Terms of Service
These Terms of Service are public (hereinafter referred to as the ToS).
These Terms of Service contain the terms of the License Agreement (hereinafter referred to as the Agreement) for the use of the B4S software product, designed to automate the launch and support of the Telegram messenger chat with a shop functionality.
Before using the B4S software product (hereinafter referred to as the Software), the Licensee should familiarize himself with these ToS. In case of disagreement with the ToS, in whole or in any part of them, the Licensee should refrain from using the Software.
The use of the Software in any form is recognized as an acceptance of the Offer and means the unconditional acceptance by the Licensee of all the ToS without any exceptions or restrictions on the terms of accession.
Terms and Definitions
Offer — a public offer of the Licensor, addressed to any person, to conclude this Agreement with him.
Acceptance — full and unconditional acceptance by the Licensee of the ToA.
Licensor — Sole proprietor ХАВЕРЄВ Ф. Є., who entered into an agreement with the Licensee on the provision of rights to use the Software (simple non-exclusive license).
Licensee, subscriber — an individual, legal entity (or individual entrepreneur) who has accepted this Offer, represented by his representative, acting on behalf of this legal entity when interacting with the Licensor.
Simple non-exclusive license — a non-exclusive right to use a copy of the Software for own usage under the name designated by the Licensor, without the right to alter or otherwise process it, without the right to distribute.
Party(-ies) — Licensor and (or) Licensee.
Messenger — a software and service provided by Telegram https://telegram.org.
Software — a set of programs designed to run and support Telegram bots and database processing. Access to the Software is provided on the Internet at https://www.b4s.me (and its subdomains) through communication channels using the respective equipment of the parties.
Database (DB) — a set of information about shop-bots, their owners and Customers, as well as other information processed using the Software.
Service — a web service that provides services for launching and supporting bots through the Software using database data; as well as a legal entity that has exclusive rights to this software.
Website, a web service — https://www.b4s.me
Administrative bot — a bot of the Service named @bot4shop_official_bot, which provides the Licensee with the ability to interact with the software and database for the purpose of administering and managing the Chat Store.
Bot — a software algorithm that is part of the Software and interacts with any user through a Telegram messenger account.
Shop-bot, bot store, store, shop — an account in the Service that allows you to post product offers.
Store owner, shop-bot owner — an individual, legal entity (or individual entrepreneur) who is the ultimate beneficiary of the sale of goods through the shop-bot.
Site materials, materials — all text and graphic materials posted on the website and are objects of intellectual property, as well as the design and arrangement of these materials.
Personal Account — the personal page of the Licensee and (or) Shop-bots at https://console.bot4shop.com, which provides access to the software functions.
Credentials — e-mail address, Telegram Messenger ID, Telegram username, name, surname, mobile phone specified by the Licensee or automatically registered by the Licensor during Registration.
Registration — the process of creating a new account of the Licensee in order to gain access to the Personal Account.
Authentication data — a unique username and password of the Licensee used to access the Personal Account.
Package plan — a list of the functions of the Service defined by the Licensor, and the duration of their provision, grouped in offers of different price categories.
Subject of the Agreement
The Licensor obliges the Licensee to use the Software (simple non-exclusive license).
The Software includes all components used in the field of intellectual property.
Violation of software integrity, violation of security systems, copying of source code or its components, as well as other actions, violation of the exclusive rights of the Licensor to the Software are not allowed.
The Licensee bears civil, administrative and criminal liability in accordance with the law, including the obligation to comply with a court decision at the request of the Licensor or the copyright holder on the recognition of the right, on the suppression of actions that violate the right or create a threat of violation, on compensation for losses, on the publication of the court decision on the committed violation (indicating the actual copyright holder), on compensation for losses or payment of compensation.
Granting rights to the Software
The Licensee performs Registration on the Internet site and (or) in the Administrative bot.
The right to use the Software (simple non-exclusive license) is granted to the Licensee immediately after Registration.
The fact of granting the Licensee the right to use the Software is confirmed by the ability to use the Service in accordance with the Package plan.
Contract Cost, Settlement Procedure and Rights Acceptance
The cost of the right to use the Software (simple non-exclusive license) is set as a monthly subscription fee in favor of the Licensor.
The monthly subscription fee is established according to the Package plan.
