Terms of Use

Terms of Use published and entered into force: 01.12.2020

These Smart Sender Terms of Use (hereinafter referred to as the “Terms of Use”) constitute the terms of the relationship between the Smart Sender online platform (hereinafter referred to as the “Platform”) and the Users of the Smart Sender online platform.

References to the words “we”, “our” or “us” (or similar words within the meaning) mean the Smart Sender Platform.

References to the words “you” or “your” (or similar words within the meaning) mean our Client or Subscriber, depending on the context of the Terms of Use.

The Platform provides the User with the services of the Smart Sender Service on the terms set forth in this document.

Use of the Smart Sender Service is governed by the Terms of Use and Privacy Policy.

Registration on the Platform website is considered to be an acceptance of the Terms of Use.

1. Definitions and Terms

1.1. Account - means an account that stores a collection of data about the Client in a computer system.

1.2. Active Subscriber - means a Subscriber who, upon registration, has given his consent to receive notifications on behalf of the Platform.

1.3. Address Book - means a list of contacts and information about the Client's Subscribers, for example: email address, name, birthday.

1.4. Balance - means a part of the Personal Account, which displays the status of mutual settlements between the Platform and the Client, including the amount of payments made and their write-off, the presence of a debt to pay for the Platform's Services. Several Balances may be displayed in the Personal Account.

1.5. Block - means a functional part of the Platform Console, with which you may create a message with text and various multimedia elements or perform the required action.

1.6. Chatbot - means a program that simulates real communication with the User.

1.7. Client - means an individual who registers on the Platform and is a user of Smart Sender Services.

1.8. Content - means design elements, text, graphics, illustrations, videos and other objects, as well as components and their elements.

1.9. Controller - means any natural or legal person, government body, institution or other body that independently determines the purposes and means of processing Personal Information.

1.10. Cookies - means small text files that store information about your previous actions and identifiers on the Platform. For example: the date and time you visited the site, clicks and transitions, your preferences, the language used.

1.11. Documentation - means the common name for the Terms of Use and Privacy Policy.

1.12. Free Tariff - means using the Services of Smart Sender Service on a free basis. Has its own conditions and restrictions.

1.13. Identification data of the Payment card - means the card number, date of issue and expiration date, CVV code or any other necessary data for carrying out mutual settlements between the Client and the Platform.

1.14. Looping the Sales Funnel - means a limit of 10 transitions to the same block for one Subscriber within one hour (60 minutes).

1.15. Messenger - means instant messaging system. For example: Telegram, Viber, VKontakte, Facebook, Skype, WhatsApp. You may familiarize yourself with the privacy policies of Messengers by clicking on the links above.

1.16. Owner of the Smart Sender Platform or Owner - means SMARTSENDER INTERNATIONAL LLC, a legal entity registered in accordance with the laws of Ukraine, location: Ukraine, 02105, Kyiv, Sobornosti Avenue, Building 4, Apartment 76, represented by Oleksandr Serdiuk, director.

1.17. Partner - means an individual or legal entity with whom the Platform carries out joint activities to provide services. For example: owners of Messengers.

1.18. Parties to the Terms of Use - means the common name of the Owner and the User.

1.19. Payment card - means a card of any bank that the Client provides for mutual settlements with the Platform.

1.20. Payment system - means a payment organization, members of a Payment system and a set of relations arising between them when transferring funds.

1.21. Personal Account - means a protected part of the Platform, created during the Client's Registration. The Client's Personal Account displays data about Subscribers, Balance, Projects. With the help of the Personal Account, the Client may carry out various actions. For example: delete your Account.

1.22. Personal Count - means the section of the Personal Account, which displays the Balance of the Client's funds to pay for the Platform Services.

1.23. Personal Information - means any information that directly or indirectly allows you to identify you or your Subscriber. For example: your name, surname, phone number.

1.24. Platform Console - means the section of the Personal Account page, with the help of which the Client manages the functions of his Personal Account.

