECTION 4
4.1. The User confirms that any information provided by them to the Online Platform meets the criteria of reliability, completeness and relevance.
4.2. The Online Platform shall not be liable to the User or to third parties in case the User provides unreliable, incomplete or irrelevant information, or in case there are any consequences of such actions.
4.3. If the Online Platform reveals that the User has breached the condition specified in Cl. 4.1 hereof, the User’s account shall be deactivated (blocked) and then deleted.
SECTION 5
5.1. The Online Platform may at any time and unilaterally refuse to interact with the User and then deactivate (block) their account. The account may be deleted later.
5.2. The User may at any time and unilaterally refuse to use the Online Platform. In this case, the User shall send a request for deactivation of their account to the Online Platform by e-mail sales@chat2desk.com without delay.
5.3. In cases specified in Cl. 5.1 and Cl. 5.2 hereof, the contract (User Agreement) signed with the User shall be deemed terminated upon deactivation (sending a request for deactivation) of the User’s account.
5.4. Reasons for account blocking and further deletion may be, in particular, any manner of sending (transferring) spam, offensive information, information containing appeals for illegal actions, and other illegal information.
5.5. The Online Platform has the right to not indicate the reason for User’s account blocking.
5.6. In case the User’s account is deactivated (blocked) or deleted due to User’s violations hereof, and in other cases of User’s account deactivation (blocking) initiated by the Online Platform, the Online Platform shall return a part of the advance payment previously made by the User for using the Online Platform in proportion to the number of unused access days from the day of the User’s account deactivation (blocking) or deletion to the end of the service period (see Cl. 8.4 hereof) provided that the User has sent a request to the Online Platform by e-mail account@chat2desk.com indicating the payment details for funds return.
5.7. In case the User’s account is deactivated (blocked) or deleted at the User’s initiative, the Online Platform shall return a part of the advance payment previously made by the User for using the Online Platform in proportion to the number of unused access days from the day of the User’s account deactivation (blocking) or deletion to the end of the service period (see Cl. 8.4 hereof) provided that the User has sent a request to the Online Platform by e-mail account@chat2desk.com indicating the payment details for funds return.
5.8. Upon deletion of the User’s account, all information associated with the User and their account, including personal information of the User, shall be deleted in accordance with the procedure established by the legislation of the Russian Federation.
SECTION 6
6.1. The Online Platform may modify the User Agreement by publishing the User Agreement Modified on the Internet, an information and telecommunication network, at https://www.chat2desk.com/en/terms_of_use and (or) by sending an e-mail to the e-mail address which the User provides by filling in a corresponding form when creating their account and (or) when editing data of their account.
6.2. The modification of the User Agreement and the publication of the User Agreement Modified shall mean a public offer addressed by LLC IT Prospekt to general public.
6.3. The modification of the User Agreement and the provision of the User with an e-mail containing the User Agreement Modified shall mean an offer addressed by LLC IT Prospekt to the User.
6.4. If the User does not agree with provisions of the User Agreement Modified and does not want to accept the offer, the User shall refrain from using the Online Platform starting from the day following the last day of validity of the contract (the offer previously accepted, see Cl. 1.4 hereof), send a request for deactivation of their account to the Online Platform by e-mail sales@chat2desk.com, and leave the website of the Online Platform on the Internet, an information and telecommunication network.
6.5. If the User does not deactivate their account within 10 days after the User Agreement Modified has been published and (or) an e-mail containing the User Agreement Modified has been sent to the User, and if the User continues to use services of the Online Platform, the User shall be deemed to have accepted the offer and signed the contract (User Agreement Modified).
SECTION 7
7.1. The User of the Online Platform confirms that they are going to prevent third parties from any possible access to the User’s account and that they are going to prevent third parties from access to the User’s name and account password.
7.2. The User shall immediately report on any unauthorized use of their account by the feedback form (online chat available via the widget on the website) of the Online Platform and (or) by sending an e-mail to the technical support of the Online Platform by e-mail support@chat2desk.com.
7.3. The User shall use the Online Platform for their personal purposes only and shall not grant third parties access to services of the Online Platform if not agreed upon with the Online Platform. In order to obtain access to services of the Online Platform, third parties may register their accounts themselves. The User shall also not transfer their account or their access to the program interface of the Online Platform to third parties on a reimbursable or non-reimbursable basis.
7.4. If the User wants to use the service in the multi-user mode, they shall purchase a correspondent number of single user licences.
7.5. The Online Platform does not have access to the User’s account password.
7.6. The Online Platform shall not be liable for access of third parties to the User’s account or for damage caused to the User by actions of third parties which have obtained access to the User’s account against the User’s will.
7.7. In order to avoid system overloading, a number of API requests monthly available for the User’s account may be limited.
SECTION 8
8.1. Access to services of the Online Platform is granted on a fee basis. A trial version of the Online Platform with limited functions (online chat on the website) may be used for free. The use of the trial version of the Online Platform with limited functions (online chat on the website) does not entail signing of a contract (this User Agreement) but imposes obligations established hereby on the User.
