Date of publication and entry into force: 13.07.2020
Using the mobile application “iMe Messenger” (hereinafter referred to as the Application), which is a branch project (fork) of the Telegram messenger, which operates on the basis of its open API, has additional functionality and design elements, the user (hereinafter referred to as the User) accepts this agreement (hereinafter referred to as the Agreement) regulating the rules for using the Application, the procedure for purchasing paid services in the Application, the responsibility of the parties and other relations related to the use of the Application.
Due to the feature of the Application and the direct relationship with the servers and the Telegram equipment, the User accepts as a fact, and the Rightholder responsibly declares that it does not store, does not intend to store in the future, and does not process the personal data of the Application Users. All personal information of Users is transmitted and processed on servers and equipment of Telegram.
1. TERMS AND DEFINITIONS
- 1.1. According to the text of the Agreement, as well as in connection with the relationship between the Rightholder and the Application User, the following terms and definitions apply.
- 1.1.1. User - a capable adult physical person (or legal representative of a minor), who has passed the registration procedure in the Application, has civil law and capacity, is able, in accordance with the legislation, to acquire rights and bear obligations on its behalf and act as a party to the Agreement.
- 1.1.2. Store - application store “App Store” or “Google Play Market” (depending on the device of the User), through which the User installed and launched the Application on his device.
- 1.1.3. Neurobot – A computer program built into the Application (neurobot) that mimics a person’s speech behavior when communicating with one or more people in an Application chat.
- 1.2. Other terms used in the Agreement and / or in relations arising from it are subject to interpretation in accordance with the legislation of the Republic of Cyprus Singapore, and in the absence of their interpretation in the legislation in accordance with the customs of business and scientific doctrine.
2. GENERAL PROVISIONS
- 2.1. When using the Application, the User undertakes to comply with the Agreement, with all its integral parts, including the current legislation and international agreements, the rules of the Shops, other legal acts interrelated with the functioning of the Application.
- 2.2. The Rightholder has the right, without the consent of the User, to involve third parties to fulfill the obligations under the Agreement, while remaining responsible for their actions to the User.
- 2.3. The User undertakes to timely and independently familiarize himself with the current version of the Agreement. In case of disagreement of the User with the current edition of the Agreement, the User is obliged to stop using the Application.
- 2.4. The User undertakes not to use possible errors of the software part of the Application in order to gain an advantage over other Users. The User undertakes to immediately report all errors he has identified in the Application to the Rightholder.
- 2.5. The User is responsible for the security of his account in the Application, and is obliged to take measures independently to ensure its security.
- 2.7. The User acknowledges and agrees that he should independently assess all risks associated with the use of the Application, including an assessment of the reliability, completeness or usefulness of the information contained in the Application.
3. REGISTRATION IN APPLICATION
- 3.1. After downloading the Application to his device from the Store, the User installs the Application, launches it and goes through the registration procedure in the Application.
- 3.2. In order to complete the registration, after installing the Application from the Store, the User needs to associate his device with the Telegram database, for which he needs to perform one of the following actions:
- 3.2.1. Enter the code that came to any active “Telegram” of the User (both the mobile application and the stationary version for the personal computer);
- 3.2.2. Enter the code from the SMS message.
- 3.3. Registration and entry into the Application is carried out using the Telegram service. The service of registration and authorization of the User in the Application works exclusively with the help of the equipment and servers of Telegram.
- 3.4. The User is obliged to immediately notify the Rightholder of any case of unauthorized (not permitted by the User) access to the User account and / or any violation (suspicion of violation) of the confidentiality of their means of access to the account in the Application. The Rightholder is not responsible for possible loss or damage to data, as well as other consequences of any nature that may occur due to a violation of the provisions of the Agreement by the User.
4. LINK TO TELEGRAM
- 4.1. The Application is developed on the basis of the Telegram API, accessible via the https://core.telegram.org/api link, which has open source code. The peculiarity of the Application is that all the functional features of the “Telegram” are saved in it, as well as new ones that are not included in the “Telegram”, such as the use of Neurobots, are added.
- 4.2. It is impossible to access the User’s personal information through the equipment and / or the Rightholder’s server, since the entire User’s information is stored on its device and on the Telegram equipment.
- 4.3. The sole function of the server hardware of the Rightholder in the Application is to store information about Neurobots, as well as their estimates, the number of installations and other information about Neurobots, which will be displayed in the Store.
- 4.4. All cloud storage used in the Application belongs to the “Telegram”, the entire history of correspondence, contacts, files, media of the User is stored in his account and is displayed both in the Application and in the “Telegram”. This, in fact, is a single database.
- 4.5. The main difference of the Application from “Telegram” is the possibility of using Neurobots, as an additional functionality, working on top of the existing one in “Telegram”.
