Public offer

I. Terms and definitions

Contract

— agreement on the Provider's provision to the Customer of access to the "Dublikatich" Service on the terms of this Offer.

Service / "Dublikatich"

— the Provider's software-hardware system that automatically forwards messages between supported messengers in any direction and between arbitrary chats connected by the Customer. The set of supported messengers, forwarding directions, transmitted message types, connection limits and other technical parameters is determined by the Provider on the Provider's Site and may change without prior notice.

Service offering

— the offering of providing the Customer with access to the Service for the term defined by the period paid by the Customer.

Provider

— Sole Proprietor Stolitsyn Ilya Vladimirovich, OGRNIP 326169000060996.

Customer

— a legal entity or individual, including those registered as a sole proprietor or self-employed taxpayer, interested in receiving the Service and having performed actions aimed at concluding the Contract on the terms of this Offer.

Parties

— the Provider and the Customer.

Provider's Site

— collection of information resources owned by the Provider containing information about the Service offering, including the website at https://dublikatich.ru and the Telegram bot at https://t.me/dublikatich_bot (identifier @dublikatich_bot).

Payment Page

— page on the Provider's Site or built-in messenger interface used by the Customer to make payments for the Service offering.

Contact email

— email address provided by the Customer when purchasing the Service and used by the Provider for communications with the Customer within the Contract. The Customer warrants that the address belongs to them and is used solely by them.

Remuneration

— funds (or other settlement units accepted under cl. 5.3 of this Offer) paid by the Customer to the Provider for the Service offering in the manner set forth in Section V of this Offer.

If the text of this Offer does not contain an unambiguous interpretation of any term, the Customer shall first follow the interpretations posted on the Provider's Site.

II. Subject of the Contract

2.1. The subject of the Contract concluded by the Customer through acceptance of this Offer is the Provider's provision to the Customer of paid access to the "Dublikatich" Service (the "Service offering") on the terms of this Offer.

2.2. For the Service offering, the Customer pays the Provider the Remuneration in the amount and manner stipulated by Section V of this Offer. For Customers connecting the Service for the first time, the Provider may grant a free trial period in accordance with cl. 5.9 of this Offer.

2.3. Detailed information about the Service offering, its functionality, cost, connection procedure and other information necessary for providing the Service offering is posted on the Provider's Site.

III. Contract conclusion and general terms of service

3.1. The Customer is deemed to have joined the terms of this Offer, and the Contract in respect of such Customer concluded, from the moment the Customer pays the Remuneration for the Service offering.

3.2. To conclude the Contract on the terms of this Offer, the Customer pays the Remuneration to the Provider in the following manner:

3.2.1. After reviewing the Service description, other terms posted on the Provider's Site, and the text of this Offer, the Customer chooses a payment method and proceeds to pay for the Service offering.

3.2.2. To make payment, the Customer is directed to the Payment Page, where they fill in the payment form with the data requested in the form. Such data may include:

• surname, first name and patronymic of the Customer (representative of a legal-entity Customer);
• mobile phone number;
• Contact email;
• other data necessary to make the payment.

The Customer bears sole responsibility for the accuracy and currency of the information provided when filling in the payment form.

3.3. By performing the actions stipulated in cl. 3.2 (including all subclauses), the Customer confirms familiarization with the terms of this Offer and full acceptance thereof.

3.4. After payment of the Remuneration, the Customer is granted access to the Service.

3.5. Claims arising from the Customer to the Provider from the moment of Contract conclusion may not be transferred by the Customer to third parties, except in cases expressly agreed by the Parties.

3.6. The Provider may engage third parties to perform obligations under the Contract while remaining solely liable to the Customer.

3.7. The Provider's obligations under the Contract are deemed fully and properly performed at the end of the Service-access period paid by the Customer.

3.8. A receipt for the Service rendered is issued to the Customer in the cases and within the deadlines established by the current legislation of the Russian Federation.

3.9. The Provider may refuse to provide the Service to the Customer, as well as suspend or terminate the Customer's access to the Service, in the event of:

3.9.1. Non-receipt by the Provider from the Customer of funds in payment of the Remuneration.

3.9.2. Receipt by the Provider from the Customer of funds insufficient to pay the Remuneration.

3.9.3. Establishment by the Provider of circumstances indicating the Customer's unauthorized distribution of Service access credentials or use of the Service in violation of the terms of this Offer (including subclauses 4.1.3 and 4.1.8 of this Offer).