1.25. Platform Site - means a web page or a group of web pages on the Internet through which the User receives the Services and uses the Services of the Smart Sender Platform, which are hosted on the Internet on the following domains: *.smartsender.com, *.smartsender.eu. At the same time, the Client understands and accepts that the Client is solely responsible for posting links with access to the Platform in the content on his page on the Internet, which contains a link to the Platform subdomain * .customer.smartsender.eu. If a link to the Platform is posted on the Client's web pages, the Platform is not responsible for the content of the Client's web page and any content on such Web page.

1.26. PRO package - means the Tariff for using the Smart Sender Service on a paid basis. There are no restrictions on use.

1.27. Processor - means an individual or legal entity, government body, institution or other body that processes Personal Information on behalf of and on behalf of the Controller.

1.28. Project - means a set of actions on the Platform website aimed at communicating with the Clients and selling the Client's products

1.29. Project Owner - means the Client who created the Project in his Personal Account, who has the right to change the structure, terms of the Project, invite Project Participants to his project, transfer the rights to manage the Project to the Project Participants, as well as from whose Personal Account the Subscription fee is paid.

1.30. Project Participant - means the Client of the Platform, to whom the Project Owner and / or another Participant provides access to the Owner's Project.

1.31. Projects Section - means a part of the Platform website in which the Client creates new Projects or manages the functions of his Projects.

1.32. Registration - means the sequence of actions performed by the User specified in section 5 of the Terms of Use.

1.33. Sales funnel - means a marketing model created by the Client using a visual editor and which describes the interaction between the Subscriber and the Client.

1.34. Service - means the provision of services of the Platform to the Clients.

1.35. Services - means the means and materials developed and provided by Smart Sender to manage and increase the number of your Subscribers and the goods and / or services sold, store information about Subscribers, goods, or any objects; for integration with various types of services. For example: save Personal Information of Clients from Smart Sender to Google Sheets.

1.36. Smart Sender Platform or Platform - means a website to increase sales and customer loyalty, which uses Chatbots and Messengers offline.

1.37. SMS spam - means any unsolicited SMS sent to a mobile subscriber for the purpose of luring valuables or misleading, or any SMS sent by a person to whom you did not provide your mobile phone number.

1.38. Spam mailing - means any unsolicited message sent with the purpose of luring valuables from Users or misleading them, or a message sent to Subscribers without their prior consent to receive them.

1.39. Subscriber - means an individual who registers on the Platform (using a pop-up window or by sending a message to the Chatbot) and with whom the Client contacts, or will contact in the future using Smart Sender services.

1.40. Subscription fee - means payment for the use of the Platform Services by the User.

1.41. Tariff - means the system of rates of charges for using the Smart Sender Service. You can familiarize yourself with the Platform's Tariffs by following the link.

1.42. Terms of Use - means a document that provides terms, rules and basic provisions for using the Platform. For example: Tariffs, customer support functions, integration with other services.

1.43. Third party - means a natural or legal person, public authority, institution or body other than the data subject, Controller, Processor and persons who are authorized by the Controller or Processor under their direct supervision to Process Personal Information.

1.44. Time period - means the time interval of the Client's connection to the Platform Tariff.

1.45. Users - means the common name of Clients and Subscribers of the Platform.

1.46. User's Consent - means a voluntary, specific, informed and unambiguous expression of will, in which the User, by means of a statement or a clear affirmative action, consents to the processing of his Personal Information.

2. Services

2.1. Smart Sender provides the Client with a Service to increase sales and loyalty of Subscribers using Chatbots and Messengers.

2.2 Smart Sender provides the Client with the Service for selling his products or services through Messengers.

2.3. Smart Sender provides the Client with access to the use of the Chatbot.

2.4. The User has access to the following services and activities:

  • Registration of an Account in the selected Service with the possibility of changing the Tariff or deleting the Account if necessary;
  • The right to the provision of technical support;
  • The right to be forgotten, transfer, rectification, deletion of Personal Information;
  • Possibility to receive additional services subject to their additional payment;
  • Connection of Payment systems. For example: Stripe, PayPal;
  • One-click Registration on the Platform;
  • Integration in a few clicks with various services. For example: Zapier, Google Sheets;
  • Using a visual editor;
  • Creation of an online store on the online service of the Smart Sender Platform.

