User Agreement

This User Agreement (hereinafter the “Agreement”) constitutes an offer (a public offer) by Forum LLC (INN 7709903051) to enter into an agreement for the provision of Access to the AssistBot service on the terms set out below.

1. Terms and definitions

1.1. For an unambiguous interpretation of this Agreement, the following terms have the meanings specified below:

AssistBot (hereinafter the “AssistBot», «Service”) is an online service available on the Internet at: https://assistbot.ru , https://lk.assistbot.ru

 and enabling WhatsApp and Telegram messaging using CRM tools (amoCRM, Bitrix24, Yclients, etc.), support services and other systems. Use of AssistBot is governed by this Agreement.

Rights Holder means Forum LLC (INN 7709903051, 5 Nizhny Susalny Lane, Building 10, Moscow), the holder of the exclusive rights to AssistBot, and its authorized representatives.

User means an individual or an organization acting through its representative that is granted Access to AssistBot.

Parties means the Rights Holder and the User.

Access means the right granted by the Rights Holder to the User, for a fee, to use the AssistBot functionality intended for Users.

2. Subject matter of the Agreement and terms of Access

2.1. The subject matter of this Agreement is the Rights Holder's provision to the User, for a fee, of Access to AssistBot functionality for messaging through WhatsApp, Telegram and CRM systems (amoCRM, Bitrix24, Yclients, etc.), support services and other systems. The Rights Holder also provides technical support to Users regarding the use of AssistBot. The User accedes to this Agreement in accordance with clause 2.7. of this Agreement.

2.2. The Rights Holder maintains the following AssistBot functions:

1) Maintaining message statuses: sent to the system/delivered to the customer/read by the customer;

2) Receiving and sending files, voice messages and images, as supported by the integrated application;

3) A notification system;

4) A multi-user interface;

5) A full-featured API (access on request).

2.3. AssistBot functionality may be expanded or reduced as the Service develops.

2.4. Within the meaning of Article 1235 of the Civil Code of the Russian Federation, this Agreement is a license agreement.

2.5. By registering for the Service and using AssistBot, the User represents that they will use AssistBot solely on the terms of this Agreement and solely for business purposes to simplify business processes, without the right to use AssistBot for personal, family, household, domestic or other needs unrelated to the User's business activities.

2.6. The User uses AssistBot at their own risk. The User is independently liable to third parties for their actions related to the use of AssistBot. Nevertheless, the Rights Holder confirms that it holds exclusive rights to the AssistBot Service. If claims or lawsuits are brought against the User concerning infringement of third-party rights through use of the Service provided under this Agreement, the Rights Holder undertakes to make every necessary effort to resolve the dispute and compensate the User for resulting losses.

2.7. This Agreement is concluded through full and unconditional acceptance of its terms by registering on the page at: https://lk.assistbot.ru/ as a User and receiving a unique identification code (username) and password. Payment for Access constitutes additional confirmation of acceptance of this Agreement.

2.8. Before accepting this Agreement, the User undertakes to review its terms and the pricing plans published by the Rights Holder on the website at:  https://assistbot.ru/ . The Rights Holder may amend the pricing plans; for the User, such changes take effect upon expiration of the previously paid period of Service use.

2.9. The User acknowledges and agrees that the Rights Holder may amend the User Agreement by publishing a new version on the website at https:// assistbot.ru. The User's continued use of AssistBot after the Rights Holder publishes the new version confirms acceptance of the revised Agreement. Changes take effect when the new version is posted, unless otherwise specified in that version of the User Agreement.

2.10. The User is independently responsible for safeguarding and keeping confidential their registration details: username and password. All actions performed using the User's username and password are deemed to have been performed by the User. The User is independently liable to third parties for all actions performed using their username and password. The Rights Holder is not liable for unauthorized use of the User's registration details by third parties.

2.11. To use AssistBot, the User needs a computer or other technical device providing Internet access. The User independently handles the acquisition of Internet access and the purchase and configuration of the relevant equipment and software; these matters 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 “as is” (including any subsequent development and modification), and that the Rights Holder is not liable for delays, failures, incorrect or untimely delivery, deletion or loss of any User personal information.

2.14. Access is provided solely within the prepaid period, in accordance with the rates published at https://assistbot.ru/. Upon expiration of this period, and if the User submits no written claim within 3 days after the end of the Access period under the selected plan, the Rights Holder's obligations to provide access to the Service and maintain its operation are deemed duly performed.

