1.1 Chatfly.io (hereinafter - the "Performer") allows a legally capable individual who has joined this Agreement at his/her own will, or on behalf and in the interests of the legal entity represented by him/her (hereinafter - the Customer) - to use the services of https://chatfly.io/ and its any subdomains (hereinafter - "Site") on the terms set forth in this User Agreement (hereinafter - the "Agreement"). The Agreement comes into force from the moment the User agrees to its terms and conditions as set forth in clause 1.2 of the Agreement. 1.2 of the Agreement.
1.2 The text of the Agreement is offered for reading to the Customer when registering on the site https://chatfly.io/. The Agreement enters into force after the Customer agrees to its terms in the form of confirmation of familiarization and completion of the registration procedure on the site https://chatfly.io.
1.3 Use of materials and services of the Site is regulated by the norms of international law, as well as the norms of law of the Client's country of residence (hereinafter "Current legislation").
1.4. This Agreement is a public offer. By receiving access to the materials of the Website, the Customer is considered to have acceded to this Agreement and accepts all the terms and conditions of this Agreement, the Rules of using the Website, the Requirements to advertising materials and the content of messages sent in full, without any exceptions or limitations and undertakes to comply with them in full.
1.5 The Contractor transfers to the Customer for a fee a set of software solutions to optimize the operation of WhatsApp
messenger for specific needs of the user (hereinafter "Instance").
1.6. The Website Administration has the right to change the terms of this Agreement unilaterally at any time without any special notice to the Customer. All the changes made by the website administration come into effect after 1 (one) working day from the moment of posting of the new version of the Agreement on the website. If the Customer does not agree with the changes, he is obliged to refuse access to the Site and stop using the materials and services of the Site.
1.8 The Contractor shall by no means charge the User for the use of WhatsApp messenger, as WhatsApp messenger is in fact conditionally free software (software with royalty-free (or reimbursable under certain conditions) use, the right to establish fees and subsequent charging for the use of WhatsApp messenger belongs entirely to WhatsApp LLC (see clause 1.6.).
1.9 The Contractor shall charge the Customer only and exclusively for its own developments optimizing the user's capabilities when using WhatsApp messenger.
1.10. The Contractor's software provided to the User does not contain any parts, fragments or elements of code belonging to WhatsApp LLC, as well as the software used by WhatsApp LLC for distribution and operation of WhatsApp messenger does not contain any parts, fragments or elements of the Contractor's code. The operation of the WhatsApp messenger belonging to WhatsApp LLC is entirely possible without the use of software developments of the Contractor. The use of the Contractor's software developments implies the Customer's personal decision on the use of tools optimizing the WhatsApp messenger management.
1.11 The Contractor recommends using WhatsApp Business API (WABA) as an official solution provided by WhatsApp LLC for business purposes. The use of both WABA and the personal version of WhatsApp messenger is possible without the use of software developments of the Contractor.
2.1 Website is chatfly.io and all its subdomains located on the Internet at: www.chatfly.io.
2.2 Site Administration - a person authorized by the Contractor to manage the Site, as well as other activities related to the use and operation of the Site.
2.3 Service - a set of services provided to the Customer by the Executor using the Site.
2.4 Login - a sequence of characters that identifies each Customer among other users of the Site.
2.5 Password - a sequence of symbols, known only to the Customer, stored on the Site in encrypted form, used to identify the Customer.
2.6. API - this is a functionality and/or programming interface that allows you to implement in existing software, website, etc., messenger functions, expand and optimize the functions of the messenger for more convenient use.
2.7 Instance - an account containing a set of software solutions to optimize the WhatsApp messenger, received by a user to connect one phone number.
3.1 When using the Service, the Customer is obliged to comply with legal requirements, including the provisions of legislation regulating the protection of copyright and other intellectual property rights, the protection of personal rights, religious and social beliefs, national dignity; the requirements of other countries, as well as international law and to use the Service only to transfer information to users who gave the appropriate consent to receive it. The Customer undertakes to obtain in advance from the user to whom it is planned to send the message - the consent in any form, such as oral, written or by the primary message from the user to the Customer.