3. Tariffs

3.1. Two types of Tariffs are available to the Client: Free and PRO package.

3.2. The Client is provided with a Tariff based on the number of his Subscribers.

3.3. The platform provides the following number of Subscribers for the Client's Tariffs:

  • 3.3.1. Free Tariff - 0-500;
  • 3.3.2. PRO package - 0-1000.

3.4. Upon activation of the Free Tariff, the Client has the opportunity to create no more than 2 (two) Projects during the validity of the Free Tariff. For example: if the Client, having 2 active Projects on the Free Tariff, deletes 1 (one) or 2 (two) active Projects, it is impossible to add any new Projects on the Free Tariff.

3.5. When connecting the PRO package, the Client pays its cost, regardless of the number of Subscribers. For example: The Client has connected a PRO package, but gained 200 Subscribers. In this case, the Subscription fee is charged in the amount of the cost of the PRO package Tariff. The minimum cost of connecting the PRO package is equivalent to 10 $.

3.6. Terms, restrictions and use of Tariffs are provided on the Platform website. You may familiarize yourself with them at the link.

3.7. PRO package activation is the basis for calculating the Subscription fee, regardless of the User's use of the Platform Services

3.8. The calculation of the cost of the PRO Tariff and the subsequent accrual of the Subscription fee is based on the calculation of the common (total) number of Subscribers in the Client's Projects, regardless of the number of Client's Projects. For example: if the Client has activated 4 active Projects, but he has 1000 Subscribers, then the Client will pay the cost of one Tariff PRO package.

3.9. If the limit on the number of Subscribers of the Free Tariff is exceeded, the Platform has the right to block the Client's Account until the moment he connects the PRO package. For example: If the Client has got 501 Subscribers, then he must connect the PRO package. For example: if the Client has 2 active Projects, in the first the number of Subscribers is 250, in the second - 251 Subscribers, then the Platform will block the Client's Account until he activates the PRO package.

3.10. The Client has the right to connect the Tariff for the following Time periods:

  • 3.10.1. Monthly;
  • 3.10.2. Quarterly;
  • 3.10.3. Yearly.

3.11. The Client has the right to change the Time period of the Tariff without losing the discount from the Platform, in case of switching to a longer Time period. For example: Switch from Monthly period to Quarterly.

3.12. The Client has the right to change the Time period of the Tariff to a shorter one. For example: Switch from Yearly Time period to Monthly.

3.13. To change the Time period of the Client's Tariff for a shorter Time period, the Client must contact the support service through a special section of the Platform at: https://support.smartsender.com.

3.14. In the event of a change in the Time period, in accordance with clause 3.11, the Client loses the discount for a longer Time period, and the remaining funds will be transferred to the Client's Personal Count.

3.15. If the Time period is changed from Quarterly to Yearly, the unused amount of funds for using the Quarterly Time period will be transferred by the Platform to the Client's Personal Count and used to pay for the Yearly Time period.

3.16. PRO package has a limited number of Subscribers - 1000 (one thousand).

3.17. In case of exceeding the limit number of Subscribers, the Subscription fee is charged for the corresponding number of PRO packages. For example: If the Client has 1001 (one thousand and one) Subscribers, then the Subscription fee is charged in the amount of the cost of 2 (two) PRO package Tariffs.

3.18. In the absence of funds to activate the additional PRO package, in accordance with the terms of clause 3.14., The Owner has the right to block the Client's Account until he activates the additional PRO package.

3.19. The Client transfers to the Platform the identification data of his Payment system, which are necessary for mutual settlements between the Client and the Subscriber.

3.20. The Client transfers to the Platform the identification data of his Payment Card.

3.21. The Client does not have the right to remove the Payment Card if there is an arrears in the Subscription fee. If the debt does not exceed the amount of 1 (one) US dollar - the Client has the right to delete the data on his Payment card, in accordance with clause 9.2. Of the Terms of Use.

