USER AGREEMENT

Last modified date: April 5, 2024
This User Agreement constitutes an offer (offer) by LLC "LEADSENDER", TIN 2100010479, KPP 210001001, OGRN 1232100007028, Address: 428003, Chuvash Republic - Chuvashia, Cheboksary, Kompozitorov Vorobyevykh St., Building 20, Office 314 (hereinafter referred to as the "Service Provider") to enter into a contract for the provision of the "LeadSender" service (hereinafter referred to as "LeadSender") under the terms set forth below.
1. Definitions and Terms
For the unambiguous interpretation of this Agreement, the following terms are used with the meanings outlined below:

1.1. "LeadSender" (hereinafter "LeadSender," "Service") – an online service hosted on the website https://leadsender.ru, which enables the integration of cloud services. The use of LeadSender is governed by this Agreement.

1.2.Contractor – LLC "LEADSENDER," INN 2100010479, KPP 210001001, OGRN 1232100007028, Address: 428003, Chuvash Republic - Chuvashia, Cheboksary, Kompozitorov Vorobyov St., bldg. 20, office 314.

1.3. User – an individual or organization on behalf of whom an individual accesses LeadSender. The Contractor and User are collectively referred to as "Parties."

1.4. Administration – individuals authorized by the owner of LeadSender to manage the service and perform other related actions. The Administration acts on behalf of the Contractor unless otherwise specified.

1.5. Services or "LeadSender Services" – a set of services provided by the Contractor to the User, enabling the use of the online service "LeadSender" for a specific period. Services include:
- Consultation of the User regarding the service's capabilities and usage;
- Handling User inquiries related to service malfunctions;
- Providing the User with the ability to use LeadSender during the paid period and according to the selected tariff plan.

1.6. Agreement (hereinafter "Agreement") – the contract between the Contractor and User for the provision of LeadSender Services, concluded through the acceptance of the Offer. The terms "Agreement" and "Contract" have equivalent meanings in Russian law.

1.7."Acceptance of Offer" – full and unconditional acceptance of the Offer by making full payment for the service as per the tariff plan on the website https://leadsender.ru. Upon registration or payment, the User confirms their agreement with the terms of this Agreement and enters into the Contract. By accepting the terms of this Agreement, the User confirms that they will use LeadSender exclusively for business purposes to streamline business processes.

1.8. Subscription – the paid period for the provision of selected Services.

1.9. The Offer may contain terms not defined in paragraph 1 of this Agreement. In such cases, the term's interpretation is governed by the Agreement text. If no unambiguous interpretation exists, the term should be interpreted based on Russian law, the website https://leadsender.ru, or common usage in the internet.
2. Subject of the Agreement and Terms of Service

2.1. The subject of this Agreement is the provision of paid "LeadSender" services by the Contractor to the User under the Offer terms, i.e., providing access to the existing online service "LeadSender" available at https://leadsender.ru.

2.2. The Contractor ensures the operation of LeadSender's features hosted at https://leadsender.ru. The functionality of LeadSender may expand or decrease as the service develops. Current information about LeadSender’s capabilities is published on the website https://leadsender.ru.

2.3. This User Agreement is governed by Russian Federation law. Matters not addressed by this Agreement will be resolved in accordance with Russian law. Any disputes arising from relationships governed by this Agreement will be resolved in accordance with Russian law.

2.4. The User agrees to review the Offer, Agreement terms, and tariff plans available on the website https://leadsender.ru before accepting the Agreement.

2.5. The User acknowledges and agrees that the Contractor may amend the User Agreement by publishing a new version on https://leadsender.ru. The User’s continued use of LeadSender after the publication of changes constitutes their agreement with the new terms. Changes take effect once published on the website, unless otherwise stated. The Administration must notify the User within 3 days of changes if the User requests such notifications.

2.6. The User is responsible for maintaining the confidentiality of their registration data. Any actions performed using the User's registration data are considered as performed by the User. The User is fully responsible for actions taken using their registration data, including towards third parties. The Contractor is not liable for unauthorized use of the User's registration data by third parties.

2.7. To use LeadSender, the User must have a computer or other technical device with internet access. All questions related to obtaining access to the internet and purchasing necessary hardware and software are the User's responsibility and are not regulated by this Agreement. For LeadSender integration, the User must be registered with WhatsApp and have a linked mobile number.