3.2 The Customer undertakes not to use the Executor Services, as well as not to contribute to possible attempts to use the Executor Services by third parties for :
- organizing mass mailings of advertising correspondence to persons who have not expressed a desire to receive it (spam mailings);
- mass mailings;
- for the transmission of messages that have the potential, directly or indirectly, to disrupt the performance of the equipment or software functionality of the Contractor;
- to transmit inaccurate as well as confidential information;
- to transmit information that was obtained illegally by the Employer;
- to transmit information that violates the copyright or related rights of third parties;
- transmitting materials that are illegal, harmful, threatening, offensive to morality, honor and dignity, rights and legally protected interests of third parties, defamatory, propagandizing hatred, cruelty, violence and/or discrimination against people on racial, ethnic, gender, social grounds, contribute to inciting religious, racial or ethnic hatred, contain scenes of violence, or inhuman treatment of animals, etc;
- to transmit messages of pornographic or other objectionable nature;
- to send messages that mislead users (for example, sent under another person's name or giving false information);
- transfer of information that violates the norms of applicable law, as well as the norms of international law;
- transmission of materials containing computer codes designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs, to implement unauthorized access, as well as serial numbers to commercial software products, logins, passwords and other means for obtaining unauthorized access to commercial resources on the Internet;
dissemination of information of a political nature, including those related to the collection and / or dissemination of information of a political nature, political agitation;
collection and storage of personal data of other users;
- advertising of alcohol, tobacco and narcotics, as well as other means and substances prohibited by law;
- shortening links / making forms / generating QR codes with content that is illegal, harmful, threatening, defamatory, offensive to morality, violates copyrights, promotes hatred and/or discrimination against people on racial, ethnic, gender, religious, social grounds, contains insults to specific persons or organizations;
- shortening links / making forms / generating QR codes with content that the customer has no right to make available under the law or under any contractual restrictions, as well as content that affects any patent, trademark, trade secret, copyright or other property rights and/or copyrights and related rights of third parties.
3.3 When registering, the Customer can choose his own login to access his account. The Customer is solely responsible for the security of the password he chooses, as well as independently ensure the confidentiality and safety of his password.
3.4 The Customer is solely responsible for all actions (as well as their consequences) performed with the use of the Service under the Customer's account, including cases of voluntary transfer by the Customer of data for access to the account to third parties on any terms (including under contracts or agreements). In this case, all actions within or with the use of the Service under the Customer's account are considered to be made by the Customer.
3.5 The Administration reserves the right to make urgent changes to the Service without prior notice to the Customer in cases that rely on the normal provision of services (in particular, due to problems with the network and its security).
3.6 Responsibility for the origin, content and reliability of the information posted by the Customer using the Service, as well as for compliance of such information with the requirements of local and international law is borne solely by the Customer.
3.7 If the Customer violates the terms of this Agreement, the requirements of current or international law, the Customer shall be fully responsible to the Contractor and / or third parties for their actions related to the use of the Service, including if such actions would lead to a violation of the rights and legitimate interests of the Contractor and / or third parties.
3.8 The website Administration has the right to terminate the Customer's access to the Service in case the Customer violates the conditions stipulated by the Agreement and/or in case of violation of the current legislation, as well as the legislation of other countries and/or international legislation.
3.9 The site administration reserves the right to unilaterally change the tariff policy, with the subsequent publication of new tariffs on the Site. Tariff changes come into effect after 5 (five) calendar days from the date of publication of the new tariffs on the website. If the Customer does not agree with the changes, he is obliged to refuse access to the Site, stop using the materials and services of the Site.
3.10. The Website Administration is not responsible for all the consequences that resulted from the Customer's violation of this Agreement.