3.10. By concluding the Contract on the terms of this Offer, the Customer confirms that they have received exhaustive and clear information about the Service offering that is the subject of the Contract, and have no unresolved questions regarding its content, term of provision and other terms.

3.11. The Customer agrees that their subjective assessment is not an objective criterion of Service quality and may not serve as grounds for recognizing it as low-quality or inconsistent with the information received by the Customer prior to Contract conclusion.

3.12. By concluding the Contract on the terms of this Offer, the Customer confirms that:

a) in respect of Customers that are legal entities: the Customer's representative has all necessary rights, permissions and authorities; the Customer has complied with all necessary legal procedures required to conclude the Contract and perform all obligations under it; at the time of Contract conclusion, the Customer is unaware of third-party rights that could be violated by Contract conclusion; at the time of Contract conclusion, the Customer is not bankrupt and no bankruptcy and/or liquidation procedure has been initiated against them;

b) in respect of Customers that are sole proprietors and self-employed taxpayers: the Customer or their representative has all necessary rights to conclude the Contract; the Customer is not bankrupt and no bankruptcy procedure has been initiated against them;

c) in respect of Customers that are individuals: the Customer is at least 18 years of age, has full legal capacity, is not under guardianship, trusteeship, or patronage, can independently exercise and protect their rights and perform obligations due to their state of health, and does not suffer from illnesses that would prevent understanding the essence of the Contract being concluded and the circumstances of its conclusion.

3.13. The Customer assumes all risks associated with material changes in the circumstances on which they relied when concluding the Contract, and agrees that such circumstances are not grounds for amending or terminating the Contract and/or non-performance of obligations.

IV. Rights and obligations of the Parties

4.1. The Customer is obligated to:

4.1.1. Fully review the terms of this Offer prior to Contract conclusion.

4.1.2. Properly perform the terms of the Contract with reasonableness and good faith, avoiding causing losses to the Provider.

4.1.3. Not perform actions aimed at unauthorized distribution of Service access credentials (links, tokens, sessions and other similar data).

4.1.4. Provide the Provider only with current and accurate information about themselves and bear sole responsibility for consequences caused by providing inaccurate and/or outdated information. The Customer is obligated to inform the Provider in writing of all changes related to information communicated by the Customer when concluding and/or performing the Contract within 7 (seven) calendar days. The Provider's obligation to send the Customer notifications stipulated by the legislation of the Russian Federation and/or the Contract is deemed performed when notifications are sent in accordance with the Provider's available contact information for the Customer.

4.1.5. Pay the Remuneration using a payment method (bank card, via the Faster Payments System, Telegram Stars or other non-cash method available on the Payment Page) belonging to the Customer or used by the Customer with the consent of its owner.

4.1.6. The Customer agrees that receiving the Service requires the use of the information and telecommunications network "Internet", as well as third-party software and equipment (messengers, web browsers, operating systems, etc.); the Provider bears no responsibility for the quality of such software, equipment and/or the "Internet" network.

4.1.7. Check the Service quality at the moment of its provision (activation of access to the Service).

4.1.8. Use the Service in good faith and not apply it for:

• mass distribution of messages, spam or other unsolicited correspondence;
• collecting personal data of third parties without their consent;
• actions violating the terms of use of messengers with which the Service interacts, or the legislation of the Russian Federation.

4.2. The Customer may:

4.2.1. Refuse to conclude the Contract on the terms of this Offer at any time before paying the Remuneration to the Provider.

4.2.2. Require the return of funds paid to the Provider in the event of the Provider's refusal to provide the Service, except as specified in cl. 3.9.3 of this Offer.

4.2.3. Refuse the Service prior to activation of access to the Service, subject to reimbursement of the Provider's expenses for its provision (if any). The Customer agrees that they may not require the return of Remuneration for the portion of the Service that was provided by the Provider prior to the Customer's refusal.

4.2.5. Exercise other rights, in part of return, exchange, or replacement of the Service, in the manner stipulated on the Provider's Site and by the legislation of the Russian Federation.

