License agreement for the use of the 'Anonymous Chat' program in messengers and on the website chatum.org

Please familiarize yourself with the terms of the following license agreement before using the "Anonymous Chat" program in messengers and on the website chatum.org.

Any use of the program by you, including payment for a Subscription for limited functionality, signifies your full and unconditional acceptance of the terms of this license agreement. Ignorance and/or failure to familiarize oneself with the terms of this Agreement does not exempt the User from liability for non-compliance with this Agreement.

If you do not accept the terms of the license agreement in full, you do not have the right to use the program for any purpose.

1. General provisions
1.1. This License Agreement (hereinafter referred to as the "License") establishes the terms of use of the "Anonymous Chat" program (hereinafter referred to as the "Program") and is concluded between any person using the Program (hereinafter referred to as the "User") and the administration of the online service located on the Internet at https://chatum.org (hereinafter referred to as "Chatum"), which is the copyright holder of the Program ("Copyright Holder").
1.2. The User has the right to use the Program in the following ways: registration in the Program, as well as the use of all available functions of the Program provided to the User. By using the Program under this License Agreement, the User expresses their full and unconditional agreement with all the terms of the License.
1.3. The use of the Program is only permitted under the terms of this License. If the User does not accept the terms of the License in full, the User does not have the right to use the Program for any purpose. The use of the Program in violation or non-compliance with any of the terms of the License is prohibited.
1.4. The use of the Program on conditions and in ways not provided by this License is possible only based on a separate agreement with the Copyright Holder. The use of individual functions of the Program may be subject to a fee.
1.5. The Program provides a functional opportunity to use a database that is a collection of users (with hidden personal data) of messengers and the chatum.org website for the purpose of anonymous or conditionally anonymous communication with each other, as well as the ability to search among such users according to specified parameters available through the Program (hereinafter referred to as the "Limited Functionality") for a fee in accordance with clause 4 of this License. The functional capabilities of the Program may be limited depending on the User's device.
1.6. Any claims or lawsuits arising from this License or the use of the Program, relating to this License and all relations related to the use of the Program, must be filed and considered in the court at the location of the Copyright Holder.

2. Limitations
2.1. The rights holder reserves the right to establish any rules, limits, and restrictions (technical, legal, organizational, or otherwise) on the use of the Program as a whole and its Limited functionality, and may change them at its own discretion. These rules, limits, and restrictions may vary for different categories of Users.
2.2. The rights holder has the right, without prior notice to the User, to provide the User with the opportunity to listen to recorded audio messages in order to reduce the waiting time for a dialogue according to the User's requested parameters, but no more than 3 dialogues throughout the entire period of the User's Program usage.

3. Terms of use of individual program functions
3.1. The execution of program functions is only possible with access to the "Anonymous Chat" on the Internet. The user independently obtains and pays for such access, if necessary, on the conditions and rates of their communication service provider or internet service provider.
3.2. The copyright holder reserves the right, at its discretion, to restrict the user's access to the program (or to certain program functions, if technically possible) in the event of repeated violation of this license, or to apply other measures to the user in order to ensure compliance with legal requirements or the rights and lawful interests of third parties.

4. Reward for using Limited functionality

4.1. General conditions
4.1.1. The copyright holder provides the User with access to Limited functionality for a fee. The User's payment is made to the copyright holder in advance or after the fact, depending on the User's chosen tariff. Tariffs are developed by the copyright holder based on marketing strategy and the number of users. A brief description of the tariff is posted in the Program interface, and a detailed description of the tariffs is available at the link: https://chatum.org/price. The copyright holder has the right to introduce new tariffs and make changes to already approved tariffs. If the User disagrees with such changes, the User has the right to switch to another tariff or refuse to use the Program in accordance with clause 4.1.6 of this Agreement.
4.1.2. Access to Limited functionality is provided by the copyright holder from the moment of receiving payment from the User, and the copyright holder reserves the right to grant access to Limited functionality before receiving payment. The copyright holder is considered to have fulfilled its obligations to provide access to Limited functionality at the time of granting access.
4.1.3. The copyright holder has the right to provide the User with access to Limited functionality without charging additional fees for informational and other purposes determined by the copyright holder. At the discretion of the copyright holder, such access may be granted to the User on the condition that the User performs certain actions (for example, activating access in the Program settings, paying for access for a long period, and so on), as well as without the User performing certain actions. The conditions for granting such access are determined by the copyright holder. To avoid any doubt, the provision of such access is the right of the copyright holder, not an obligation.
4.1.4. By making a payment for access to Limited functionality, the User authorizes Chatum to charge the subscription fee from the User's account, from which the payment was made, for each established paid period and thereby extend the access to Limited functionality (subscription). The User is granted access to Limited functionality for the period of time that they have paid for. By making the payment, the User gives explicit consent to immediate access to Limited functionality and agrees that payment for the provided Limited functionality for the paid period is non-refundable.
4.1.5. After the end of the paid User period of access to Limited functionality (subscription) for any term, the copyright holder has the unilateral right to extend such subscription for the same term with a change in the schedule of charging the fee (payment). The amount of such fee (payment) for the term of the originally chosen subscription remains the same. The number of such extensions is not limited.
4.1.6. The User can change the payment method or cancel the subscription at any time in the payment system settings or by contacting support.