3.11. The Customer has the right to refuse to use the API, but by continuing to use the Executor's site, the Customer automatically agrees to use the API.
3.12. The Contractor reserves the right to change the API operation policy from time to time, without prior notice.
3.13. The Executor is not responsible for the content of external sites.
3.14. The Customer undertakes to specify e-mail as the main way of communication with him during registration on the Site and not to use e-mail that does not belong to him.
3.15. The Customer agrees that it must independently evaluate all risks associated with the use of the API and the Site, as well as those associated with the use of content, including an assessment of the reliability, completeness or usefulness of that content.
3.16. The Executor shall have the right without any penalties to the Executor to block the Customer access to the system in case the latter uses the e-mail or phone number which do not belong to him and to charge a penalty in the amount of the balance of money on the Electronic virtual account of the Customer at the moment of the termination of the Services. Negative consequences of such blocking, arising for the Customer, are fully borne by the Customer and cannot be claimed from the Executor in any way.
3.17. The Contractor is not obliged to view content of any kind that is broadcast by the Customer.
3.18. Executor has the right (but not the obligation) at its discretion to refuse to place the Customer's content, or remove any content that is used by the Customer on the Executor's website.
3.18. The Executor is not responsible for the content of the links / forms / QR codes that the Customer creates with the help of the Executor's website and makes them published.
3.19. Provider has the right to block / delete any links / forms at its discretion without giving any reasons.
3.20. The Customer agrees that when using the API and/or the Service and/or the Site, the Customer pays for the monthly use of the Service (according to the tariff plan).
3.21. By using the API and/or the Service and/or the Site, the Customer gives its explicit, specific consent to the "Public Agreement" and the "Requirements for the content of messages sent via the suggested messengers" published on the Site.
3.22. The Customer gives his unambiguous, specific and informed consent to the use of the Executor's site or sites of related APIs.
3.23. By registering on the site and using the Service/API the Customer has the opportunity (but not the obligation) to authorize the phone number (account in messenger) in his personal cabinet, and the Customer gives his explicit, specific and full consent to full access of the Contractor to the authorized account in messenger.
3.24. When using the Service/API/Site, the Customer undertakes not to violate the rules of WhatsApp, Telegram and Facebook by his actions.
3.25. The Executor has the right to block the Client's access to the system in case of violation of the rules from the "Public Agreement" or "Requirements to the content of messages" by the Client. Negative consequences of such blocking arising for the Customer are fully borne by the Customer and cannot be claimed from the Executor in any way.
4.1 By acceding to the terms of this Agreement, the Customer consents to the automated processing of the personal data provided for the purpose of entering into the contract, as well as its subsequent execution.
4.2 In cases expressly provided by law, information on personal data may be transferred to third parties only by prior written agreement of the Parties.
5.1 This Agreement, the procedure for its conclusion and execution, as well as all possible disputes arising from this Agreement or related to it, not regulated by this Agreement, shall be governed by applicable law and/or international law and/or the laws of other countries.
5.2 If for any reason one or more provisions of this Agreement are held invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the Agreement.
5.3 Nothing in the Agreement may be construed to establish an agency, partnership, joint venture, employment, or other relationship between Client and Contractor that is not expressly provided for in the Agreement.
5.4 The Customer confirms that he is familiar with all the clauses of this Agreement and unconditionally accepts them.
5.5 The provisions of this Agreement shall be binding on all previously registered Customers.
6.1 The cost of the Services is indicated on the Site.
6.2 The cost of the Services chosen by the Customer is fixed in the Application for connection. The application for connection can be a registration on the Site.
6.3 Payment is made monthly, in the form of 100% prepayment. Semi-annual and annual payment is allowed. To pay for more than a month, the Customer requests an invoice from the Contractor for payment.
6.4 The Contractor has the right to change the cost of the Service unilaterally, subject to prior notice to the Customer 5 (five) days before the date of changing the cost.