4.3. The Provider is obligated to:

4.3.1. Provide the Service to the Customer in the manner and on the terms stipulated by the Contract.

4.3.2. Properly perform obligations under the Contract, acting exclusively in the Customer's interests.

4.3.3. Post complete and accurate information about the Service on the Provider's Site.

4.4. The Provider may:

4.4.1. Make amendments and additions to this Offer in the manner established by Section XI of this Offer.

4.4.2. Request and receive from the Customer information necessary for performing the Contract.

4.4.3. Engage any third parties to perform obligations under the Contract while remaining solely liable to the Customer.

V. Remuneration and payment terms

5.1. For providing the Service, the Customer pays the Provider the Remuneration in the amount and at the frequency specified on the Provider's Site at the time of payment. Rates in effect on the date of the last update of this Offer:

5.2. The Remuneration is paid by the Customer on prepayment terms of 100 (one hundred) percent of the Remuneration for the corresponding access period, unless another payment procedure is provided on the Provider's Site or additionally agreed by the Parties. Payment of the Remuneration constitutes acceptance of this Offer.

5.3. Payment of the Remuneration is made by the Customer exclusively by non-cash means in one of the following ways:

a) using the Customer's bank card via a payment aggregator;

b) via the Faster Payments System (SBP);

c) using Telegram Stars — the internal currency of the Telegram messenger. Payment, refund and other operations with Telegram Stars are additionally governed by the Telegram messenger policy posted at https://telegram.org/tos/stars;

d) other non-cash means available on the Payment Page.

5.4. All settlements under the Contract are made in rubles of the Russian Federation, except for payments made using Telegram Stars, denominated in the corresponding internal units of Telegram. If payment is made in a currency other than the ruble of the Russian Federation, the payment amount is converted into rubles of the Russian Federation at the Bank of Russia rate on the payment date.

5.5. The obligation to pay the Remuneration is deemed performed by the Customer from the moment of crediting funds to the Provider's settlement account or to the account of a third party authorized by the Provider to receive the Remuneration (including a payment aggregator).

5.6. All expenses for making payments under the Contract are borne by the Party making the relevant payment.

5.7. The Provider may at any time unilaterally change the Remuneration amount by amending the information posted on the Provider's Site. Changes take effect from the moment of their publication on the Provider's Site. Remuneration paid by the Customer prior to the Provider making the corresponding changes is not subject to recalculation.

5.8. Specific payment methods may provide for automatic renewal of access for the next period. The renewal terms, the procedure for notifying of upcoming charges, and the procedure for cancellation are posted on the Provider's Site and apply subject to the mandatory requirements of the legislation of the Russian Federation on consumer protection, payment services and subscriptions. After cancellation of automatic renewal, access to the Service is preserved until the end of the current paid period. When paying by bank card, payment data (token) is stored by the payment aggregator, not by the Provider.

5.9. The Provider may at their discretion provide first-time Customers with a free trial period of access. The conditions and duration of the trial period are determined by the Provider and posted on the Provider's Site; the provision of a trial period is a voluntary marketing offer and may be changed or cancelled by the Provider at any time.

5.10. The Provider may send the Customer a service acceptance certificate or other documents related to the completion of Service provision. The Customer is obligated to sign such documents within 5 (five) business days from receipt, or within the same period to send reasoned objections. If the Customer has not sent a signed certificate or reasoned objections within the specified period, such certificate is deemed signed by both Parties.

VI. Intellectual property rights and their protection

6.1. By concluding the Contract, the Customer acknowledges that intellectual property results included in the Service, as well as trademarks, trade names, logos and other materials posted on the Provider's Site and belonging to both the Provider and third parties, are intellectual property objects protected in accordance with the legislation of the Russian Federation.

6.2. The Customer undertakes not to copy, modify, delete, publish, or transfer such intellectual property objects of the Provider and/or third parties, create derivative works, reproduce or otherwise use them without express permission from the rights holder.

6.3. No rights to intellectual property results included in the Service (unless otherwise agreed by the Parties), as well as to any content of the Provider's Site, including but not limited to logos and other marks, transfer to the Customer as a result or consequence of concluding the Contract on the terms of this Offer.

VII. Liability of the Parties

7.1. In the event of failure to perform and/or improper performance of obligations under the Contract, the Parties bear liability in accordance with the terms of this Offer and the current legislation of the Russian Federation.