4.2. Payment terms for remuneration
4.2.1. Access to the Limited functionality is provided on the terms of a subscription provided by this License (hereinafter referred to as the "Subscription"). By subscribing, the User enters into an agreement (hereinafter referred to as the "Agreement") with the Right holder, according to which the Right holder undertakes to provide the User with access to the Limited functionality for the Subscription Period, and the User undertakes to pay the cost of the Subscription.
For the purposes of this License, the Subscription Period is understood as a period of time (e.g., 7 days, 10 days, 1 month, or 3 months) for which the Subscription is made, and the corresponding amount of remuneration is determined according to the Subscription period.
A subscription period of 7 or 10 days begins on the date of payment for the Subscription and expires on the corresponding month and day of the calendar year following the date of payment for the Subscription.
A subscription period of one month or 3 months begins on the date of payment for the Subscription and expires on the corresponding day of the calendar month following the date of payment for the Subscription.
4.2.2. Information on the amount of remuneration for the Subscription, methods of payment, the Subscription Period, and other information is specified in the corresponding section of the Program interface and/or on the Chatum website on the internet at: https://chatum.org/price. This information forms part of this License.
4.2.3. In the event of a change in the Subscription Period and/or the amount of the corresponding remuneration, the amended conditions shall apply after their publication in the corresponding section of the Program interface and/or on the Chatum website on the internet at: https://chatum.org/price.
4.2.4. Payment is made by the User in advance. The Subscription is provided to the User in full from the moment when the User is granted access to the Limited functionality. No other moment shall be construed as the moment of performance of the obligations assumed by the Right holder.
The Right holder reserves the right to grant the User access to the Limited functionality until the remuneration for the Subscription is received. In this case, the Right holder shall be deemed to have fulfilled all of its obligations at the moment when the User is granted access to the Limited functionality.
4.2.5. When subscribing, the User authorizes the Right holder, for each Subscription Period determined by the User when subscribing, to charge the remuneration for the Subscription (subscription fee) established by the Right holder on the day of payment until the User refuses to extend the Subscription for the next Subscription Period.
4.2.6. The User understands and agrees that the Subscription is, by default, made indefinitely from the moment of payment for the first Subscription Period. The User has the right to refuse to extend the Subscription for the next Subscription Period by contacting the technical support of the Program or through the payment system settings. In this case, the User's access to the Limited functionality ceases from the day following the last day of the paid Subscription Period. In addition, the Subscription may be terminated by the Right holder in other cases or on other grounds provided for in this Agreement.
4.2.7. The Subscription payment is made with a Linked bank card through a partner payment system (bank-acquirer). For the purposes of these Terms, any bank card and/or electronic payment method linked in the Program interface shall be considered as a Linked card.
If there are insufficient funds on the Linked card to renew the Subscription, the Right Holder may retain the User's access to the Restricted functionality until the subscription fee is charged to the Linked card. The lack of sufficient funds on the Linked card for an extended period of time entitles the Right Holder to consider the User's refusal to renew the Subscription as of the start date of the unpaid subscription period.
4.2.8. By accepting this License, the User authorizes the Right Holder to issue instructions on behalf of the User for debiting funds from the User's account (linked to the Linked card) in favor of the Right Holder for the Subscription, and to send these instructions to the User's issuing bank through the bank-acquirer.
The User agrees to the automatic periodic debiting of funds from their account for payment of the Subscription by the instructions given by the User in accordance with this clause of the License, and acknowledges that the instructions for debiting funds from their account, sent in accordance with this clause of the License, are instructions given by the User themselves, and the actions of the processing center and the bank-acquirer in debiting funds in accordance with this clause of the License are carried out with the User's consent.
Debiting of funds in accordance with this clause of the License begins automatically under the following conditions:
・The User enters all the necessary details of the Linked card;
・The service for automatic debiting of funds from the Linked card is activated in the following way: automatically upon making the first payment;
・The User presses the "Pay Subscription" button (or any functionally equivalent button) to confirm their agreement with this License.
4.2.9. The User must independently monitor the information about the Subscription status (paid subscription period, cost of the Subscription) in the Program, as well as keep track of any changes and additions to the License in the Program and/or on the Chatum website at https://chatum.org/price. All receipts for Subscriptions paid by the User are available to the User in the "My Payments" section in the chat (bot), and are also sent to the User's specified email on the payment page.
4.2.10. In general, User identification is based on the data of their account. The Right Holder may use other data for User identification, including the data of the person making the payment, in cases where such identification does not violate the rights of the parties, the rights of third parties, or the applicable law.
4.2.11. Individual tariff offers (promotions) may be provided to the User. The User agrees and accepts that upon the expiration of the Subscription under the corresponding individual tariff offer, the User will pay for further use of the Program at the rates that were applicable to the User prior to their payment of the individual tariff offer.
4.2.12. In the event that the User has only used the free functionality of the Program and has not made any payments in the Program, when paying for the Program's offered individual tariff offer, the User agrees that after the expiration of the Subscription under the individual tariff offer, the User's subscription is extended for the next period at the rates published in the Program interface and/or on the Chatum website at https://chatum.org/price.