6.5 Payment is made by bank transfer upon request for an invoice or by electronic payment.
6.6 The date of payment is the date of crediting the money to the account of the Contractor.
6.7 At the end of the month the Contractor can provide an act of work performed.
6.8 In the case of a situation that assumes the return of funds through the fault of the client - the commissions of payment systems are borne by the client. The amount paid to the service chatfly.io will be reduced strictly by the amount of commissions of the payment aggregator used by the client for payment.
6.9 When paying for the service, the user accepts the fact that the use or non-use of the service capacity is the exclusive right of the user. Service reserves all capacities and assigns them to the user. Failure to use the services when paying for the service is the exclusive right of the user and is not a basis for refunds.
7.1 The Service and/or the chatfly.io Website are not supported or endorsed in any way by WhatsApp Inc (or any of its affiliates or subsidiaries). The Service of the Executor, the Api and the Site are unofficial and independent from WhatsApp Inc (or any of its branches or subsidiaries). The Service of the Contractor does not contain parts, fragments or elements of code belonging to WhatsApp LLC, as well as the software used by WhatsApp LLC for distribution and operation of WhatsApp messenger does not contain parts, fragments or elements of code of the Contractor. The Customer is aware of all the risks associated with the use of the Service/Site/API.
7.2 The Customer agrees to the fact that his account (and his phone number) may be blocked and/or banned at any time by the automatic anti-spam system of WhatsApp and/or WhatsApp Inc.
7.3 The Executor is not responsible for blocking or banning the Client (his account and/or his phone number(s)).
7.4 The Executor is not responsible for inability of the Client to access the service, API, accounts, etc. for reasons related to the failure of the Internet channel, equipment or software of the Client.
7.5 The Contractor is not responsible for the inability of the Customer to access the service, the API due to changes in the software by WhatsApp Inc.
7.6 The Customer acknowledges that for the Service (API) to work, the phone connected to the Service must always be connected to the Internet and must not be used for Whatsapp Web.
REQUIREMENTS FOR THE CONTENT OF MESSAGES SENT ON THE PROPOSED MESSENGERS
These requirements are binding when using the Api and sending any messages using the Service / Api / Site. When sending messages is not allowed advertising of goods (works, services) prohibited for production and sale in accordance with the law, as well as advertising is not registered in accordance with the law of religious organizations and spiritual educational institutions. Messages shall not be used for propaganda or agitation of violent change of the constitutional system, violation of the integrity, undermining of state security, inciting social, racial, national, religious, class and tribal discord, the cult of cruelty and violence, pornography, cynicism, humiliation of human honor and dignity, as well as distribution of information constituting state secrets and other protected
legal secrecy. Spam and/or spamming is prohibited.
- disseminate information regarding goods whose production, circulation or import into the customs territory is prohibited by law;
the text of the message should not incite panic in society, encourage individuals to aggression, as well as other unlawful action (inaction);
- place statements that discriminate on the basis of origin, social and property status, race and national origin, gender, education, political views, attitude to religion, language, type and nature of occupation, place of residence, as well as those that contain a comparison of advertised goods (works, services) with goods (works, services) of other individuals or legal entities, as well as statements, images that discredit their honor, dignity and business reputation;
- provide information or call for actions that may violate the law, cause or are likely to cause harm to health or life and/or the environment, or encourage the disregard of safety equipment;
make statements that discredit, humiliate or ridicule individuals or entities who do not use the advertised goods (works, services);
- use or imitate images of State Emblems, State Flags, the sounding of State Anthems, images of state symbols of any states and international organizations, as well as the official names of state and local governments, except as provided by the laws in the field of intellectual property;
- advertise goods that are subject to mandatory certification or the production or sale of which requires a special permit, license, in the absence of a certificate, permit, license;
place an image of an individual or use his or her name without that person's written consent;
- imitate or copy the brand name, trademark, formulas, images, texts and other commercial designations used in the advertising of other products;
- advertise services related to concert, touring, touring-concert, competition, festival activities, without information about the use or non-use of phonograms by performers of musical works;
- to distribute advertisements for fortune-telling and fortune-telling services;
- advertising of electronic casinos and online casinos is prohibited.