7.2. The Service is provided to the Customer "as is" (as is). The Provider applies reasonable efforts to ensure uninterrupted operation of the Service but does not guarantee its continuous availability or absence of technical failures.

7.3. The Provider bears no responsibility to the Customer for:

• blocking, restriction or termination of access to third-party services (operators of messengers and other information systems with which the Service interacts), as well as their blocking on the territory of the Russian Federation or other jurisdictions;
• interruptions in the operation of third-party servers and infrastructure necessary for providing the Service;
• loss of messages forwarded by the Service as a result of technical failures on the side of third parties;
• losses arising from the use or inability to use the Service, except in cases expressly stipulated by the legislation of the Russian Federation.

7.4. The Customer is notified and agrees that the Service uses an unofficial protocol for interaction with WhatsApp services. Meta Platforms Inc. may at any time without prior notice restrict access to its services, which may result in partial or complete inability to provide the Service. The Customer accepts the specified risk by concluding the Contract on the terms of this Offer.

7.5. In any case, the Provider's aggregate liability to the Customer under the Contract is limited to the Remuneration paid by the Customer for the last paid period of access to the Service. This limitation does not apply where liability may not be limited under mandatory rules of the legislation of the Russian Federation, including consumer claims for losses caused by violation of their rights.

7.6. The Provider bears no responsibility if the Customer who paid the Remuneration and received access to the Service did not use such access within the paid period.

7.7. The Customer bears responsibility for distributing by any means inaccurate information regarding the Service, as well as information defaming the Provider's business reputation.

7.8. If unlawful actions of the Customer entail claims and/or lawsuits brought against the Provider by third parties (including supervisory authorities), and such claims and/or lawsuits were recognized as justified (were satisfied) by an enforceable court (arbitration) ruling or other competent authority (the "Ruling"), the Customer is obligated to fully reimburse the Provider for the amount of third-party claims and/or lawsuits (including supervisory authorities) specified in the Ruling.

7.9. Payment of penalties and fines, as well as compensation for losses under this section, is made by the guilty Party within 5 (five) business days from the date of receipt of a written demand from the affected Party, by non-cash transfer of funds to the affected Party's settlement account specified in such written demand.

7.10. The Contract is governed by and shall be construed in accordance with the legislation of the Russian Federation. The claim review period is 30 (thirty) calendar days from the date of receipt. If amicable resolution is impossible, the dispute is subject to referral for consideration by a court in the manner established by the legislation of the Russian Federation; for consumer disputes, the consumer retains the right to choose the court where mandatory rules of the legislation of the Russian Federation so provide.

VIII. Force majeure

8.1. Neither Party bears responsibility for full or partial non-performance of obligations under the Contract if such non-performance resulted from force majeure circumstances arising after Contract conclusion as a result of extraordinary events that neither Party could foresee or prevent by reasonable means. Such circumstances may include floods, fire, earthquakes and other natural disasters, military actions, actions of governments and local authorities, strikes, power supply failures leading to disruption of the Parties' computer systems and data loss, changes in legislation arising after Contract conclusion and making its performance impossible in accordance with the newly established procedure.

8.2. In the event of force majeure circumstances, the deadline for performing obligations under the Contract is extended in proportion to the time during which such circumstances and their consequences are in effect.

8.3. The Party invoking such circumstances is obligated to notify the other Party in writing of their occurrence and expected duration within 3 (three) calendar days; untimely notification deprives the Party of the right to invoke such circumstances. Confirmation of the existence and duration of force majeure is a document issued by a competent authority.

8.4. If force majeure circumstances continue for more than 30 (thirty) consecutive calendar days, either Party may refuse to perform the Contract by notifying the other Party in writing 30 (thirty) calendar days prior to the proposed termination date.

IX. Electronic document workflow

9.1. The Parties recognize the legal force of electronic documents as equal to the legal force of paper documents signed with a handwritten signature (with seals affixed, if required), provided that such documents are sent between the Parties' email addresses specified in accordance with this Offer. Such documents are deemed signed with a simple electronic signature.

9.2. All documents, notifications, requests, claims and other messages emanating from one Party may be sent to the other Party in the manner specified in cl. 9.1 of this Offer. The Parties recognize the legal force of the specified documents and messages. Originals of documents are sent at the Party's request by Russian Post registered letter with acknowledgment or by courier service.