2.8. The User understands and agrees that the service is provided "as is" (including any future development and changes), and that the Contractor is not liable for delays, failures, incorrect or untimely delivery, deletion, or loss of any personal user information, or any liabilities towards third parties.

2.9. Technical support and consultations are available at: https://leadsender.ru/support.

2.10. The User acknowledges that the Administration may impose restrictions on the use of LeadSender and change the rules and restrictions at any time, with or without prior notice to the User. The Administration may prohibit automated access to the service or stop accepting automatically generated information. The Administration may stop supporting connections with networks that violate interaction principles.
3. Acceptable Use of LeadSender

3.1. The user is required to use LeadSender in accordance with this Agreement. The Administration has the right to block or cancel the User's account for violating the terms of the Agreement.

3.2. The User must access LeadSender and use the service only for lawful, permitted, and acceptable purposes. The User must comply with all applicable laws, including those related to privacy, spam, unsolicited marketing, notifications, and (or) advertisements. By using LeadSender, the User agrees not to violate or attempt to violate, directly or indirectly, with automated or other means, or assist third parties in violating the information security of the service, which includes:
- attempting to test the security vulnerabilities of LeadSender, violating the procedure for connecting to the service without the Administration's permission;
- impersonating or falsifying any TCP/IP packet header or any part of the header in any email or material posted on the service;
- accessing, using, copying, adapting, modifying, performing derivative works, distributing, transmitting, displaying, performing, or otherwise using LeadSender in unauthorized or prohibited ways, or in ways that create a load on services, degrade their performance, or harm our users or others;
- reverse engineering, modifying, decompiling, or extracting code from LeadSender;
- sending, storing, or transmitting viruses or other computer code via LeadSender;
- obtaining or attempting to obtain unauthorized access to LeadSender;
- interfering with or disrupting the integrity or operation of LeadSender;
- obtaining information from users or about users of LeadSender in unauthorized or prohibited ways;
- selling, reselling, renting out LeadSender accounts, or other activities aimed at profiting from distributing personal access to the service;
- creating software or APIs whose functions essentially duplicate those of LeadSender, and offering them for use by third parties.
4. Privacy Policy and Personal Data Processing

4.1. By accepting the terms of the user agreement through registration on the website as outlined in paragraph 1.8 of this Agreement, in accordance with Article 9 of the Federal Law No. 152-FZ on Personal Data (dated July 27, 2006), the User confirms their consent to the collection, storage, and processing of their personal data by the Provider for the purposes of fulfilling its obligations under this Agreement. From the moment of the User's registration in LeadSender, this consent is considered to have been obtained in writing.

4.2. The data to be processed includes the following information: Full Name; contact phone number; email address; and any other information to be provided during the User's registration and necessary for invoicing.

4.3. Personal data processing includes their storage, processing, and destruction.

4.4. The User agrees to receive informational newsletters from LeadSender, advertising, as well as system messages and notifications related to the operation of the Service, and other information at the email address provided during registration. The User has the right to opt-out of receiving the informational newsletters.

4.5. The User has the right to revoke their consent by submitting a corresponding written document, which must be sent by the User to the Provider by registered mail with delivery confirmation.

4.6. The Provider is obliged to destroy the User's personal data upon receiving a written request from the User to delete their personal data.

4.7. The User's consent to the processing of their personal data is valid throughout the duration of the Agreement and for 3 years after the termination of the Agreement.

4.8. The Administration takes all possible measures to prevent unauthorized use of the User's personal information.

4.9. The Provider is not responsible for any unauthorized use of the User's personal information due to:
- technical malfunctions in software, servers, or computer networks beyond the Provider's control;
- service interruptions related to the intentional or unintentional misuse of LeadSender by third parties;
- other cases not caused by the Provider's fault.

4.10. By using LeadSender, the User agrees and acknowledges that the Administration reserves the right to use their personal information anonymously and in aggregate form for statistical purposes.

