Last modified date: January 10, 2023
This user agreement is an offer (offer)
Churyanov Maxim Anatolyevich, acting as an individual using the
tax regime «professional activity tax». TIN 120201305128,
Address: 425306, Russia, Republic of Mari El, Gornomariysky District, Kulikaly
Vtoriye, Kulikalovskaya 2nd Street, Building 3 (hereinafter referred to as the «Executor») to conclude an agreement on
provision of services of the «LeadSender» service (hereinafter referred to as «LeadSender») on the terms set out below.
1. Definitions and Terms
In order to unambiguously interpret this Agreement, the following terms are
used in the following meaning:
1.1. «LeadSender» (hereinafter - LeadSender, «Service») - an online service, which is placed
on the Website on the Internet at: https://leadsender.ru, allowing integration
cloud services with each other.
The use of LeadSender is regulated by this Agreement.
1.3. Executor - Churyanov Maxim Anatolyevich, acting as an individual
with the application of the tax regime «professional activity tax». TIN
120201305128, Address: 425306, Russia, Republic of Mari El, Gornomariysky District, d.
Kulikaly Vtoriye, Kulikalovskaya 2nd Street, Building 3.
1.4. User - an individual or organization, on behalf of which an individual acts
person who accesses LeadSender.
Executor and User together are referred to as the «Parties».
1.5. Administration - individuals authorized by the owner of LeadSender to
management of the service and other actions related to it
use. The administration acts on behalf of the Executor, unless otherwise
specified separately.
1.6. Services, or «LeadSender» Services - a set of services provided by the Executor
User by providing the opportunity for a certain time
use the online service «LeadSender». Services include, in particular:
1) User consulting on the capabilities of the Service and work in
it;
2) working with user requests related to malfunctions in operation
Service;
3) providing the User with the opportunity to use LeadSender during
the paid period and in accordance with the paid tariff plan.
1.7. Agreement (hereinafter «Agreement») - an agreement between the Executor and
User for the provision of «LeadSender» Services, which is concluded by
Accepting the Offer. The concepts of «Contract» and «Agreement» in the context of Russian
legislation have equivalent meanings.
1.8. Acceptance of the Offer - complete and unconditional acceptance of the Offer by making
full payment for using the service on the tariff plan listed on the website
on the Internet: https://leadsender.ru. From the moment of registration or payment
User's consent to the terms of this Agreement is confirmed, and the Agreement is concluded.
By accepting the terms of this Agreement, the User assures that they will
use the LeadSender service exclusively for
business purposes to streamline business processes.
1.9. Subscription - paid period for the provision of selected Services.
1.10. In the Offer, terms not defined in clause 1 may be used.
This Agreement. In this case, the interpretation of such a term is made in
accordance with the text of the Agreement. In the absence of a clear interpretation
of the term, the interpretation of the term defined: firstly - by the legislation of the Russian Federation,
secondly - on the website https://leadsender.ru,
then - prevailing (commonly used) on the Internet.
2. Subject of the Agreement and Terms of Service
2.1. The subject of this Agreement is the provision by the Executor
User of paid services «LeadSender» on the terms of the Offer, i.e.
providing access to the existing online service at the moment
«LeadSender», located on the Website on the Internet at the address:
https://leadsender.ru.
2.2. The Executor provides maintenance of the LeadSender functions located on
the website on the Internet at the address: https://leadsender.ru.
The functionality of «LeadSender» may be expanded or reduced as the service develops.
Current information about «LeadSender» capabilities is published on the website at
the address: https://leadsender.ru.
2.2. This User Agreement is governed by the legislation
of the Russian Federation. Issues not regulated by this User
agreement shall be resolved in accordance with the legislation of the Russian
Federation. All possible disputes arising from the relations governed
by this User Agreement are resolved in accordance with the current legislation
of the Russian Federation, in accordance with the norms of Russian law.
2.3. The User agrees to familiarize themselves with the contents
of the Offer, the terms of the Agreement, and the tariff plans posted
by the Executor on the Website on the Internet at the address: https://leadsender.ru.
2.4. The User is aware and agrees that the Executor has the right to change
the text of the User Agreement by publishing its new version on
the website on the Internet at https://leadsender.ru. The User's acceptance
of the User Agreement in the new edition is the User's conclusive actions
to use «LeadSender» on new terms. Changes come into effect
from the moment of publication of the new version of the User Agreement on
the website on the Internet at https://leadsender.ru, unless otherwise provided
by the new edition of the User Agreement.
