Terms of service
TERMS OF SERVICE (the "Terms" or the "Public Offer")
These Terms of Service ("Terms") or ("Public Offer"), together with our Privacy Policy, constitute an agreement between you and AmiChat, represented by the individual entrepreneur Pronшagin Evgenii (INN [Tax ID] 410120022892, OGRNIP [Primary State Registration Number of Individual Entrepreneur] 319410100016617), registered in accordance with the laws of the Russian Federation ("We," "Us," or "Our," and "AmiChat," as the context requires), governing your access to and use of our website (“Site”) and the use of our Site, applications, software, data channels, information, tools, features, and functionalities available on the Site and/or any other services, applications, or platforms offered and operated by AmiChat (the "Services" or the "Service").
By accepting these Terms, or by accessing, visiting, using, or otherwise engaging with the Service, you agree to comply with these Terms. If you access and use the Service on behalf of a company or other legal entity, you agree that such legal entity will comply with these Terms and you warrant to AmiChat that you have the authority to take actions on behalf of the entity that will bind the entity to these Terms. In such case, the terms "you," "your," or similar refer to such legal entity. If you do not have such authority, or if you do not agree with these Terms, you must not use or allow any use of the Service.
We may make changes to the Terms at any time at our discretion. In such a case, the revised Terms will be posted on the Site, with a new effective date indicated at the top of the document (Site page). Your continued use of the Service after the revised Terms are posted on the Site constitutes your acceptance of the revised Terms.
We reserve the right, at our sole discretion, to modify or discontinue all or any part of the Services at any time and without notice.
You may contact us regarding the Services by email at: info@ami.chat.
Please review our Privacy Policy for information on how we collect, use, and disclose user information.
You may only use the Service if you are 18 years of age or older, and are not otherwise disqualified from using the Service under applicable law.
ACCOUNT REGISTRATION
To use the Service, you may need to create an account ("Account"). An Account provides you with access to the Services, features, and functionalities of the Site.
It is important that you provide accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed so that it remains accurate, complete, and up-to-date. If you fail to do so, We may suspend or close your Account. You agree not to disclose your Account password to anyone and to immediately notify Us of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, regardless of whether you are aware of them.
CONTENT AND CONTENT RIGHTS
We do not claim rights to any user content, and nothing in these Terms shall be deemed to limit your rights to use your user content. "User Content" means any content that you provide for publication through the Service.
Only We and our licensors own all rights to the Service and the Service content, including all related intellectual property rights. You acknowledge that the Service and its content are protected by copyright and other applicable and international laws, as well as trademark regulations. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other intellectual property notices incorporated in or accompanying the Service or its content.
SOFTWARE AS A SERVICE (SAAS)
The latest version of the software for our Service is available to you online on a paid basis. We host the software for our Service on a server that you can access via the internet.
AmiChat continuously develops and improves the software through regular updates and upgrades. AmiChat constantly monitors the functionality of the software and rectifies any errors.
We grant you a non-exclusive right (without the right to transfer or sublicense) to use the software for our Service according to its intended purpose. You are prohibited from providing the Service to any third parties.
SERVICE FEES
The fees for the Services are determined by the terms of the tariff plan you select.
THIRD-PARTY WEBSITES OR SERVICES
The Service content may contain links to third-party websites or resources. We are not responsible for the content, products, or services on such websites or resources, nor for any links posted on such websites. You acknowledge that you bear all responsibility and assume all risks arising from your use of any third-party websites or resources.
TERMINATION
These Terms remain in effect for an indefinite period and terminate in accordance with these Terms.
We may terminate your access to and use of the Service at our discretion at any time if we have a reasonable basis to believe that you are violating or have violated any provision of these Terms.
If you do not pay for the Services for a period exceeding three (3) consecutive months, we may disconnect any third-party accounts associated with you from the Service. If you do not pay for the Services for a period exceeding six (6) consecutive months, we may delete your Service Account entirely, including your client database.
DISCLAIMER OF WARRANTIES
THE SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES. WE DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OPERATION, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the Services will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Service content.
INDEMNIFICATION
You agree to indemnify and hold harmless AmiChat, its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Service or Service content, (ii) your User Content, or (iii) your violation of these Terms.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AmiChat BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AmiChat HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN ANY EVENT, AmiChat’S MAXIMUM LIABILITY UNDER THESE TERMS OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES OR CONTENT SHALL NOT EXCEED TEN THOUSAND (10,000) RUSSIAN RUBLES.
DISPUTE RESOLUTION
These Terms and all related activities shall be governed by the laws of the Russian Federation without regard to conflict of law principles. The exclusive jurisdiction for any disputes arising out of or relating to these Terms or your use of the Service shall be the courts of the Russian Federation, and both parties consent to the jurisdiction of such courts with respect to any such disputes.
MISCELLANEOUS
These Terms, together with any order forms, constitute the entire and exclusive agreement between AmiChat and you regarding the Service and the Service content, and these Terms supersede all prior oral or written understandings or agreements between AmiChat and you regarding the Service and the Service content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the other provisions of these Terms shall remain in full force and effect.
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void.
Any notices or other communications provided by AmiChat under these Terms, including those regarding modifications to these Terms, may be given: (i) by email; or (ii) by posting within the Service. For notices sent by email, the date of receipt will be deemed the date on which such notice is transmitted.
The failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any such right or provision will be effective only if it is in writing and signed by a duly authorized representative of the party.