4.11. The Administration commits to not providing any personal information about Users to private individuals or organizations claiming misuse of such information (such as unsolicited advertising, spam, sharing information with third parties, etc.), except as required by Russian Federation law.
5. Rights and Obligations of the Parties

The Provider is obliged to:


5.1. Provide the User with Services in accordance with the Agreement concluded under the Offer conditions.

5.2. The Provider is not responsible if the User is unable to use the LeadSender functionality due to reasons not dependent on the Provider, while providing the Services. The Provider will ensure access to the LeadSender functionality, but is not responsible for the User's inability to use it due to reasons beyond the Provider's control.

5.3. Provide the User with the ability to pay for the Subscription via their Personal Account.

5.4. Ensure the confidentiality of the User's registration data.

5.5. The parties agree that the confidentiality clause for the registration data provided by the User during registration does not apply to cases where the Provider uses this data for invoicing purposes. The documents to be issued will include the data and details provided by the User.

The Provider has the right to:

5.6. Use the User's data in an aggregated, anonymized form that does not allow third parties to obtain personal or confidential information about the User, including commercial, professional, official, and other types of secrets.

5.7. Change the service's design, functionality, scripts, software, and other objects used or stored on the site at any time without prior notice to the User.

5.8. If necessary, send the User email messages regarding the use of LeadSender. The Administration will never ask for personal information confirmation in such messages.

5.9. Change the terms of service provision or suspend it (temporarily or permanently) without prior notice. Set additional restrictions on the use of LeadSender and change these restrictions at any time.

5.10. Temporarily suspend the provision of Services to the User due to technical, technological, or other reasons preventing service delivery until these issues are resolved.

5.11. ПSuspend the provision of Services under the Agreement and/or terminate the Agreement unilaterally in accordance with Article 450.1 of the Civil Code of the Russian Federation in cases where the User violates the obligations and/or guarantees under this Agreement.

5.12. Unilaterally terminate the Agreement under Article 450.1 of the Civil Code of the Russian Federation and delete the User's data without notification if the User has not accessed the service for six (6) consecutive calendar months.

5.13. Close the service at any time with or without prior notice at its discretion. The Provider is not responsible for the termination of access to LeadSender.

The User is obliged to:

5.14. Pay for the Provider's Services under the Agreement according to the terms and within the deadlines specified in this Agreement.

5.15. Provide truthful, accurate, and complete information about themselves in response to questions asked in the registration form and keep this information up to date. If the User provides false information or the Provider has serious grounds to believe that the provided information is incorrect, incomplete, or inaccurate, the Provider has the right to suspend or cancel the User's connection to the service and refuse the User access to the service.

5.16. Ensure the security and protection of their device and account, prevent unauthorized use and access to LeadSender, take commercially reasonable security measures to ensure confidentiality when transmitting, storing, and processing data provided to the Provider, and protect LeadSender from unauthorized access, use, and copying.

5.17. Immediately notify the Provider if the User discovers or suspects unauthorized access or use. The User may not transfer their rights under this Agreement to any third party.

The User has the right to:

5.18. Ensure the security and protection of their device and account, prevent unauthorized use and access to LeadSender, take commercially reasonable security measures to ensure confidentiality when transmitting, storing, and processing data provided to the Provider, and protect LeadSender from unauthorized access, use, and copying.
6. Contractor's Intellectual Property Rights

6.1. The User acknowledges and agrees that LeadSender and all associated programs contain confidential information protected by intellectual property laws.

6.2. Neither the User nor others acting on their behalf may copy or modify the software, create derivative programs, attempt to extract software codes, sell, lease, or transfer any rights related to the software and service provided, nor modify the service, including attempting to gain unauthorized access to it.
7. Warranty Disclaimer

7.1. The Contractor is not responsible for any delays, failures, incorrect or untimely delivery, deletion, or loss of information not caused by the Contractor. Specifically, the User acknowledges and agrees that the Contractor is not responsible for the availability of LeadSender when integrated with the User's system, which may result in partial or total inability to use the LeadSender functionalities.

7.2. The service is provided 'as is.' The Contractor does not guarantee that: the service will meet the User's requirements; the service will be provided continuously, quickly, reliably, and without errors; the results obtained using the service will be accurate and reliable; the quality of any product, service, information, etc., obtained through the service will meet the User's expectations; or that all software errors will be corrected.

7.3. The Contractor does not guarantee that the software, servers, and computer networks used by the Site are free of errors or computer viruses. If the use of LeadSender results in data loss or equipment damage, the Contractor is not liable.

