Public Offer for the Provision of Services

1. General provisions and terms

1.1. This Public Offer (hereinafter the “Offer”) is an official proposal of Individual Entrepreneur Roman Valeryevich Kashcheev (hereinafter the “Contractor”) to enter into an agreement for the provision of services granting access to the Dialog Gate software on the terms set out below.

1.2. The following terms are used in this Offer:

• Dialog Gate (the Platform) — software for automating omnichannel communications
• User (Customer) — an individual or a legal entity that has accepted the terms of the Offer
• Services — providing access to the functionality of the Platform under the SaaS model
• Personal Account — a password-protected area of the website for managing the services
• Channel — a connected messenger or means of communication (Telegram, WhatsApp, etc.)

2. Acceptance of the offer

2.1. This Offer is accepted when the User performs one of the following actions:

• Signing up on the website dialog-gate.ru by filling in the registration form
• Topping up the balance through the payment system
• Connecting the first communication channel

2.2. By accepting, the User confirms that they have read the terms of the Offer, accept them in full and undertake to comply with them.

2.3. The agreement is deemed concluded from the moment of acceptance and remains in force until terminated by either party.

3. Subject of the agreement

3.1. The Contractor undertakes to provide the User with access to the functionality of the Dialog Gate Platform, and the User undertakes to pay for the services in the manner and on the terms defined by this Offer.

3.2. The services are provided under the SaaS (Software as a Service) model — access to the software through a web interface without transfer of the source code.

3.3. The Platform functions provided:

• Connecting and managing communication channels (Telegram, WhatsApp, VK, Email, Webchat)
• A single interface for handling incoming messages from all channels
• A system of statuses and a kanban board for managing conversations
• Distribution of conversations among operators
• Conversation history and message search
• A REST API for integration with external systems
• A web chat widget for embedding on a website
• Technical support during business hours

4. Trial period

4.1. New Users are given a trial period of 14 (fourteen) calendar days for each channel they connect.

4.2. During the trial period the full functionality of the Platform is available without restrictions.

4.3. No bank card or prepayment is required to activate the trial period.

4.4. When the trial period expires, the channel is automatically suspended until the User tops up the balance.

4.5. The Contractor may change the terms of the trial period or cancel it for certain categories of users by giving notice on the website.

5. Price and payment procedure

5.1. The price of the services is determined by the current price list published on the website dialog-gate.ru in the “Pricing” section.

5.2. The price for using one channel is from 300 (three hundred) roubles per month, depending on the channel type.

5.3. The services are paid for by topping up the User’s balance in advance in the following ways:

• Visa, MasterCard and MIR bank cards through the YooKassa payment service
• E-wallets (YooMoney, Qiwi) through YooKassa
• Bank transfer against an invoice for legal entities and individual entrepreneurs

5.4. The minimum top-up amount is 100 (one hundred) roubles.

5.5. Funds are charged from the User’s balance automatically every day at the rate of: (monthly price of the channel) / (number of days in the current month).

5.6. If there are insufficient funds on the balance, the channel is automatically suspended until the balance is topped up. Incoming messages may be lost during the suspension.

5.7. The Contractor may change the price of the services by notifying the User at least 7 (seven) calendar days in advance by publishing the information on the website and sending an email notice. If the User disagrees with the new prices, they may terminate the agreement before the new prices take effect in the manner provided for in section 15.

6. Payment agent

6.1. Payments from Users are accepted through a payment agent — NBCO YooMoney LLC (INN 7750005725, OGRN 1157746322980, address: 8 Efremova St., bldg. 1, Moscow, 119048), operating under Bank of Russia licence No. 3510-K dated 27 August 2015.

6.2. Funds are credited to the User’s balance at the moment the Contractor receives confirmation of successful payment from the payment system.

6.3. The time for crediting funds ranges from a few seconds to 3 (three) business days, depending on the payment method and the issuing bank.

7. Refund procedure

7.1. The User may refuse the services at any time by deleting the account or by giving written notice to the Contractor.

7.2. If the User refuses the services, the remaining balance is refunded less:

• The cost of the services actually provided (days of use × daily price)
• The payment system’s fee for the refund (usually 2–3%, depending on the payment method and the payment system)

7.3. The refund is made to the same payment details that were used for the top-up within 10 (ten) business days from receipt of the request.

7.4. To request a refund, the User sends a written request to admin@dialoggate.ru stating the details for the refund.

7.5. A refund of a payment made by bank card is made to the same card. For a payment against an invoice, the refund is made to the User’s settlement account.