Payment under the Agreement is carried out in the order of 100% payment to the settlement account of the Licensor. Payment system - one hundred percent prepayment.
The moment the Licensee fulfills the obligation to pay is the date of funds reception (in full) to the Licensor's settlement account.
Parties' Rights and Obligations
The Licensee undertakes:
Take all necessary measures to keep the Authentication Data secret, not to transfer it to third parties, prevent third parties from accessing the Personal Account using the Authentication Data.
Not to take actions aimed at disrupting the operation of the Software, gaining unauthorized access to the Software, source code, as well as any data located on the Service.
Use the software according to its functional purpose and only within the limits of those rights and in the ways provided for by the ToS.
Make payment under the ToS, in accordance with the ToA.
The Licensee has the right:
Receive from the Licensor technical support and consultations related to the use of the Software in accordance with the ToA.
Refuse the services of the Service at any time. The Licensor guarantees a refund in proportion to the paid but unused period for the provision of the Service. Refunds are made within 30 (thirty) days from the date of receipt of the original application by the Licensor's form for a refund.
The Licensee is not entitled to:
Reproduce, modify, distribute (copy), make the Software public.
Distribute copies of the Software or its parts and (or) carry out other actions aimed at deriving commercial benefits in relations with third parties from the use of the Software.
Provide sub-licenses for any use of the Software or parts of it to third parties.
The Licensor undertakes:
Qualitatively and in good faith provide the right to use the Software on the ToA.
Take all necessary measures to protect and preserve the Authentication, Account and personal data of the Licensee secret from third parties.
Correct the errors detected by the Licensee as soon as possible. The parties agree that the exact determination of the time period for eliminating the error cannot be established, since the software closely interacts with other third-party programs, the operating system and hardware resources of the Licensee's computers, and the operability and time to eliminate problems do not fully depend only on the Licensor.
To independently calculate the cost of using the rights to the Software at the end of the next Accounting Period and issue appropriate invoices.
Within 1 (one) day from the moment the Licensee fulfills its payment obligations, provide the Licensee with the right to use the software.
Provide the right to use the software daily and around the clock, except for the time of preventive measures
The Licensor has the right:
At any time, without notifying the Licensee, make changes and improvements to the functional part and (or) software design.
Back up the Licensee's data in order to prevent loss of information.
Involve, if necessary, third parties for the purpose of executing the ToA.
In case of violation by the Licensee of one or more of the terms of the Agreement, suspend the granting of rights to use the Software and disable the Licensee's access to the Personal Account while saving all the Licensee's data on the Server for the period until the violation of the ToA is eliminated or until the Agreement is terminated.
After 1 (one) calendar month from the date of termination of the Agreement, delete the Licensee's account, as well as all the Licensee's data without the possibility of their restoration.
To make technical breaks in the operation of the Software, as well as to carry out the necessary preventive repair and maintenance of the Licensor's equipment, including in emergency situations.
Make changes to the terms of the Agreement by publishing an updated version of the Agreement on the website. The updated version of the Agreement shall enter into force upon the expiration of 7 (seven) calendar days from the date of its publication.
From the moment of the conclusion of the Agreement, the Licensee is able to use the Licensor's technical support services in a priority order.
Technical support is provided for the elimination of errors in the operation of the software, assistance in setting up and maintaining the Shop-bot.
Technical support is provided during the period of use of the software on weekdays.
The creation of additional functionality for the Software used at the request of the Licensee is not covered by the Agreement.
All provisions of this section are valid only during the paid period of using the Software.
Communication within the framework of Technical Support is carried out through the Telegram bot (https://t.me/bot4shop_support_bot) or through the chat in the Dashboard (https://console.bot4shop.com).
The Licensor reserves the right to apply for clarification of information upon request, in cases where the information specified in the request is insufficient to fulfill the Licensee's request. In this case, the licensee undertakes to provide all the necessary information.
For violation of the terms of the Agreement, the Parties are liable in accordance with applicable law.
The Licensor is not responsible for delays, interruptions in work and the impossibility of full use of the Licensor's own resources, occurring directly or indirectly due to the action or inaction of third parties and (or) inoperability of information channels outside the Licensor's own resources.
The Licensee agrees that to work with the Software, the Licensee must use software (web browsers, operating systems, etc.) and equipment (personal computers, network equipment, etc.) produced and provided by third parties, and the Licensor cannot be held responsible for the quality their work.