7.4. The Contractor is not liable for any direct or indirect losses arising from: the use or inability to use the service; unauthorized access to the User's account. Under any circumstances, the Contractor's liability, in accordance with Article 15 of the Civil Code of the Russian Federation, is limited to 1,000 (one thousand) rubles and is only applicable if the Contractor is at fault.

7.5. The User uses LeadSender at their own risk. The User is solely responsible to third parties for their actions related to using LeadSender, including actions that lead to violations of rights as outlined in this User Agreement, and for complying with the law.

7.6. In the event of force majeure circumstances (e.g., war, uprising, strike, natural disasters), the performance of obligations under this Agreement is delayed proportionally to the duration of these circumstances. The Contractor must notify the User of these circumstances within 5 working days. If such circumstances continue for more than 30 consecutive days, the Agreement may be terminated by either party.
8. Service Costs and Payment Terms

8.1. The User pays for services in accordance with the tariffs published on the website: https://leadsender.ru. The Contractor determines the cost and conditions for providing services by posting information on the website, effective from the date of posting.

8.2. Payment is made by the User in rubles via bank transfer:

8.2.1. Legal entities and individual entrepreneurs pay via bank transfer from their organizational account.

8.2.2. Individual users pay via bank transfer from their personal account.

8.3. Services are provided to the User on a prepayment basis, with 100% of the service cost paid in advance.

8.4. The service is provided for the prepaid period as specified on the website. If no claims are made by the User at the end of the prepaid period, the service is considered properly performed.
9. Validity and Amendments to the Offer

9.1. The Offer is valid from the moment it is posted on the website https://leadsender.ru and remains valid until it is revoked by the Contractor.

9.2. The Agreement takes effect when the Offer is accepted.

9.3. The Agreement is concluded for an indefinite term and is valid until terminated.

9.4. The User agrees that changes to the Offer automatically result in changes to the Agreement, and these changes take effect simultaneously with the changes to the Offer.

9.5. The Offer can be revoked by the Contractor at any time, but this does not affect the obligations of the Contractor under the Agreement.
10. Termination of Agreement and Refunds

10.1. The Agreement can be terminated:

10.1.1. By mutual agreement of the parties at any time;

10.1.2. By either party in case of a breach of the Agreement by the other party with written notice;

10.1.3. By either party with written notice.

10.2. In case of early termination of the services, the Contractor refunds unused funds to the User within 1 working day of service termination. Refunds are calculated by subtracting the value of the services already rendered and 20% from the total amount paid by the User.

10.3. Rules for refund to legal entities and individual entrepreneurs:

10.3.1. They must submit a 'Refund Request' with the official stamp and signature of the representative.

10.4. Rules for refund to individuals:

10.4.1. Refund requests must be sent within 7 days for bank card payments, or 2 working days for mistakenly transferred funds.

10.4.2.

10.5. The period for processing the Refund Request starts from the moment the Contractor receives the request. If the request is received after 6:00 PM or on a holiday/weekend, it is considered received on the next working day.
11. General Conditions

11.1. The Agreement is governed by Russian Federation law. Disputes not resolved through negotiation are subject to court proceedings.

11.2. Notifications under the Agreement can be sent via email, fax, or postal mail.

11.3. If any part of the Offer is invalid, it does not affect the validity of the rest of the Offer or Agreement.

11.4. The User and Contractor may also formalize the service agreement in writing at any time.
12. Contractor's Details

Name of the organization: 'LEADSENDER' LLC
Legal Address: 428003, RUSSIA, CHUVASH REPUBLIC - CHUVASHIA, CITY OF CHEBOKSARY, CHEBOKSARY, KOMPOZITOROV VOROBYEVYKH STREET, BLDG. 20, OFFICE 314
Tax Identification Number (INN): 2100010479
Tax Registration Reason Code (KPP): 210001001
Primary State Registration Number (OGRN/OGRNIP): 1232100007028

Account: 40702810310001499937
Bank: JSC 'TBank'
Bank Tax Identification Number: 7710140679
Bank Identification Code (BIC): 044525974
Correspondent Account: 30101810145250000974
Bank Legal Address: 127287, Moscow, ul. Khutorskaya 2nd, 38A, str. 26