2.5. The User is personally responsible for the safety and
confidentiality of registration data. All actions taken with
the use of the User's registration data are considered to be carried out
by the User. The User is personally responsible to third parties for all actions
taken with the use of the User's registration data. The Executor is not
responsible for the unauthorized use of the User's registration data by third parties.
2.6. In order to use «LeadSender» the User must have a computer or other
technical device that provides access to the Internet (WWW). All questions
about acquiring the right to access the Network, buying and setting up the relevant
equipment and software are solved by the User independently and
are not regulated by this Agreement.
To integrate «LeadSender» with the User's system, the User must be
registered in WhatsApp, and have a mobile phone number linked to WhatsApp.
2.7. The User understands and agrees that the service is provided «as is» (including any further
its development and modification) and that the Executor is not
responsible for any delays, failures, incorrect or untimely
delivery, deletion, or non-preservation of any user's personal
information, as well as does not bear responsibility for the User's obligations to
third parties.
2.8. Technical support and consultations are provided on the page at the address:
https://leadsender.ru/support.
2.9. The User acknowledges that the Administration may impose restrictions on
the use of «LeadSender,» as well as change the rules and restrictions at any time, with
or without prior notice to the User at its discretion.
The Administration may prohibit automatic access to the service, as well as
stop receiving any information generated automatically.
The Administration may, at its discretion, cease to maintain connectivity with
networks that violate the principles of interaction.
3. Acceptable Use of LeadSender
3.1. The User is obliged to use LeadSender in accordance with this Agreement. The Administration has the right to block or cancel the User's account for a violation of the terms of the Agreement.
3.2. The User is obliged to access LeadSender and use the service exclusively for legal, permitted, and acceptable purposes. The User must comply with all applicable laws, including those related
to privacy, spam, unsolicited marketing, notifications, and/or advertising disclosures. By using LeadSender, the User undertakes not to directly or indirectly, through automated or other means, breach or
attempt to breach the information security of the service, including but not limited to:
1) Attempting to test the security system vulnerability of LeadSender, connecting to the service without Administration's permission;
2) Imitating and/or falsifying any TCP/IP packet header or any part of the header in any electronic mail or material posted on the service;
3) Accessing, using, copying, adapting, modifying, creating derivative works, distributing, transmitting, displaying, performing, or otherwise using LeadSender in impermissible or unauthorized ways,
or ways that create a burden on the services, impair their functioning, or harm our users or other individuals;
4) Reverse engineering, altering, modifying, creating derivative works, decompiling, or extracting code from LeadSender;
5) Sending, storing, or transmitting viruses, or other computer code through LeadSender;
6) Obtaining or attempting to obtain unauthorized access to LeadSender;
7) Interfering with the operation or compromising the integrity or functioning of LeadSender;
8) Obtaining information from users or about users of LeadSender through impermissible or unauthorized means;
9) Selling, reselling, renting out a LeadSender account, or any other actions taken with the aim of profiting from the distribution of personal access to the service;
10) Creating software or APIs whose functions essentially coincide with 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 provided in section 1.8 of this Agreement, in accordance with article 9 of the Federal Law dated 27.07.06 No. 152-FZ «On Personal Data»,the User confirms their consent to the collection, storage, and processing of their personal data by the Executor for the purpose of fulfilling their obligations as stipulated in this Agreement. From the moment of User registration in LeadSender, such consent is considered to have been obtained in written form.
4.2. The data subject to processing includes the following information:
User's full name;
Contact phone number;
Email address;
Other information required for User registration and invoicing.
4.3. Processing of personal data includes their storage, processing, and destruction.
4.4. The User consents to receive informational mailings, advertisements, as well as system messages and notifications related to the operation of the Service and other information at the email address provided during registration as a User. The User has the right to opt out of receiving informational mailings.
4.5. The User retains the right to withdraw their consent by preparing the appropriate written document, which must be sent by the User to the Executor by registered mail with acknowledgment of receipt.
4.6. The Executor is obligated to destroy the User's personal data upon receiving a written request from the User for the destruction of their personal data.
4.7. The User's consent to the processing of their personal data remains in effect throughout the entire term of this Agreement and for a period of 3 years from the termination of this Agreement.