3.22. When Looping the Funnel, all blocks, except for the start step, are deleted and the Client's Account is blocked.

3.23. At the first Loop of the Sales Funnel, the Platform blocks the Client's Account for one day, at the second - for one week, and for the third time - blocking the Account without the possibility of recovery.

4. User's Consent

4.1. The User consent that he has reached the age of sixteen and does not use the Platform Services and / or Chatbots for illegal purposes.

4.2. The Client consents that he agrees to the regular debiting by the Platform of funds from his Payment Card, in accordance with the terms of the selected Tariff, Time Period and the number of Subscribers, without his participation and additional notifications from the Platform.

5. Registration / Login

5.1. The Client registers on the Platform's website using the registration form or services Google, Facebook, Twitter.

5.2. The Subscriber registers on the Platform's website using a pop-up window or a written message to the Chatbot.

5.3. An individual registers as a Subscriber of the Platform by sending a message to the Platform's Chatbot using the Messenger. Depending on the type of Messenger, the commands for registering as a Subscriber of the Platform may differ. For example: to start interacting with the Platform using the Telegram Messenger, press the START button in the dialog box. In order to start interacting with the Platform using the Facebook Messenger, you need to click the button with the name “START” in the language that the Subscriber has installed on his device. Subscriber Registration methods may change over time due to innovations in the functionality of such Messengers.

5.4. During Registration, the Client fills in the required fields with personal data and specifies a password that will subsequently be used to access the Account. The Client is prohibited from transferring his username and password to third parties, besides, he is fully responsible for the safety of his personal username and password.

5.5. Personal Information is subject to the Terms of Use and Privacy Policy of the Smart Sender Platform and may be used by the Platform staff to contact the User.

5.6. The Clients who indicated invalid contact details will be deprived of the right to use the Services of the Platform.

5.7. Registration of multiple Accounts with Free Tariff is prohibited.

5.8. The Client is authorized on the Platform's website using a username and password, or using the services of Google, Facebook, Twitter.

5.9. The Subscriber is authorized on the Platform website using the Chatbot.

6. Access Recovery

6.1. The Client has the right to restore access to his Account by writing a request to the support service e-mail: support@smartsender.com.

6.2. In the request for restoration, the Client must prove the rights to the restored Account. For example: Provide a scanned copy of his passport.

6.3. The Client has the right to disable two-factor authorization of his Account.

6.4. The Platform disables two-factor authorization of his Account, according to the Client's request.

7. Service Fee

7.1. After completing the Registration procedure, each Client of the Smart Sender Service receives a Free Tariff for use.

7.2. The Platform provides the Tariffs for using the Platform Services. The Client has the right and the opportunity to change the Tariff at any time to a more convenient one. All operations to change the Tariff are made by the Client in his Personal Account, unless otherwise provided in the Terms of Use.

7.3. To activate the Tariff Pro package, the Client must go through the verification procedure of his Payment card. When verification is passed from the Client's Payment card, funds are automatically debited in an amount equivalent to 1 $, with subsequent refund to the Client's Personal Count.

7.4. For the Client to activate the Monthly Time period of the PRO package, the Client pays the cost of the Tariff himself. To activate the PRO package Tariff on the Monthly Time period, the Platform deducts the cost of the Tariff from the Client's Personal Account with subsequent crediting to the Client's Personal Count against payment of the PRO package's Monthly Time period.

7.5. Prolongation of payment of the PRO package Tariff is carried out automatically, in the form of collection of the Subscription fee from his Personal Account.

7.6. Writing off the Subscription fee for extending the validity period of the PRO package Tariff, activating additional PRO package Tariffs and other cases is made from the Client's Personal Account. In the event that the funds on the Client's Personal Account are not enough (or in the absence of funds) to make a payment, the difference required for making the payment is debited from the Client's Payment card

7.7. The Subscription fee upon activation of the PRO package Tariff for the Quarterly and Yearly Time period is charged from the Client's Personal Account.