2.15. When accessing AssistBot, it is prohibited to compromise the Service's information security, including:

• attempting to test vulnerabilities in AssistBot security or bypass registration and authorization procedures without the Rights Holder's permission;
• imitating and/or forging any TCP/IP packet header or any part of a header in an email or material posted on the Service;
• accessing, using, copying, adapting, modifying, creating derivative works from, distributing, transmitting, displaying, performing or otherwise using AssistBot in prohibited or unauthorized ways, or in ways that overload services, impair their operation or harm our users or others;
• reverse engineering, altering, modifying, creating derivative works from, decompiling or extracting code from AssistBot;
• sending, storing or transmitting viruses or other computer code through AssistBot;
• gaining or attempting to gain unauthorized access to AssistBot;
• interfering with or compromising the integrity or operation of AssistBot;
• obtaining information from or about AssistBot users in prohibited or unauthorized ways;
• selling, reselling or renting an AssistBot account, or taking other actions for profit by distributing personal access to the Service;
• creating software or APIs whose functions are substantially the same as AssistBot's and offering them to third parties.

2.16. Technical support and advice on using the Service are provided on the page at: https://assistbot.ru/

2.17. The User acknowledges that all rights to AssistBot belong to the Rights Holder and that the User and other persons may not:

• copy or modify AssistBot or its components;
• create programs derived from AssistBot;
• intrude into the AssistBot software;
• use AssistBot for purposes other than those specified in this Agreement;
• modify AssistBot, including for the purpose of gaining unauthorized Access;

3. Rights and obligations of the Parties

3.1. The Rights Holder undertakes to:

3.1.1. Provide the User with Access to AssistBot functionality through the client web interface using the User's username and password, subject to the limitations and exclusions specified in this Agreement. The Rights Holder is not liable if the User cannot use AssistBot functionality for reasons beyond the Rights Holder's control;

3.1.2. Send the User invoices and acceptance certificates based on information provided by the User;

3.1.3. Provide the User with Access to the Service within 1 business day after receiving payment under the applicable plan.

3.2. The Rights Holder may:

3.2.1. Receive payment from the User for Access to AssistBot on the terms of this Agreement;

3.2.2. Use the User's data in anonymized form that does not allow third parties to obtain the User's personal data or confidential information, to improve AssistBot operations;

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

3.2.4 If necessary, send the User email or messenger messages concerning the use of AssistBot. The Rights Holder will never request confirmation of personal information in such messages;

3.2.5. Amend this Agreement and the pricing plans in accordance with clauses 2.8 and 2.9 of this Agreement;

3.2.6. Restrict Users' Access under this Agreement, impose additional restrictions on the use of AssistBot and change those restrictions at any time;

3.2.7. Temporarily suspend the User's Access for technical, technological or other reasons until those reasons are resolved;

3.2.8. Suspend Access and/or terminate the Agreement early in accordance with clause 7.3 of this Agreement.

3.2.9. Close the Service at any time without prior notice to Users. In that event, the Rights Holder bears no liability for termination of Access to AssistBot;

3.2.10. If the User provides incorrect information, or the Rights Holder has grounds to believe that the information provided is incorrect, incomplete or inaccurate, suspend Access until the information is confirmed and/or corrected, or refuse the User Access;

3.2.11. Suspend the Service for no more than 3 business days to carry out necessary scheduled preventive and repair work on the Rights Holder's technical resources, as well as unscheduled work in emergencies. If the Rights Holder's Service is suspended for these reasons, the Rights Holder notifies the User at the email address provided by the User. Such necessary scheduled preventive and repair work, and unscheduled emergency work, is not and cannot be considered a breach of the Rights Holder's obligations under this User Agreement, nor grounds for refunding the amount paid by the User under this Agreement. If such preventive or repair work is performed, the Access period is extended by the corresponding number of days spent on that work.

3.3. The User undertakes to:

3.3.1. Pay for the Access to AssistBot provided by the Rights Holder on the terms of this Agreement;

3.3.2. Access AssistBot strictly in accordance with this Agreement and applicable law, including requirements concerning confidentiality, the prohibition of spam, unsolicited marketing, notifications and/or labels identifying messages as advertising.

3.3.3. Provide truthful, accurate and complete information about themselves as requested in the registration form, and keep it up to date;

3.3.4. Secure and protect their device and account, prevent unauthorized Access to AssistBot, and take security and confidentiality measures when transmitting, storing and processing data provided to the Rights Holder;

3.3.5. Immediately notify the Rights Holder if the User discovers or suspects unauthorized Access on their behalf;

3.3.6. Not transfer their rights under this Agreement to a third party;

3.3.7. Not compromise or attempt to compromise AssistBot's information security, or assist third parties in doing so directly, indirectly, through automated means or otherwise;

3.3.8. Not infringe the Rights Holder's exclusive rights to AssistBot;

3.3.9. Take measures to keep their registration details, username and password confidential.

3.3.10. Send the Rights Holder a Universal Transfer Document (UPD) signed by the User within five business days from the date the service is provided. If the copy of the UPD delivered to the User is not returned to the Rights Holder within five days and the User does not email a reasoned refusal to sign the documents to info@assistbot.ru, the service is deemed accepted on the terms contained in the UPD.