4.8. The Administration makes every effort to prevent unauthorized use of User's personal information.
4.9. The Executor is not responsible for any non-targeted use of User's personal information resulting from:
Technical issues in software, servers, or computer networks outside the Executor's control;
Interruptions in the Service's operation due to intentional or unintentional use of LeadSender by third parties for purposes other than intended;
Other cases that occurred without the fault of the Executor.
4.10. By using LeadSender, the User agrees and accepts that the Administration reserves the right to use their personal information anonymously and in aggregated form for statistical purposes.
4.11. The Administration undertakes not to provide any personal information about Users to individuals and organizations claiming potential non-targeted use of such information (unsanctioned advertising, «spam», providing information to other individuals, and the like), except in cases provided by the current legislation of the Russian Federation.
5. Rights and Obligations of the Parties
The Executor undertakes:
5.1. To provide the User with Services in accordance with the Agreement concluded on the terms of the Offer.
5.2. When providing Services, to ensure the User's access to the functionality of LeadSender. However, the Executor is not responsible in case the User is unable to use the functionality of LeadSender for reasons beyond the Executor's control.
5.3. To provide the User with the opportunity to pay for the Subscription through the Personal Account.
5.5. To ensure the confidentiality of the User's registration data.
5.6. The Parties have agreed that the condition of maintaining the confidentiality of the User's registration data provided by the User during registration does not apply to cases where the Executor uses such data for the purpose of invoicing the User for the Services. The information and details provided by the User must be specified in the mentioned documents. The Executor has the right to:
5.7. Use the User's data in aggregated and de-identified form, preventing third parties from obtaining the User's personal data and confidential information, including commercial, professional, occupational, and other secrets.
5.8. At any time, change the appearance of the service, its functionality, modify or supplement the scripts, software, and other objects used or stored on the site, any server applications at any time without prior notice to the User.
5.9. When necessary, send the User emails related to the use of LeadSender. In these emails, the Administration will never request confirmation of information containing personal information.
5.10. Modify the terms of service provision or terminate it (temporarily or permanently) without prior notice. Establish additional restrictions on the use of LeadSender and modify such restrictions at any time.
5.11. Temporarily suspend the provision of Services to the User for technical, technological, or other reasons that hinder the provision of Services, for the duration of the elimination of such reasons.
5.12. Suspend the provision of Services under the Agreement and/or terminate the Agreement prematurely in a unilateral extrajudicial manner in accordance with Article 450.1 of the Civil Code of the Russian Federation in cases of the User's violation of obligations and/or guarantees accepted in accordance with this Agreement.
5.13. Terminate the Agreement in a unilateral manner in accordance with Article 450.1 of the Civil Code of the Russian Federation and delete the User's data without notice if the User has not accessed the Service's functionality for 6 (six) consecutive calendar months.
5.14. At any time, close the service with or without prior notice at its discretion. In this case, the Executor is not responsible for discontinuing access to LeadSender.
The User undertakes:
5.14. To pay for the Executor's Services under the Agreement in the manner and within the timeframes established in this Agreement.
5.15. To provide truthful, accurate, and complete information about themselves in the questions offered in the registration form and to keep this information up to date. If the User provides incorrect information, or if the Executor has serious grounds to believe that the information provided by the User is incorrect, incomplete, or inaccurate, the Executor has the right to suspend or cancel the User's connection to the service and deny the User the use of the service.
5.16. To ensure the security and protection of their device and account, prevent unauthorized use and access to LeadSender, take commercially reasonable security measures to ensure the confidentiality of data provided to the Executor, and protect LeadSender from unauthorized access, use, and copying.
5.17. To immediately inform the Executor if the User discovers or suspects unauthorized access or use. The User is not entitled to transfer their rights under this Agreement to a third party.
The User has the right:
5.18. To contact the Administration to resolve disputed issues or seek assistance in using LeadSender.
6. Executor's Property Rights
6.1. The User acknowledges and agrees that LeadSender and all the necessary software associated with it contain confidential information protected by intellectual property laws.
6.2. Neither the User nor other individuals with the User's assistance have the right to copy or modify the software, create derivative works from the software, penetrate the software to obtain program codes, sell, rent, or transfer any rights regarding the software and services provided to the User to third parties, and gain unauthorized access to or modify the service, including gaining unauthorized access to it.