5. SHOPPING AND USING NEUROBOTS
- 5.1. Neurobots available in the Application interface are divided into paid and free.
- 5.2. Any Neurobot may be updated and / or deleted at any time on the initiative of the Rightholder and for objective reasons. No prior notice to the User of the update and / or removal of the free Neurobot is required. In case of removal of the Neurobot paid by the User, the Rightholder shall have the right to provide the User with the opportunity to choose the same Neurobot from among those functioning, at no additional charge. The User undertakes to inform the Rightholder about his choice. After updating Neurobot, the User needs to update the Application on his device.
- 5.3. The purchase of Neurobot is carried out according to the “as is” principle, that is, from the moment the access to the Neurobot is granted, the service is considered to be rendered. The fact of non-use of Neurobot does not affect the financial relations of the parties under the Agreement. The Rightholder is not obliged to refund if the User does not use the purchased Neurobot.
- 5.4. Any payment in the Application is carried out in accordance with the interface of the respective Store and according to its rules.
- 5.5. The cost of any paid Neurobot, as well as other conditions for acquiring Neurobot (for example, a paid subscription, etc.) is presented in the Application interface.
- 5.6. The current version of Neurobot, which is available to the User, is not subject to change, this means that Neurobot does not analyze the User’s correspondence and does not “complete its education” during its use, does not transmit correspondence for analysis, etc.
- 5.7. The User, at his own discretion, decides on the use of Neurobot with his interlocutors and bears full responsibility for its use before other Users. The Rightholder does not create abusive or slanderous messages during the development of Neurobot, however, it does not control the User’s correspondence process, so some expressions proposed by Neurobot may seem to other Users unacceptable. Under no circumstances is the Rightholder responsible for the User’s correspondence, does not keep it, does not have access to it.
6. USE OF WALLET AND AICOIN
- 6.1. Currently, the iMe Messenger wallet ("Wallet") is based on a centralized platform using Google servers. This is necessary to test and debug Wallet functionality, after which the transition to a decentralized platform will be made. The user will be notified additionally. Wallet is intended for ease of use and distribution of internal coins of the Application - AiCoin. All built-in purchases, monetization in the Application, including earnings of the User take place through the Wallet.
- 6.2. Activation of the Wallet is performed by authorization of the Account of the User via Telegram. Authorization is implemented via OAuth2 Telegram bot and is required every time you log in or reinstall the Application.
- 6.3. AiCoin is a virtual iMe Messenger coin that is designed to buy inside an Аpplication. AiCoin also can be used to:
- Purchase Neurobots;
- Creation Neurobots;
- Sale Neurobots;
- Issue of advertising Neurobots for promotion of goods and services;
- Earnings through the use of advertising Neurobots;
- Signing up for the placement of channels, groups and chat bots in the collection of the Application;
- Signing up for Premium Cloud;
- 6.4. The base cost of 1 AiCoin is $0.01.
- 6.5. AiCoin is not affiliated with Gram from "Telegram", these are completely different tools from different manufacturers. Gram implies functioning on a decentralized TON platform, and AiCoin evolves on a centralized platform. The Rightholder reserves the right to choose DLT platforms in the future, such as TON, Ethereum, Hedera Hashgraph and others.
- 6.6. Principle of distribution of AiCoins:
- The concrete invariable quantity of coins on the separate issue account, with balance of 10,000,000,000 AiCoin is initially created;
- From the issue account, without the possibility of replenishment, coins are distributed among Users, at the expense of purchase or earning AiCoin;
- The issue of coins will be fully completed when all coins from the issue account are distributed among the Users;
- 6.7. Replenishment:
- A Welcome Bonus of N AiCoin is awarded for the installation of the iMe;
- User also top up his balance directly, through Apple and Google payment accounts, or when making a built-in purchase;
- User can earn AiCoin, for example, by using Neurobots, including advertising Neurobots, selling Neurobots, and performing other tasks inside an Application.
- 6.8. Payment:
- Spend AiCoin on paid functionality in iMe - purchase or creation of Neurobots, subscription for channel placement, subscription to Premium Cloud, etc.;
- User can also translate AiCoin to other Users.
- 6.9. In the account iMe AiCoin are accumulated from Users with fees and paid functionality (excluding built-in purchases AiCoin). In this account, AiCoin are accumulated until all AiCoin from the issue account are redeemed, and the account will iMe replace the issue account.
- 6.10. The following information displayed in the Wallet is available to the user:
- Personal AiCoin balance with estimated value in USD;
- Number of created and issued AiCoin in the system;
- Balance of AiCoin in the iMe account and accounts of all Users;
- History of purchases and transactions.
- 6.11. Any additional questions not described in this section related to the use of the Wallet and AiCoin the User may write in support on @iMeMessenger.