8.2. Access to services of the Online Platform shall be granted based on the Tariffs applicable at the moment of payment. The User shall be provided with relevant Tariffs by the support service (of the Sales Department) of the Online Platform upon request.
8.3. The User shall pay for access to services of the Online Platform in advance, i. e. before the service period starts. The User shall deposit funds to the account balance upon invoices issued within one (1) to seven (7) days prior to the end of the period paid for. The funds shall be deemed received when credited to the settlement account of LLC IT Prospekt. The User has the right to see relevant deposits and debits for their account in the Billing section.
8.4. The service period shall mean a period which is paid for by the User in accordance with the Tariffs applicable at the moment of payment and during which the User has access to services of the Online Platform.
8.5. The obligations of the Online Platform hereunder shall be deemed fulfilled properly, timely, and in full provided that there are not any motivated written objections of the User sent to the legal address of LLC IT Prospekt within five days upon the end of the service period by registered mail with an enclosure list.
8.6. If the User does not actually use services of the Online Platform during the period paid for, or if services of the Online Platform are unavailable pursuant to the cases specified in Cl. 10.1 hereof, the User shall not have the right to claim for refund because the payment allows the User to have access to some services of the Online Platform, i. e. access to the WEB interface located on the Internet, an information and telecommunication network, at https://chat2desk.com/ and https://chat24.io/ , to the API (Application Programming Interface), to the mobile application, and to the desktop application.
SECTION 9
9.1. The User confirms their unconditional acceptance of the Privacy Policy which constitutes an integral part hereof located on the Internet, an information and telecommunication network, at https://chat2desk.com/en/policy , and available to general public.
SECTION 10
10.1. The Online Platform shall not be liable for unavailability of its services through the fault of third parties, including the Communications Services, due to force-majeure; or for interruptions of Online Platform work due to power supply issues, fire, malfunctions of communication channels used, terrorist acts, and other similar situations, as well as scheduled preventive maintenance which is communicated by the Online Platform to the User in advance by any means including a notification published on the website of the Online Platform.
10.2. The Online Platform shall not be liable for losses and loss of profit incurred by the User as a result of using the Online Platform.
10.3. The User uses services of the Online Platform at their own risk. The Online Platform does not guarantee that services of the Online Platform are going to be efficient, profitable, effective, or suitable for any User’s purpose. The Online Platform is provided for access in the “as-built” mode. The Online Platform does not guarantee that 100% of all messages sent and received are going to be delivered.
10.4. The User gives their consent to any newsletter on part of the Online Platform via any mail and e-mail addresses of the User, as well as via software of the Communications Services.
10.5. The User may receive technical support with the help of the feedback form (online chat, messengers, and social networks available via the widget on the website) of the Online Platform, and by writing to the technical support of the Online Platform by e-mail support@chat2desk.com. The Normal Time for a technical support response is 48 hours. The Normal Time for solving problems under competence of the Technical Department is within 4 weeks. The Normal Time for eliminating errors under competence of the Development Department is within 2 months. In some cases, there may be other terms for solving technical problems and responding to requests. The Normal Time is not fixed and may be shorter or longer than the time actually spent.
10.6 The User agrees that the Online Platform shall provide the partners with information about the Attracted Companies and copies of documents in the part necessary to fulfill their obligations to the partner (counterparty), including providing copies of contracts concluded by the Online Platform with the Attracted Companies, the list of the services provided and their cost.
SECTION 11
11.1. In any issues not covered hereby the Online Platform and the User shall be guided by the legislation of the Russian Federation.
11.2. All disputes between the Online Platform and the User shall be settled by means of bilateral negotiations. If it is impossible to settle a dispute through negotiations, the dispute shall be referred to court at the legal address of the Respondent.
11.3. It is required to follow the pre-trial (extrajudicial) dispute settlement procedure within the period before the User or the Online Platform takes legal actions.
11.4. The pre-trial (extrajudicial) dispute settlement procedure shall be deemed followed upon ten calendar days after the party against which the claim is made receives the claim of the party which takes legal actions. The claim shall be deemed received if the party which takes legal actions have either previously delivered the claim against signature to the party against which the claim is made, or sent this claim by registered mail with an enclosure list to the address of the party against which the claim is made and knows that the addressee has received the letter; or if the letter is returned by a postal communication operator with a refusal message or because the addressee has not been found at the address.
11.5 The User and the Online Platform shall communicate, without limitation, in person, by exchanging registered letters, by electronic communication via the feedback form on the Online Platform website and via the User’s account, and by exchanging electronic messages via e-mail addresses which the User provides through filling in a correspondent form when creating an account and (or) editing account data and which the Online Platform provides through publication on the website of the Online Platform.
11.6. When the User signs a written contract (by means of drawing up a single document signed by the parties) for using the Online Platform, this User Agreement shall become invalid.
Chat2Desk Online Platform: https://chat2desk.com/ and https://chat24.io/
Limited Liability Company IT Prospekt
9 ul. Malaya Raznochinnaya, office 306, Saint Petersburg, 197110, Russian Federation
INN/KPP 7811527760/781301001
OGRN 1127847409557