7. Release from Warranty
7.1. The Executor is not responsible for any delays, failures, incorrect or untimely delivery, deletion, or loss of any information that occurs not due to the fault of the Executor. In particular, the User is informed and agrees that the Executor is not responsible for the availability of LeadSender when integrated with the User's system, which may result in complete or partial inability for the User to use the functionality of LeadSender.
7.2. The service is provided «as is». The Executor does not guarantee that: the service will meet your requirements; the service will be provided continuously, quickly, reliably, and without errors; the results that may be obtained using the service will be accurate and reliable; the quality of any product, service, information, etc., obtained through the use of the service will meet your expectations; all errors in the programs will be corrected.
7.3. The Executor does not guarantee that the software, servers, and computer networks used by the Site are free from errors and computer viruses. If the use of LeadSender results in data loss or equipment damage, the Executor is not responsible for it.
7.4. The Executor is not responsible for any direct or indirect losses that occur due to: the use or inability to use the service; unauthorized access to the User's account. In any case, the Executor'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 imposed on the Executor in case of his fault.
7.5. The User uses LeadSender at their own risk. The User is personally responsible to third parties for their actions related to the use of LeadSender, including cases in which such actions lead to a violation of their rights, as well as the rights and legitimate interests of third parties as provided in this User Agreement, and compliance with the law when using LeadSender.
7.6. In the event of force majeure circumstances that the party to this Agreement could neither foresee nor prevent by reasonable measures, the deadline for the performance of obligations under this Agreement is extended proportionally to the time during which such circumstances continue to exist, without compensation for any losses. If the Executor faces a situation where it becomes impossible to fulfill its obligations due to the occurrence of force majeure circumstances, it must notify the User immediately (but no later than 5 (five) business days) by posting information on its website or by email. Force majeure circumstances include events beyond the control of the Party and for the occurrence of which it is not responsible, including: war, insurrection, strike, earthquake, flood, other natural disasters, fire, power supply failures, actions and acts of government authorities adopted after the conclusion of the Agreement making it impossible to fulfill the obligations established by the Agreement, and other unforeseen circumstances and events beyond the control of the Parties, including, but not limited to, the above. If force majeure circumstances and/or their consequences continue to exist for more than 30 (thirty) consecutive calendar days, the Agreement may be terminated at the initiative of either party by sending written notice to the other party.
8. Cost of Services and Payment Terms
8.1. The User pays the Executor for paid Services in accordance with the tariffs published on the website at the following address: https://leadsender.ru. The Executor unilaterally establishes the cost and conditions for the provision of Services for all tariff plans by posting information about them on the website. Changes take effect from the moment they are posted on the website. Once established, the cost and conditions for the provision of Services remain in effect until the next change and throughout the entire pre-paid period by the User.
8.2. Payment for Services is made by the User in Russian rubles by non-cash payment:
8.2.1. Legal entities and individual entrepreneurs pay by bank transfer to the Executor's bank account from the organization's bank account.
8.2.2. Individuals pay by bank transfer to the Executor's bank account from their personal bank account.
8.3. Paid Services are provided to the User on the terms of advance payment. The User makes an advance payment in the amount of 100% (one hundred percent) of the cost of the ordered Services.
8.4. The Service is provided only for a pre-paid period of time in accordance with the tariffs published on the website at the address: https://leadsender.ru. After this period and in the absence of a written claim from the User, the service is considered to have been properly performed, and the Certificate of Services Rendered for the service is considered signed by the User.
9. Term and Amendment of the Offer
9.1. The Offer comes into effect from the moment of posting on the Internet at the address https://leadsender.ru and is valid until the Offer is withdrawn by the Executor.
9.2. The Agreement comes into effect from the moment of Offer Acceptance.
9.3. The Agreement is concluded for an indefinite period and is valid until termination.
9.4. The User agrees and acknowledges that making changes to the Offer entails making these changes to the User Agreement concluded between the User and the Executor and in effect, and these changes take effect simultaneously with such changes to the Offer.
9.5. The Executor can withdraw the Offer at any time, but this does not justify the refusal of the Executor's obligations under the concluded Agreement.