Advertising of goods (works, services) that are subject to mandatory certification but have not passed it is prohibited.
Advertising of alcoholic beverages, tobacco products, advertising of trademarks for goods and services and other objects of intellectual property rights under which alcoholic beverages and tobacco products are produced is prohibited. Advertising in the form of various events, including prize draws, lotteries aimed at stimulating demand and interest in alcoholic beverages, tobacco and tobacco products is also prohibited.
- Advertising of medical services, methods and means of prevention, diagnosis, treatment and medical rehabilitation (hereinafter - services), medicines, medical devices and medical equipment, biologically active food supplements must be reliable, recognizable without special knowledge or use of special means, exclude comparisons with other services, medicines, medical devices and medical equipment, biologically active food supplements, not to mislead consumers through
- It is prohibited to advertise medicines, medical devices and medical equipment, biologically active food supplements, and preventive drugs that are not registered in the countries where the mailing is used;
- It is prohibited to advertise medicines, medical devices and medical equipment in the absence of a license to perform the relevant type of activity;
- It is prohibited to advertise services in the absence of a license for the relevant type of activity;
- It is prohibited to advertise services provided by persons who do not have a license to practice medicine;
- It is prohibited to indicate the following diseases in advertisements for the public: sexually transmitted diseases, cancer, mental health, dangerous infectious diseases, HIV/AIDS, tuberculosis, diabetes;
- It is prohibited to refer in advertising to the recommendations of scientists, health professionals, as well as public officials who, due to their own fame, may encourage the use and (or) prescription of medicines, medical devices and medical equipment;
- It is prohibited to advertise a service, medicine, medical device and medical equipment, biologically active food supplements as unique, the most effective and safe;
- to claim that the safety and efficacy of the drug is due to its natural origin is prohibited.
- to suggest that the effectiveness of the service provided, the treatment with the advertised medicine, biologically active food supplement is guaranteed, the use of the product is not accompanied by the development of side effects - is prohibited;
- It is prohibited to advertise information that is not directly related to the advertised services, medicinal product, medical device and medical equipment;
- It is prohibited to advertise offers of illegal transactions involving human tissue (part of tissue) and (or) organs (part of organs).
- prohibited advertising of drugs must contain complete (including appropriate restrictions on the use of the drug) and reliable information, the exclusion of which could lead to inappropriate use of the drug or unreasonable risk to the consumer.
Advertising of healings is prohibited, as well as advertising of new methods of prevention, diagnosis, rehabilitation and medicines that are under consideration in accordance with the established procedure, but have not yet been approved for use. Advertising of services of folk medicine (healing) and persons who provide them shall be allowed only if there is an appropriate special permit (license) to practice medicine (healing) issued by the relevant authority that implements the state policy in the field of healthcare, and must contain the number, date of issue of the marked permit (license) and the name of the body that issued it.
Advertising for contests, lotteries, prize draws and promotional events shall contain information about the timing and location of such events and indicate the information source from which information about the conditions and location of these events can be obtained. Information about any changes in the conditions, place and timing of competitions, lotteries, prize draws, promotional events, etc. shall be presented in the same order in which it was distributed. Instructional and methodological material on organizing and conducting the lottery should contain the following information: the type of lottery; technology of organizing the lottery; the order of formation and distribution of the prize fund, the number of draws, the cost of SMS-lottery, SMS-messages, the name, number and value of the prize fund; order of informing participants in the lottery about the basic rules of participation in the draw, winning with the terms and results; order and terms of receiving prizes (including possible
Advertising about product price discounts, sales must contain information about the place, start and end date of product price discounts, sales, as well as the ratio of the size of the discount to the previous selling price of the goods. Information about the prices of goods, tariffs for services, given in the advertising, which is placed or distributed in the territory of the country, shall be indicated only in the national currency.