9.3. The Parties agreed not to transfer access (login and password values) to email addresses from which electronic documents are exchanged to third parties, and to independently take all necessary measures to ensure access confidentiality. In case of loss of access, as well as in cases of unlawful third-party acquisition of access to one Party's email addresses, the affected Party undertakes to immediately notify the other Party by sending notification by email and/or phone. The Party that violated access confidentiality to email from which electronic documents are exchanged bears responsibility for electronic documents sent through the specified communication channels until the moment of official notification to the other Party of the confidentiality violation.

9.4. A message is considered delivered even in cases where it was received by the person to whom it was sent (the addressee), but due to circumstances dependent on them, it was not handed to them or the addressee did not familiarize themselves with it.

9.5. The addresses for exchange of documentation necessary for performing the Contract are:

a) the Customer's Contact email;

b) the Provider's email address specified in Section XII of this Offer.

X. Miscellaneous provisions

10.1. The relations of the Parties under the Contract are governed by the current legislation of the Russian Federation and the Contract (including all amendments and changes to it).

10.2. The Provider provides the Customer with all necessary public information by posting it on the Provider's Site.

10.3. By concluding the Contract on the terms of this Offer, the Customer confirms that they fully understand that:

10.3.1. The Contract grants the Customer rights usually granted under contracts of this kind;

10.3.2. The Contract does not exclude or limit the Provider's liability for breach of obligations (if the Provider is at fault);

10.3.3. The Contract does not contain any conditions clearly burdensome to the Customer that the Customer, based on their reasonably understood interests, would not have accepted if the Customer had the opportunity to participate in determining the Contract terms.

10.4. The Customer's Service access credentials (including session identifiers, tokens, invite links and other similar data) are recognized as "Confidential Information", having value due to being unknown to third parties, and are not subject to distribution by the Customer in any form (written, printed, electronic or oral). The Customer bears responsibility for unlawful distribution of Confidential Information to third parties and undertakes to compensate the Provider for any damage that the Provider may incur due to its disclosure.

10.5. The Service is not a product of Meta Platforms Inc., Telegram or Max and is not affiliated with the specified entities in any way. References to the corresponding trademarks and messengers in this Offer and on the Provider's Site are used exclusively to identify the technologies with which the Service interacts.

XI. Amendments and termination

11.1. The Customer agrees that the Provider may at any time unilaterally, without additional (including prior) written notice to the Customer, make changes or additions to the Offer, unless mandatory rules of the legislation of the Russian Federation require another notice or approval procedure. Such changes or additions take effect from the date of posting the amended version of this Offer on the Provider's Site or on the Payment Page, unless another deadline is specifically provided in the text of the amended version of the Offer. If the Customer disagrees with the changes made, the Customer is obligated to cease receiving the Service. Continued receipt of the Service constitutes full and unconditional acceptance of the amended version of the Offer by the Customer. Changes do not reduce the scope of the already paid Service for the current period unless permitted by mandatory rules of the legislation of the Russian Federation.

11.2. The Customer undertakes to familiarize themselves with the text of this Offer, as well as additional terms or notifications that may be posted by the Provider on the Provider's Site, with respect to changes and corrections made.

11.3. If one or several provisions of the Contract are or become invalid due to changes in the current legislation of the Russian Federation, this is not a basis for suspending the operation of the remaining provisions of the Contract. Invalid provisions are replaced by the Provider with provisions permissible in legal terms, close in meaning to those being replaced.

11.4. The Contract is one-time in nature and is concluded in respect of one period of access to the Service, determined by the payment made by the Customer. Each subsequent payment (including charged in the manner of automatic renewal on saved payment data or through the standard Telegram Stars subscription mechanism) is recognized as an independent acceptance of this Offer in the version in effect at the time of payment and entails the conclusion of a new Contract for the corresponding paid period of access.

11.5. Obligations under the Contract are deemed terminated, and the Contract automatically terminated, at the moment of completion of the paid period of access to the Service or at the moment of the Customer's early refusal of the Service in the manner stipulated by this Offer.

XII. Provider information

Provider:

  Sole Proprietor Stolitsyn Ilya Vladimirovich

OGRNIP:

  326169000060996

Contact email:

 support@dublikatich.ru