10. Termination of Agreement and Refund of Funds
10.1. The Agreement can be terminated as follows:
10.1.1. By mutual agreement of the Parties at any time;
10.1.2. At the initiative of either Party in case of a breach of the Agreement's terms by the other Party with written notice to the other Party;
10.1.3. At the initiative of either Party with written notice to the other Party.
10.2. In the event of early termination of the provision of Services upon the termination of the Agreement, the Executor refunds the unused funds to the User at the request of the User, sent within 1 working day from the date of termination of the provision of services. The amount of unused funds to be refunded is calculated as the funds paid by the User to the Executor, minus the cost of actually provided Services, as of the date of termination of the Agreement, and minus 20% of the amount paid. Refunds are made only in non-cash form. Transfer of refunded funds to a third party upon the User's request is not made. This provision applies to both individual and legal entity Users.
10.3. The following rules apply for refunding funds to Users who are legal entities or individual entrepreneurs:
10.3.1. To return funds to the bank account of the User, a legal entity or individual entrepreneur, it is necessary to fill out a «Request for the Refund of Funds», which is sent to the Executor in writing by mail. Applications with the original seal of the User and the signature of the sole executive body of the User or the signature of an individual entrepreneur are accepted for consideration. The refund of funds will be made to the User's bank account from which the Executor previously received funds for the Services, within 30 (thirty) working days from the date of receipt of the «Request for the Refund of Funds» by the Executor.
10.4. The following rules apply for refunding funds to Users who are individuals:
10.4.1. To return funds to the bank card or bank account of the User, an individual, it is necessary to fill out a «Request for the Refund of Funds», which is sent to the Executor in writing by mail. The refund of funds will be made to the User's bank account specified in the application within 7 (seven) calendar days from the date of receipt of the «Request for the Refund of Funds» by the Executor.
10.4.2. To return funds that have been erroneously credited to the Executor's bank account through payment systems, the User, an individual, must submit a written request within a period not exceeding 2 working days from the date of such payment, along with a copy of their passport and receipts/vouchers confirming the erroneous credit. This request must be sent to the Executor. After receiving a written request with the attachment of a copy of the passport and receipts/vouchers, the Executor will refund the amount to the bank account of the individual specified in the application within 7 (seven) banking days from the date of receiving the request. In this case, the refund amount will be equal to the amount erroneously credited. It should be noted that funds are not considered erroneously credited if the User has been provided with actual access to the service and has used it.
10.5. The period for processing the request and refunding funds to the User (both legal and natural persons) commences from the moment of receiving the request by the Executor. If the request is received by the Executor after 18:00 on a working day or on a holiday/weekend, the moment of receiving the request by the Executor is considered the following working day.
11. Other Terms
11.1. The Agreement, its conclusion, and execution are governed by the current legislation of the Russian Federation. All issues not regulated by the Offer or regulated incompletely are subject to regulation in accordance with the substantive law of the Russian Federation. If disputes between the User and the Executor regarding the Agreement are not resolved through negotiations between the Parties, they shall be considered in accordance with the current legislation in a court at the location of the Executor.
11.2. Any notifications under the Agreement may be sent by one Party to the other Party as follows:
1) by email: a) to the User's email address specified by them when submitting an application on the https://leadsender.ru website, from the Executor's email address if the recipient is the User, and b) to the Executor's email address from the User's email address specified by them when submitting an application on the https://leadsender.ru website, if the recipient is the Executor;
2) by fax;
3) by mail with a delivery notification or by a courier service with confirmation of delivery.
11.3. In the event that one or more provisions of the Offer are, for any reason, invalid or legally unenforceable, such invalidity shall not affect the validity of the Offer as a whole or the validity of any other provisions of the Offer (Agreement), which shall remain in force.
11.4. Without contradicting the terms of the Offer, the User and the Executor may, at any time, formalize a Service Agreement in the form of a written bilateral document.
12. ORGANIZATION DETAILS
Organization Name: LLC «LEADSENDER»
Legal Address: 428003, RUSSIA, Chuvash Republic - Chuvashia, Cheboksary, Ulitsa Kompozitorov Vorobyevykh, Building 20, Office 314
TIN (Taxpayer Identification Number): 2100010479
KPP (Tax Registration Reason Code): 210001001
OGRN (Primary State Registration Number): 1232100007028
Bank Account: 40702810310001499937
Bank: JSC «Tinkoff Bank»
Bank's TIN: 7710140679
Bank's BIC: 044525974
Bank's Correspondent Account: 30101810145250000974
Bank's Legal Address: Moscow, 127287, 2-ya Khutorskaya Street, Building 38A, Structure 26