8. Rights and obligations of the Contractor

8.1. The Contractor undertakes to:

• Provide access to the Platform after the Offer is accepted
• Keep the Platform operating in accordance with its purpose
• Provide technical support on business days from 10:00 to 19:00 Krasnoyarsk time (UTC+7)
• Ensure the confidentiality and security of the User’s data
• Give at least 24 hours’ notice of scheduled maintenance
• Keep backup copies of the User’s data
• Strive to meet a Platform availability target of 99% of the time per month (scheduled maintenance is not counted)

8.2. The Contractor may:

• Suspend the services if the User’s balance is negative
• Suspend or terminate access if the terms of the Offer are violated
• Change the functionality of the Platform, notifying Users on the website
• Carry out scheduled maintenance
• Use anonymised statistics to improve the Platform

9. Rights and obligations of the User

9.1. The User undertakes to:

• Use the Platform in accordance with the legislation of the Russian Federation
• Maintain a positive balance for uninterrupted provision of the services
• Not give third parties access to the Personal Account
• Keep the credentials (login, password) safe
• Not use the Platform to send spam or unlawful messages. Spam means mass sending of commercial or other messages to persons who have not consented to receive them. Sanctions: a first violation — a warning, a repeated violation — access blocked for 24 hours, systematic violations — termination of the agreement
• Comply with the rules of the connected messengers (WhatsApp, Telegram, etc.)
• Obtain recipients’ consent to receive messages independently

9.2. The User may:

• Use all functions of the Platform within the scope of the paid services
• Contact technical support
• Refuse the services at any time

10. Intellectual property

10.1. All exclusive rights to the Dialog Gate Platform, including the program code, interface design, databases, logos and trademarks, belong to the Contractor.

10.2. The User receives a non-exclusive right to use the Platform solely for the purposes provided for in this Offer.

10.3. The User is prohibited from:

• Copying, modifying or decompiling the program code of the Platform
• Creating derivative products based on the Platform
• Using the Platform to create competing services
• Removing or altering copyright notices

10.4. All data uploaded by the User to the Platform (contacts, messages, files) remains the property of the User. The Contractor has no right to use it without the User’s consent.

11. User data

11.1. When using the Platform, the User uploads the following categories of data:

• Customer contacts (names, phone numbers, email addresses)
• Correspondence with customers
• Files and media sent through the Platform
• Settings of communication channels (API tokens, credentials)

11.2. The Contractor undertakes to:

• Store the data on secure servers with encryption
• Not transfer the data to third parties without the User’s consent
• Create backup copies of the data daily
• Make it possible for the User to export the data

11.3. When an account is deleted:

• Working data (contacts, messages, files) is kept for 30 days so that the account can be restored
• After 30 days the working data is permanently deleted from the main storage
• The User may request immediate deletion of the data by a written request

11.4. Backup copies of the data (technical backups) are kept for 90 days to ensure the fault tolerance of the system, after which they are deleted automatically in accordance with the data retention policy.

11.5. Financial documents and personal data related to accounting are kept for 5 years after the agreement ends, as required by the legislation of the Russian Federation (see section 12).

12. Personal data

12.1. The Contractor processes the User’s personal data in accordance with Federal Law No. 152-FZ of 27 July 2006 “On Personal Data” and is a personal data operator.

12.1.1. The personal data of the User’s customers (contacts, correspondence) is processed by the Contractor solely on the User’s instruction. The User is responsible for the lawfulness of collecting and processing such data and must obtain the necessary consents from the personal data subjects.

12.2. Purposes of processing personal data:

• Registration and identification of the User
• Providing access to the Platform
• Performance of contractual obligations
• Issuing invoices and processing payments
• Sending notices about changes to the Platform
• Technical support

12.3. Personal data processed:

• Full name (for individuals) or the name of the organisation
• Email address
• Phone number (optional)
• INN (for legal entities and individual entrepreneurs)
• IP address and device data (for security)

12.4. Period of processing personal data:

• During the term of the agreement
• For 5 years after the agreement ends for personal data related to financial documents (full name, INN, payment details) — as required by the accounting and tax legislation of the Russian Federation
• Until the User withdraws consent (except where processing is required by law)

12.5. Rights of the personal data subject:

• To receive information about the data being processed
• To have the data rectified, blocked or deleted
• To withdraw consent to the processing of personal data
• To appeal against the Contractor’s actions to Roskomnadzor or in court

12.6. To exercise these rights, send a request by email to admin@dialoggate.ru. The request is considered within 30 days.

12.7. Detailed information on the processing of personal data is set out in the Personal Data Processing Policy.

12A. Instruction to process personal data

12A.1. By accepting this Offer, the User (Customer), as an independent personal data operator, instructs the Contractor to process the personal data of the User’s end customers in accordance with Article 6(3) of Federal Law No. 152-FZ “On Personal Data”.

12A.2. The actions with personal data covered by the instruction:

• Collection, recording, systematisation and accumulation — when messages are received from end customers
• Storage — in the Platform database on servers in the territory of the Russian Federation
• Use and retrieval — for display in the User’s interface
• Transfer — through communication channels (messengers, SMS, email) when replies are sent
• Deletion and destruction — at the User’s request or when the agreement is terminated

12A.3. The personal data processed on instruction:

• Name (the display name in the messenger)
• Phone number
• Email address
• Messenger identifier
• Avatar (profile photo)
• Message content (text, files, media)
• Message metadata (date, time, status)

12A.4. Purpose of processing: ensuring the operation of the Platform for organising the User’s communications with its customers through the connected communication channels.