7.8. Funds are credited to the Client's Personal Account only when the PRO package is activated in the Monthly Time period.

7.9. The Subscription fee is charged in the manner prescribed by section 3 of these Terms of Use.

7.10. The Subscription fee is charged regardless of the Client's use of the Platform Services. For example: The Subscription fee will be charged until the Client deactivates the PRO package.

7.11. The Subscription fee is charged in the form of prepayment upon activation of the Monthly Time period of the PRO package. Further payment for using the Monthly Time period of the PRO package is made in the form of post-payment for each month of using such a Monthly Time period of the PRO package.

7.12. When activating the Quarterly or Yearly Time Period Tariff PRO package, the Subscription fee is charged in the form of prepayment. For example: the Client has activated the Quarterly Tariff on 05.05.2020, then the Subscription fee is charged automatically from the Client's Personal Account at the moment of activating the PRO package Tariff.

7.13. Upon activation of the PRO Monthly Tariff, the Platform charges a reserve in the amount of the cost of its payment from the Client's Personal Account. For example: When activating the PRO package Monthly Tariff, a fee of 10.00 (ten) US dollars is charged from the Client's Personal Account with subsequent crediting to the Client's Personal Count.

7.14. When the Client pays for the Platform Services again, the balance of funds is transferred to the Client's Personal Account. For example: If the Client has inadvertently confirmed the activation of the Quarterly Time period twice, the Subscription fee is charged again from the Client's Personal Account. As a result, the Platform transfers the amount of the re-paid Subscription fee to the Client's Personal Count.

7.15. The Subscription fee is charged in proportion to the number of the Client's Subscribers.

7.16. The Subscription fee is charged until the PRO package becomes deactivated by the User.

7.17. The Subscription fee is charged automatically from the Personal Account of the Client on a monthly basis, on the first day of the next month of using the Platform Service when the Client uses the Monthly Time period of the PRO package.

7.18. The Subscription fee is charged automatically from the Client's Personal Account on the next day at 01:00 (GMT +2) in case of exceeding the limit number of Subscribers for staying on the Quarterly or Yearly Time period of the PRO package Tariff.

7.19. When switching to a different type of Time period: for example, from Monthly to Quarterly Time period, from Monthly to Yearly Time period, from Quarterly to Yearly Time period, the Subscription fee is charged immediately when switching to another type of Time period.

7.20. The Client has the right to switch to a Time period with a shorter duration only with the permission of the Platform Owner. For example: to change the Time period from Quarterly to Monthly, from Yearly to Quarterly or from Yearly to Monthly, the Client must obtain permission from the Platform Owner. The Client may obtain permission for such a transition by sending a request to the Platform's support service through the ticket system at https://support.smartsender.com. At the same time, the Client agrees that he may be denied the transition to a Time Period with a shorter duration.

7.21. The Platform, if it is impossible to collect the Subscription fee, suspends the work of the Projects and the possibility of communication with the Subscribers of the Client. The Client retains access to Billing and his Account, and the Subscription fee continues to be charged in accordance with the selected Tariff and the number of Subscribers.

7.22. The Platform, in case of repeated unsuccessful collection of the Subscription fee, blocks the possibility of making changes to previously created and new Projects. The Client retains the right to use the Services of the Platform, and the Subscription fee continues to be charged in accordance with the selected Tariff and the number of Subscribers.

7.23. The Subscription fee continues to be charged until the Client refuses the Platform Services.

7.24. The Subscriber, by clicking the pay / buy button in the Chatbot, goes to the Client's Payment system.

7.25. If an error occurs during the automatic debiting of the Subscription fee from the Personal Account of the Client 2 (two) times in a row, as a result of which the automatic debiting of the Subscription fee is not carried out, we reserve the right to block the Client's Account. The Subscription fee continues to be charged and the Client has the right to use other Services of the Platform.

7.26. Balance and Personal Account status is displayed in currency equivalent. For example: the state of the Balance or Personal Account is 1 $.