The Licensor is not responsible for lost profits and unearned profits, as well as for any indirect losses incurred by the Licensee during the period of using or not using the Software, including during technical breaks.
The Licensor is not responsible for the Licensee's loss of Authentication Data, and is also not responsible for damage, both direct and indirect, incurred by the Licensee as a result of gaining access to the Personal Account by third parties as a result of the Licensee's loss of Authentication Data or their theft by third parties.
The Licensor is not responsible for the quality, error-freeness and presence of malicious components in the Licensor's software and other Internet servers or the software offered to the Licensee, if it is not developed by the Licensor.
Any liability of the Licensor, regardless of the grounds for its occurrence, will be limited to the amount paid by the Licensee as remuneration of the Licensor for granting the rights to use the Software for the last Accounting Period under the Agreement.
The Licensee bears independent responsibility for possible losses incurred as a result of the loss or theft by third parties of the Credentials specified by The Licensee during Registration, as well as Authentication data.
The Licensee is independently responsible for compliance with the requirements of current legislation when using the software, as well as all rights and legitimate interests of third parties.
In the event that third parties file claims against the Licensor caused by the illegal actions of the Licensee when using the software, the Licensee will independently resolve the disputes that have arisen and bear independent responsibility to these persons.
In case of non-payment of the invoice within the specified period, the Licensor has the right to limit the functionality of the Licensee's Shop-bot until the debt is fully repaid. At the same time, the Licensor undertakes to store the information entered on its server for 6 (six) months from the date of the Agreement.
Intellectual Property and Copyrights
The Licensor or the respective copyright holders own the rights to use the materials of the Service in any way that does not contradict the law (exclusive rights).
Any use of the Service materials without the written permission of the Licensor or copyright holders is prohibited.
The Licensee grants the Licensor the right to use the trade name and trademark of the Licensee in any form and on any medium, including in advertising materials of the Licensor, as well as on the Internet, solely to indicate the Licensee as a user of the software for advertising and promoting the software on the market.
Confidentiality and Personal Data
The Parties agree that all information that became known to the Parties during the execution of the Agreement is confidential and is not subject to disclosure, unless the consent of the other Party is given, unless such information must be transferred on legal grounds and justified requirements of the competent state authorities in accordance with the law.
By accepting the ToA, the Licensee agrees to the collection and processing of his personal data (namely: surname, name, patronymic, e-mail address, contact numbers, Telegram username, Telegram Authentication ID).
The Licensor undertakes to maintain confidentiality in relation to the personal data of the Licensee, to prevent unauthorized use of the personal data of the Licensee by third parties.
Contract Term and Contract Termination
The Agreement comes into force from the moment the Licensee fully and unconditionally accepts the Agreement-Registration to the Service and is valid for 1 (one) calendar year. Upon the expiration of the specified period, in the absence of objections from the Parties, the Agreement is extended for the same period under the same conditions.
The contract can be terminated in the following cases:
By the Licensor unilaterally by sending a notification to the Personal Account (https://console.bot4shop.com) of the Licensee no later than 10 (ten) business days prior to termination of the Agreement.
By the Licensee unilaterally in the event of repeated violation by the Licensor of its obligations under the Agreement with the obligatory filing of a claim to the Licensor indicating the facts of violation by the Licensor of obligations under the Agreement no later than 10 (ten) business days prior to termination of the Agreement.
Ukrainian legislation applies to the provisions of the Agreement. Issues not regulated by the Agreement are resolved in accordance with the legislation of Ukraine.
In the event that any part of the Agreement is declared invalid and unenforceable, the remaining parts of the Agreement remain in force and are subject to execution.
All disputes arising in connection with the use of the Software are resolved by the Licensee and the Licensor out of court through negotiations. If it is impossible to come to an agreement in the pre-trial procedure, disputes between the Licensee and the Licensor are subject to consideration in the arbitration court of the city of Kharkiv or arbitration court of the city of Kyiv.
Addresses and Requisites
E-mail: [email protected]
Phone (Ukraine): +380 95 865 93 50
Service Legal Address: Makarenka St, 4, 87500, Mariupol, Donetsk oblast, Ukraine
Licensor (Sole proprietor): ХАВЕРЄВ Ф. Є.