12A.5. Obligations of the User (Customer):

• To obtain the necessary consents from its customers to the processing of their personal data
• To inform its customers that the Contractor is engaged as a processor
• To handle its customers’ requests to exercise their rights as personal data subjects
• Not to transfer special categories of personal data (health, biometrics, beliefs) through the Platform

12A.6. Obligations of the Contractor:

• To process the data solely for the purposes defined by the User
• To keep the personal data confidential
• To ensure the security of the data as required by law
• At the User’s request, to delete all personal data of its customers within 30 days
• To notify the User of security incidents involving its customers’ data
• When the agreement is terminated, to delete all end customers’ data within 30 days, except for data that must be retained by law

12A.7. This section constitutes the User’s instruction to process personal data within the meaning of Article 6(3) of Federal Law No. 152-FZ and remains in force for the entire period of use of the Platform.

13. Limitation of liability

13.1. The Platform is provided “as is”. The Contractor does not guarantee that the Platform is free of errors or that errors will be corrected within any particular time.

13.2. The Contractor is not liable for:

• The content of messages sent by the User through the Platform
• Temporary unavailability of the Platform due to force majeure
• The actions of third parties (providers, hosting providers, messengers)
• Blocking of the User’s accounts in WhatsApp, Telegram and other services
• Losses related to the loss of data caused by the User’s actions
• Indirect losses, lost profit, loss of business reputation

13.3. The Contractor’s maximum liability is limited to the amount paid by the User for the last 30 days of use of the Platform.

13.4. The Contractor is not liable for the User’s violation of the rules of third-party messengers or for any resulting blocking.

13.5. The User bears full responsibility for:

• The lawfulness of the use of the Platform
• Compliance with the legislation of the Russian Federation when sending messages
• Obtaining recipients’ consent to the processing of personal data
• The content of the messages sent

14. Force majeure

14.1. The Parties are released from liability for failure to perform or improper performance of their obligations under this Offer if circumstances of insuperable force (force majeure) arise.

14.2. Circumstances of insuperable force include:

• Natural disasters (earthquakes, floods, fires)
• Military actions, acts of terrorism
• Actions of state authorities
• Mass failures of communication networks and internet providers
• DDoS attacks and hacking
• Changes in legislation that make the provision of the services impossible

14.3. When force majeure occurs, the Party must notify the other Party within 3 (three) business days.

14.4. If force majeure lasts more than 30 days, either Party may terminate the agreement, with the remaining balance refunded to the User.

15. Termination procedure

15.1. The User may terminate the agreement at any time by:

• Deleting the account through the Personal Account
• Sending written notice by email to admin@dialoggate.ru

15.2. The Contractor may terminate the agreement unilaterally in the event of:

• Violation of the terms of this Offer by the User
• Use of the Platform to send spam
• An attempt to hack the Platform or disrupt its operation
• Non-payment for the services for 30 days after suspension

15.3. When the agreement is terminated:

• Access to the Platform ends immediately
• The remaining balance is refunded in accordance with clause 7 of this Offer
• The data is deleted in accordance with section 11 of this Offer

16. Pre-trial dispute resolution

16.1. All disputes and disagreements are resolved through negotiations between the Parties.

16.2. If the User has a claim, they send a written claim to admin@dialoggate.ru or to the Contractor’s postal address.

16.3. A claim is considered within 10 (ten) business days from receipt.

16.4. The reply to the claim is sent to the User in writing to the email or postal address stated in the claim.

16.5. If no agreement is reached, the dispute is referred to the court at the Contractor’s location (Krasnoyarsk) in accordance with the legislation of the Russian Federation.

16.6. Consumers (individuals) may apply to the court at their place of residence in accordance with the Law of the Russian Federation “On Protection of Consumer Rights”.

17. Changes to the terms of the Offer

17.1. The Contractor may amend the terms of this Offer at any time.

17.2. A new version of the Offer takes effect 7 (seven) calendar days after it is published on the website dialog-gate.ru, unless a different period is stated upon publication.

17.3. Users are notified of the changes by:

• Publication of the information on the website
• An email notice sent to the address given at registration
• A notice in the Personal Account

17.4. Continued use of the Platform after the changes take effect means that the User agrees to the new version of the Offer.

17.5. If the User does not agree with the new terms, they may terminate the agreement in the manner provided for in section 15 of this Offer.

18. Final provisions

18.1. This Offer is governed by and construed in accordance with the legislation of the Russian Federation, regardless of the User’s location.

18.2. If any provision of the Offer is held invalid by a court, the remaining provisions remain in force.

18.3. By accepting the terms of this Offer, the User confirms that they:

• Have read the terms of the Offer in full
• Understand the meaning and legal consequences of their actions
• Agree to all the terms without exception

18.4. The current version of the Offer is always available at: https://dialog-gate.ru/terms

18.5. In all matters not governed by this Offer, the Parties are guided by the current legislation of the Russian Federation.

Details of the Contractor