Advertising of weapons in the service is not allowed.
in the production, distribution, placement of advertising of financial (including banking), insurance, investment and other services related to the use of money of individuals and legal entities, as well as securities is prohibited:
- cite information in the advertisement that is not directly related to the advertised services or securities;
- guarantee the receipt of income and the amount of dividends on ordinary shares;
- to advertise securities without registration of the issue, as well as when the issue of securities is suspended or recognized as failed;
- provide any guarantees or offers of future performance (profitability), including by announcing an increase in the price of securities;
- conceal any of the material terms and conditions stipulated in the advertisement, contracts;
- It is prohibited to advertise business activities that encourage individuals to make their own profit or gain through the involvement of other individuals in the activities of the business or the purchase of goods from the business;
advertising of financial (investment) pyramid activities;
- banks are prohibited from advertising their activities that do not correspond to reality on the day of its publication;
- Legal entities and individuals who do not have a license of the authorized body to conduct banking operations shall be prohibited from advertising the services that fall under the category of banking operations;
- the use of the words "insurance", "reinsurance", "insurance organization", "reinsurance organization", "insurance broker" or derivative words (expressions) in any language in advertising by a person who does not have the appropriate license of the authorized body, which imply the implementation of insurance or reinsurance operations on their behalf or acting as an insurance broker, actuary;
- insurance (reinsurance) organizations are prohibited from advertising their activities that do not correspond to reality on the day of its publication.
it is forbidden to act as an advertiser of services provided by insurance (reinsurance) organizations to the following persons: legal entities that do not have a license of the authorized body for "life insurance" or "general insurance" and to carry out reinsurance activities; individuals who are not employees of insurance (reinsurance) organizations and are not authorized by insurance (reinsurance) organizations;
- the following persons are prohibited from acting as advertisers of services provided by professional securities market participants: - legal entities that do not have a license of the authorized body to carry out professional activities in the securities market; - individuals who are not employees of licensees and are not authorized licensees.
Advertising of pornographic materials, prostitution, as well as advertising that contains elements of cruelty, violence, cynicism, humiliation of human honor and dignity are not allowed.
Advertisements for services provided via telecommunications, including telephone services, when disseminated, must contain accurate information about:
- the content of the advertised service;
- the value of the advertised service;
- age and other restrictions established by law and by the manufacturer of the service regarding the range of consumers of the advertised service;
- paid or free use of the telephone channel when providing the advertised service and the cost per minute of telephone communication when receiving the service in the relevant region;
- full name and address of the person providing the service.
It is prohibited to post information about job vacancies that contain discriminatory labor requirements.
Advertising of construction objects for the purpose of selling residential and non-residential premises, including those associated with the attraction of funds from the population, is allowed only if there is a license (permit) to carry out construction activities and a permit to perform construction work on the specific object that is advertised. Such advertising must contain the number of the license (permit), the date of issue and the name of the body that issued the license (permit). It is prohibited to advertise residential buildings during the suspension of the license of the design company to organize the construction of residential buildings by attracting money from shareholders by local executive bodies of regions (cities of republican significance, the capital).
In the production, distribution, and placement of advertising to protect minors from abuse of their trust and lack of experience is not allowed:
- discrediting the authority of parents, undermining minors' trust in them;
- a direct offer urging parents or others to persuade them to buy the advertised product;
- direct instruction to minors that possession of a particular product gives them some advantage over others, and that the absence of such a product will result in the opposite;
- placement of text, visual or audio information in advertisements showing minors in dangerous places and situations when it is not justified by prevention goals;
- Understatement of the requisite skill level of using the product in minors, unless the results of using the product are shown or described. Advertising should provide information about what is realistically achievable for minors of the age group for which the product is intended;
- Creating in minors an unrealistic (distorted) idea of the cost (price) of products for minors, as well as a direct or indirect indication that the advertised products are affordable for any family budget.