3.4. The User may:

3.4.1. Obtain Access to AssistBot functionality through the client web interface using their username and password on the terms of this Agreement;

3.4.2. Receive technical support and advice from AssistBot regarding operation of the Service;

3.4.3. Contact the Rights Holder to resolve disputes or obtain assistance in using AssistBot.

4. Access fees and payment terms

4.1. The User pays the Rights Holder for Access to AssistBot in accordance with the rates published on the website at:  https://assistbot.ru/ . The Rights Holder unilaterally determines the price and terms of Access for all plans by publishing information on the website in accordance with clauses 2.8. and 2.9. of this Agreement.

4.2. The User pays for Access in Russian rubles by cashless transfer to the Rights Holder's bank account.

4.3. Access is provided on a prepaid basis. The User makes an advance payment of 100% (one hundred percent) of the selected plan's price. Payment is deemed made when the funds are credited to the Rights Holder's bank account.

4.4. When paying for Access using the payment tools available on the website  https://assistbot.ru/ , the User is automatically redirected to the payment processing system to pay for the selected plan.

4.5. Payments are accepted according to the procedures established by the payment processing system operator. The Rights Holder is not liable for transactions made using that system. Questions concerning a completed payment are resolved according to the procedures established by the payment system operator.

4.6. The time required for payment to be credited may depend on the selected payment method and the processing schedule established by the payment system. The payment system operator may delay or cancel payments to prevent illegal activity or fraud and ensure security during risk assessment or investigation.

4.7. All payments made by the User on the website  https://assistbot.ru/ exclude Internet access and data traffic charges. The Internet provider or mobile operator may charge for the User's data traffic.

4.8. Personal information provided during an online payment (name, address, phone number, email and credit card number) is confidential and must not be disclosed. Card details are transmitted only in encrypted form and are not stored on the website's web server  https://assistbot.ru/ . We recommend checking browser security for online payments on the dedicated page. The payment service operator guarantees the security of online payment processing.

4.9. When paying for Access on the website https://assistbot.ru/ the User undertakes to use only a bank card they own and for which they have entered into the relevant agreement with the bank. If the User knowingly uses another person's bank card, they are independently liable for any damage caused or potentially caused to the cardholder by those actions.

5. WARRANTIES AND LIMITATIONS
6. Privacy and personal data processing policy

5.1. By accepting this Agreement, the User consents to the Rights Holder collecting, storing and processing their personal data to fulfill its obligations under this Agreement. From the time the User registers with AssistBot, this consent is deemed to have been given in writing.

5.2. The data to be processed includes:

— contact phone number;

– surname, first name and patronymic;

— email address;

— other information provided during User registration and necessary for issuing an invoice.

5.3. Personal data is processed using automated means or without such means (mixed processing) and includes collection, recording, systematization, accumulation, storage, clarification (updating, amendment), extraction, use, transfer (dissemination, provision, access), anonymization, blocking, deletion and destruction of personal data, including its transfer in accordance with Russian law through secure communication channels (on machine-readable media) within the Rights Holder's internal network and/or to a person processing personal data on the Rights Holder's behalf, if processing is entrusted to such a person.

5.4. The User consents to receiving the AssistBot newsletter, system messages and notifications related to operation of the Service, and other information at the email address provided during registration. The User may opt out of the newsletter.

5.5. The User retains the right to withdraw consent by sending the relevant notice. The Rights Holder must delete the User's personal data within 30 days of receiving the request. However, if the User has not withdrawn from this Agreement, the Rights Holder may continue processing personal data to perform this Agreement and in other cases provided for by applicable law. Withdrawal of consent to personal data processing makes further use of the Service impossible.

5.6. The User's consent to processing of their personal data remains valid throughout the term of this Agreement and for 5 (five) years after its termination.

5.7. The Rights Holder is not liable for possible misuse of the User's personal information resulting from:

• technical faults in software, servers or computer networks beyond the Rights Holder's control;
• interruptions to the Service caused by third parties' intentional or unintentional misuse of AssistBot;
• other events occurring through no fault of the Rights Holder.

5.8. By using AssistBot, the User agrees and accepts that the Rights Holder reserves the right to use their personal information anonymously and in aggregate for statistical purposes.

5.9. The Rights Holder undertakes not to provide Users' personal information to individuals or organizations indicating possible misuse of such information (sending unauthorized advertising or spam, providing information to others, and similar purposes), except as provided by applicable Russian law.

5.10. The Rights Holder collects and stores only the personal information necessary to provide the Service or perform agreements and contracts with the User, except where law requires personal information to be stored for a specified period, including for the purposes of:

– identifying the User;

– providing personalized services to the User;

– improving the quality of services provided by the Service and developing new ones;

– communicating with the User, including sending notifications, requests and information concerning use of the website and provision of services, and processing the User's requests and applications;

– conducting statistical and other research using anonymized data;

– conducting marketing promotions for Users, including distributing invitations to participate and providing the prizes/rewards offered;

– distributing advertising and informational materials over telecommunications networks, including by telephone, Internet or direct contact;

– targeting mailings, advertising materials and other information provided to Users.

