This LivegramBot SERVICE USER AGREEMENT (hereinafter the "Agreement") is entered into by and between OmegaWalls OÜ, Vesivärava tn, 50-201, Tallinn, 10152, Estonia (hereinafter the "Operator"), and a person who has successfully started the bot LivegramBot at the Telegram messenger (hereinafter the "Service") and begun using the Service (hereinafter the "User"). Please carefully read the text of this Agreement. Acceptance of this Agreement by successfully completing registration on the LivegramBot website and starting to use the service means complete and unconditional acceptance of the conditions of this Agreement and all other documents referenced in this Agreement (hereinafter the "Related Documents"). For the purposes of this Agreement, the User and the Operator are hereinafter jointly referred to as the "Parties" and individually as a "Party". This Agreement is not a paid contract for the provision of services, transfer of rights to use the Service, a license agreement or other contract involving payment for the services of the Operator or remuneration to the Operator, and represents the set of general rules and requirements governing the use of the Service by the User.
By accepting the terms of this Agreement, the User represents and warrants that he/she is at least 18 (Eighteen) years of age and is of legal age under the laws of the country of which the User is a citizen.
"Service" - An interactive software package owned by the Operator, including a bot located on the Telegram messenger Livegram Bot, intended for use by the User in accordance with the terms and conditions posted thereon.
"User" - An individual who has registered as a User on the Service and accepted this Agreement and the terms of the Related Documents.
"Partner" is a partner of the Operator who ensures secure transactions between Users and allows the User to make settlements with other Users, make and receive payments when using the Service. If necessary, the User is obliged to accept all the necessary user agreements, the Partner's offer agreement, and other documents of the Partner.
1.1. By accepting the terms of this Offer Agreement and creating the User's Personal Account on the Service, the User agrees to satisfy and comply with all the rules and requirements regarding use of the Service, and the terms of the Related Documents, and agrees with the rules and prices for paying for third-party services and the rules for making payments on the Service, and the Operator provides the User access to the Service under the terms of this Agreement and the Related Documents.
1.2. No intellectual property rights with respect to the Service or its software are granted to the User under any conditions.
1.3. The Software's detailed description and the list of the Service's services and functionality available for the User to use are displayed in the User's Personal Account on the Service, as well as in the Related Documents. All provisions of the Related Documents apply to this Agreement as if they were included herein directly or by reference.
2.1. The User has the right to:
2.1.1. Stop using the Service at any time;
2.1.2. Withdraw the User's Remuneration on the terms of the Partner and the Related Documents;
2.1.3. Use the Service's functionality in accordance with its intended purpose.
2.2. The Operator and the Partner have the right to:
2.2.1. Deny use of the Service and block the User's Personal Account without paying the balance if the User is found to be in breach of any provision of this Agreement or the Related Documents, as well as any provision of the contract and (or) user agreement with the Partner;
2.2.2. The Operator has the right to exercise control over the personal correspondence of the Users in the Service to verify the Users’ compliance with the terms of this Agreement as well as the conditions of the Related Documents. This includes the right of the Operator to review content of the personal correspondence.
2.3. Transaction security
2.3.1. Transactions between Users are secured by the Partner and through the Partner, which is used by Users to make payments.
2.4. The Operator guarantees:
2.4.1. That it possesses all the rights necessary to provide the User with the opportunity to use the Service under this Agreement.
3.1. All payments when using the Service are made by the User through the Partner in accordance with the rules, conditions and commissions established by the Partner.
3.2. For certain actions performed through the Service the User may receive payment for his/her works/services through the Partner ("User's Remuneration").
3.3. The Operator is not responsible for any amounts of commissions that may be charged by the Partner when transferring or receiving any payments under the Service. The User agrees with the above condition, and independently bears the risks relating to the User's chosen option for receiving the Remuneration or making payment for the services of other Users, such as: the commissions of the Partner, the commissions of the Partner 's partners, the Operator's remuneration provided for by the partnership agreement between the Operator and the Partner, which is included in settlements when the Service is used by Users.
3.4. The User is independently obligated to pay all taxes and fees applicable to any monies received by the User through the use of the Service, and agrees that the Operator is in no case the User's tax agent under this Agreement or otherwise.
3.5. The Operator provides the payment page on the Service for the User to make payments using the Partner and to add the necessary payment details. At that, the User agrees that the Operator is not involved in the process of making payments, that the Operator is not a payment services provider and does not process payments.
4.1. This Agreement is effective upon acceptance of its terms by the User, and continues in full force and effect until termination of User's use of the Service.
4.2. The User has the right to stop accessing and using the Service at will at any time.
4.3. The Operator has the right to unilaterally terminate this Agreement at any moment at the Operator's sole discretion, inter alia, in case of breach by the User of any provision of this Agreement or any provision of any of the Related Documents.
5.1. This Agreement is regulated and interpreted in accordance with the laws of Estonia.
5.2. The User and the Operator agree to submit to the exclusive jurisdiction of the competent courts of Estonia to resolve any legal matters arising from this Agreement.
5.3. The Operator reserves the right to modify this Agreement in any way, as well as from time to time to establish new or additional rules, policies or conditions regarding the Service, notifying or not notifying the User about doing so. The Operator may notify the User of the amendments to this Agreement by sending an email message to the email address listed in User's Personal Account information or by posting the notice on the Service. The User is solely responsible for regularly reviewing this Agreement. The User's use of the Service or any part thereof after any changes to this Agreement are posted on the Service or otherwise made available for review will be considered the User's complete agreement of those changes. If the User objects to any such changes, he/she is entitled to stop using the Service.
5.4. The User agrees that the User is not considered a worker, employee, or agent of the Operator, and that the User is not entitled to represent himself/herself as such.
5.5. The User does not have the right to assign his/her rights and obligations under this Agreement in whole or in part. The Operator may assign this Agreement or any of its rights and obligations under this Agreement without the User's consent at any time.
5.6. In no event shall the Operator be liable for any failure of performance resulting from causes beyond the reasonable control of the Operator, including without limitation: natural disasters, wars, terrorism, rebellions, embargoes, actions of civil or military authorities, fires, floods, accidents, strikes, or shortages of means of transportation, fuel, energy, labor or materials, and the Operator is not responsible for DDoS attacks and (or) other attacks on the Service made by third parties, nor their consequences, for technical problems of the hosting provider that affect the operability of the Service, nor for the unavailability of the Service for any other reason not directly related to the Operator's actions.
6.1. If the User has any comments or questions regarding the User's use of the Service, the User may contact the Operator using the following contact information for communicating with the Operator: firstname.lastname@example.org