7. SIMPLE ELECTRONIC SIGNATURE
- 7.1. By virtue of the Law on Electronic Signature, a simple electronic signature is an electronic signature, which, by using codes, passwords or other means, confirms the fact that an electronic signature has been generated by a certain person. Thus, any actions of the User using the login and password to his account in the Store and / or to the account in the Application confirm the fact of the formation of a simple electronic signature directly by the User.
- 7.2. Electronic documents and messages signed with a simple electronic signature are recognized as equivalent documents on paper, signed with a handwritten signature.
- 7.3. The user undertakes to respect the confidentiality of his electronic signature and bears full responsibility for its safety and individual use, independently choosing the method of their storage and restricting access to it.
8. LIMITATION OF LIABILITY
- 8.1. The User understands and unconditionally agrees that he uses the Rightholder's services under the Agreement solely at his own risk and that the services are provided to the User on an “as is” and “as available” basis, namely the Rightholder does not declare or guarantee that:
- services will meet the requirements of the User;
- services will be provided continuously, timely, safely and without errors;
- any information received by the User as a result of using the services will be full-time and reliable;
- defects in the work or functionality of any software as part of the Application will be corrected in the expected time of the User.
- 8.2. The User also understands and agrees that all the Application’s services are provided “as is” and that the Rightholder is not responsible for any delays, malfunctions, incorrect or untimely delivery, deletion or failure of any user personal or other information.
- 8.3. The copyright holder of "Telegram" is responsible for the quality of communication services presented in the Application.
- 8.4. Access to downloaded malware in the Application.
- 8.5. The Rightholder is not responsible for the loss of User data.
- 8.6. The User agrees that the Application meets its requirements.
- 8.7. The Rightholder or his representatives are not responsible before Users or before third parties, for any indirect, incidental, unintentional damages, including enhanced outcomes or lost data, harmful conditions, value or business reputation arising in connection with the use of the Application, all usable that can be achieved with it.
9. INTELLECTUAL PROPERTY
- 9.1. The design elements, all Neurobots and other objects missing in the Telegram interface are subject to the exclusive rights of the Rightholder.
- 9.2. The user is granted a personal non-exclusive and non-transferable right to use the Application on his device, provided that neither the User himself nor any other persons with the assistance of him will:
- copy or modify the software;
- create software-derived programs;
- penetrate the software in order to obtain program codes;
- violate the rights of third parties;
- to sell, assign, lease, transfer to third parties in any other form the rights with respect to the software provided to the User under the Agreement;
- modify services, including in order to obtain unauthorized access to them.
- 9.3. The User is strictly prohibited to use Neurobots, both as a whole and as a separate part (for example, images, Neurobot images) outside the interface of the Application. In the event that a violation of this condition is found, the Rightholder has the right to seek compensation for violation of the license for Neurobots in the amount of 1,000 to 50,000 US dollars at its discretion, depending on the nature of the violation.
- 9.4. In the event of the discovery of a violation of intellectual property rights, the respective copyright holder shall, in the pretrial order, send a statement to the Rightholder by e-mail: email@example.com. A statement is submitted by an authorized person, a copy of the document is attached to a statement (in written or electronic form) confirming his authority.
- 9.5. In case of detection of incomplete information, inaccuracies or errors in the Application, the Rightholder submits to the applicant within 24 (twenty-four) hours from the date of receipt of a statement a notification on the clarification of the submitted information. This notification may be sent to the applicant once. Within 24 (twenty-four) hours from the moment of receiving the notification, the applicant takes measures aimed at filling the missing information, elimination of inaccuracies and errors, and sends the specified information to the Rightholder.
- 9.6. Within 24 (twenty-four) hours from the moment of receipt of a statement information specified by the applicant (in the case of notification to the applicant), the Rightholder removes the intellectual property from the Application, the rights to which have been violated.
- 9.7. If the Rightholder has evidence confirming the legality of placing information containing the object of copyright and (or) related rights in the Application, the Rightholder has the right not to take measures to remove such information on a statement, and sends the applicant a corresponding notice with the above evidence.
10. FINAL PROVISIONS
- 10.1. All disagreements or disputes that may arise between the parties to the Agreement should be resolved in the pretrial order through negotiations, the sending of claim letters. The deadline for responding to a claim is 10 (ten) business days. Claims of the User are accepted and considered by the Rightsholder only in writing.
- 10.2. If agreement for any reason is not reached during the pre-trial settlement, the dispute arising from the Agreement shall be considered on the basis of Cyprus international arbitration law.
- 10.3. The law of the Republic of Cyprus applies to the relations of the parties under the Agreement. Acceptance of the Agreement by a foreign User means that the text of the Agreement is understandable to him and does not need translation. If necessary, the translation of foreign users undertake to translate into the language they need on their own and at their own expense.