5.11. The User's personal information remains confidential, except when processing personal data to which the User has granted unrestricted public access, or which has been made public at their request.

5.12. The Rights Holder may transfer the User's Personal Information to third parties in the following cases:

– the User has consented to such actions;

– the transfer is necessary to use a particular service offered by the Rights Holder;

– the transfer is provided for by Russian or other applicable law under the legally established procedure;

– the transfer takes place as part of a sale or other transfer of the Service, in whole or in part, in which case the acquirer assumes all obligations to comply with this User Agreement in relation to the personal information received.

6. Liability of the Parties

6.1. The User's liability is determined by applicable law. If the terms of this Agreement are breached, the Rights Holder may block the User's access to the Service without any compensation or reimbursement and without prior notice.

6.2. Under no circumstances is the Rights Holder liable:

• for delays, failures, incorrect or untimely delivery, deletion or loss of any information when using AssistBot;
• for the availability of WhatsApp or Telegram when integrated with the User's system, including possible WhatsApp or Telegram failures, court-ordered blocking, incompatibility with the User's system or failures during integration;
• for complete or partial inability to use AssistBot functionality for reasons beyond the Rights Holder's control;
• for AssistBot meeting User requirements or expectations not specified in this Agreement;
• for inability to provide continuous, fast, reliable and error-free Access;
• for results obtained using AssistBot;
• for correcting all errors that arise;
• for loss of data or damage to the User's equipment when using AssistBot;
• for any direct or indirect losses resulting from use of, or inability to use, AssistBot;
• for unauthorized access to the User's account;

6.3. In the event of a breach of this Agreement, the Rights Holder undertakes to compensate the User for documented damage caused by that breach.

6.4. In all circumstances, the Rights Holder's liability is limited to 5 000 (five thousand) rubles and arises only where the Rights Holder is at fault.

6.5. A Party that fails to perform or improperly performs an obligation is liable unless it proves that proper performance was impossible due to force majeure, meaning extraordinary and unavoidable circumstances under the prevailing conditions. Such circumstances do not include, in particular, breaches by the debtor's counterparties, lack of required goods on the market or lack of funds. If force majeure circumstances arise that a Party could neither foresee nor prevent through reasonable measures, the time for performing obligations under this Agreement is extended by the duration of those circumstances, without compensation for losses or penalties. The Parties undertake to notify each other immediately, and no later than 5 (five) business days after such circumstances arise. Either Party may require the other to provide documents confirming the circumstances cited as grounds for exemption from liability for nonperformance under this Agreement. Such documents include Chamber of Commerce and Industry opinions and documents issued by competent state authorities. If force majeure circumstances and/or their consequences continue for more than 30 (thirty) consecutive calendar days, either Party may terminate the Agreement by sending written notice to the other Party.

7. Term and termination of the Agreement

7.1. The Agreement takes effect upon acceptance and remains in force until terminated.

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

7.3. The Rights Holder may, without notice, unilaterally terminate this Agreement early out of court under Article 450.1 of the Civil Code of the Russian Federation if the User breaches obligations and/or warranties assumed under this Agreement or does not use Access for 6 (six) consecutive calendar months.

7.4. A refund is possible before the Rights Holder performs its obligations under the Agreement, namely before it provides access to the Service. Access is provided after the User pays the fee using a payment method specified on the AssistBot website. Once the fee is paid and access to the Service is provided, the Parties' obligations under the Agreement are deemed fully and duly performed.

7.5. Fees paid by the User for access to the Service are not refundable by the Rights Holder to the User.

8. Miscellaneous

8.1. This Agreement, its conclusion and performance are governed by the laws of the Russian Federation.

8.2. The User and the Rights Holder agree to a mandatory pretrial claims procedure, with claims to be considered within 30 (thirty) business days of dispatch.

8.3. If a dispute cannot be settled and the mandatory pretrial claims procedure has been followed, disputes between the User and the Rights Holder will be resolved by the Moscow Arbitrazh Court, the Presnensky District Court of Moscow or the magistrate's court of judicial district № 418 of Moscow.

8.4. Notices under this Agreement, other than those for which section 7 requires written form, may be sent by email. The User's email address is the address provided during registration. The Rights Holder's email address is support@AssistBot24.com. Documents and messages sent to the User's email address provided during registration for the Service, or using the Service's functionality, are deemed signed with a simple electronic signature, equivalent to paper documents and admissible as evidence in court.

8.5. Without prejudice to this Agreement, the User and the Rights Holder may at any time execute it as a single document signed by both Parties.