5. License Responsibility
5.1. The Software (including the Data) is provided on an "as is" basis. The Licensor makes no warranties regarding the error-free and uninterrupted operation of the Software or its individual components and/or functions, its suitability for specific purposes and user expectations, the accuracy, correctness, completeness, and timeliness of the Data, and provides no other warranties not expressly stated in this License.
5.2. The Licensor shall not be liable for any direct or indirect consequences of any use or inability to use the Software (including Limited functionality) and/or any damages caused to the User and/or third parties as a result of any use, non-use, or inability to use the Software (including Limited functionality) or its individual components and/or functions, including possible errors or malfunctions in the operation of the Software, except for cases expressly provided by law.
5.3. The User is responsible for:
5.3.1. the relevance, accuracy, legality, absence of third-party claims regarding the information the User posts using the Software;
5.3.2. any Content posted by the User using the Software, and the consequences of its use;
5.3.3. their own actions in the Software and their compliance with the legislation.
5.4. The Licensor shall not be liable for:
5.4.1. Specialized resources and the quality of public communication network channels through which access to the Software is provided, as well as disruptions in the provision of services by third parties and/or data processing and storage centers caused by them;
5.4.2. possible failures and interruptions in the operation of the Software, termination of its functioning and the resulting loss of Content and/or any other information, including the inability to use the Software in a specific territory;
5.4.3. any actions of social networks and messengers regarding the Content posted using the Software, including changes to the rules of its publication;
5.4.4. loss of access to any social network and messenger, incorrect or untimely posting of Content;
5.4.5. any types of damage or losses incurred as a result of the User's use of the Software;
5.4.6. the User or any third parties for information that defames honor, dignity, or business reputation, posted using the Software;
5.4.7. breakdowns or other malfunctions of the computer, mobile device, or any other user device that occur during the use of the Software;
5.4.8. consequences arising from the loss or disclosure of the User's data during the use of the Software.
5.4.9. for actions of third parties that result in forced reduction of network availability or Program availability;
5.4.10. for failures and interruptions in the operation of the Program. If errors are discovered during the use of the Program, the Rights Holder will take measures to correct them. The Parties agree that an exact timeframe for error correction cannot be established since the Program closely interacts with other programs developed by third-party developers, operating systems, computer or mobile device hardware resources, and the ability and time to resolve issues depend not solely on the Rights Holder.
5.4.11. for errors in the operation of the hardware and software complex of the payment system. In the event that funds are not credited to the Rights Holder's account due to an error, the obligation to refund the funds to the User lies with the electronic payment system provider.
5.4.12. If the User copies, modifies, prepares derivative works, decompiles, disassembles the Program, or attempts to access the source code in any other way without the written consent or instruction of the Rights Holder, the Rights Holder has the right to demand that the User pay a penalty of 10,000 (ten thousand) euros for each instance of such violation.
5.4.12. In the event that claims, demands, and/or lawsuits are brought against the Rights Holder regarding the infringement of third-party rights, arising due to the User's fault, the User undertakes to settle and compensate the Rights Holder for any damages that may arise in such cases.
5.4.13. The liability of the Rights Holder to the User may not exceed the amount of the compensation paid by the User for the Subscription period in which the infringement occurred.

6. Updates/New Versions of the Software and Third-Party Software
6.1. The terms of this License apply to all subsequent updates/new versions of the Software. By agreeing to install an update/new version of the Software, the User accepts the terms of this License for the corresponding updates/new versions of the Software, unless the update/installation of the new version of the Software is accompanied by a different License Agreement.

7. Processing of Personal Data
7.1. By accepting the conditions of this Agreement, the User, acting freely, willingly, and in their own interest, expresses their consent to the provision of their personal data, including surname, first name, patronymic, email address, contact phone number, date of birth, region, city, data of the Telegram messenger account, and the cryptographic hash of the Linked Card for their processing by the Rights Holder (Operator).
7.2. The Rights Holder undertakes to take all necessary measures to protect the aforementioned personal data from unauthorized access or disclosure.
11.3. The Rights Holder performs the following actions regarding the processing of personal data: collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, anonymization, blocking, deletion, destruction, transfer to a third party (bank-acquirer) of information necessary for debiting the Subscription Limited Functionality payment.
11.4. This consent is valid throughout the entire term of the License Agreement and the User's use of the Program. The User understands and agrees that in the event of revocation of this consent, they will lose the ability to use part or all of the Program's services.
11.5. The User can revoke their consent to the processing of personal data by contacting the technical support of Chatum, or via email: info@chatum.org.

8. Changes to this License
8.1. This License may be amended by the Rights Holder unilaterally. Users will be notified of any changes to the terms of this License on the following page: https://chatum.org/terms. The aforementioned changes to the conditions of the licensing agreement come into effect from the date of their publication, unless otherwise specified in the corresponding publication.