7.27. The Client understands and accepts that the Platform does not provide services for replenishing the Client's personal Payment card using funds previously transferred to the Personal Account by the Client himself.

7.28. The Subscription fee is charged from the Project Owner, in accordance with the terms of the selected Tariff.

7.29. The Owner of the Project does not have the right to transfer his debt for payment for the Platform Services to another Client.

7.30. The Client has the right to activate the PRO package Tariff exclusively for his Projects.

7.31. The Subscription fee paid by the Client of the Platform cannot be transferred towards payment for the Services of other Clients of the Platform.

8. Renewal of Tariffs

8.1. The validity period of the Quarterly and Yearly Time Period Tariffs PRO package is calculated according to the connection date. For example: If the Client has activated the Quarterly or Yearly Tariff PRO package on 04.04.2020, then it will be valid until 04.07.2020.

8.2. The validity period of the PRO package Monthly Tariff is calculated regardless of the connection date. For example: If the Client has activated the Monthly Tariff PRO package on 09.11.2020, then it is valid until 09.12.2020.

8.3. The renewal of the Tariff is carried out by the Platform on the day of the expiry of the Tariff at 01:00 (GMT +2). For example: If the Client has activated the Quarterly Tariff PRO package on 04.04.2020, the Quarterly Time Period Tariff PRO package will be renewed on 05.07.2020 at 01:00 (GMT +2).

8.4. If the limit on the number of Subscribers is exceeded, the second PRO package Tariff is connected on the day the number of Subscribers is exceeded on the next day 01:00 (GMT +2). For example: the Client activated the Quarterly Time period PRO Tariff package on 04.04.2020, and on 06.05.2020 the Client connected a total of 1001 Subscribers. In this case, at 01:00 the Platform connects the second PRO Tariff (for 1000-2000 Subscribers) package automatically.

9. Deactivation

9.1. The Client deletes his Account solely on his own, using the appropriate section of the Personal Account.

9.2. The Client deletes the data of the Payment card from the Platform website solely independently, using the appropriate section of the Personal Account.

9.3. The Client has the right to delete the data of the Payment card from the Platform website in the absence of the Client's debt. If the Client's debt does not exceed the amount of 1 USD, then he has the right to delete the data of the Payment card.

9.4. To delete the data of the Payment card, the Client is obliged to deactivate the PRO package and switch to the Free Tariff.

9.5. The Client deactivates the PRO package exclusively independently, using the appropriate section of the Personal Account.

9.6. When deactivating the PRO package and activating the Free Tariff, all Projects and Subscribers of the Client will be deleted by the Platform.

10. Client Account

10.1. After completing the registration procedure, an Account is automatically created for the User.

10.2. Sending emails, viewing statistics, changing the Tariff, checking address lists, creating message templates - all these actions are performed by the Client in the Personal Account. Also, the Client loads the addresses and phones of the Subscribers into the Account, creating Address Books. All uploaded email addresses and phone numbers are Personal Information, the processing of which is regulated by the Privacy Policy of the Smart Sender Service.

10.3. The Client has the right to delete his Account at any time using the appropriate section of his Personal Account.

11. Platform Owner Rights

11.1. Timely receive the Subscription fee from the Client.

11.2. Receive reliable Personal Information from the User.

11.3. Transfer Personal Information to third parties in accordance with the terms of the Terms of Use and Privacy Policy.

11.4. Use Cookies when providing our Services.

11.5 Process, store and transfer the User's Personal Information in accordance with the Terms of Use and the Privacy Policy.

11.6. Interact with other Services, Messengers.

11.7. Grant the right of limited access to the Personal Information of Users to its employees, Controller, Processor and support staff in accordance with the Privacy Policy.

11.8. Disclose Personal Information to third parties, partners, courts, law enforcement and government agencies, CMS systems, CRM, in cases provided for by the Privacy Policy.

11.9. Block the Client's Account in case of non-receipt of the Subscription fee.

11.10. Block the Client's Account for violations of the Terms of Use of the Platform Service. For example, for performing actions aimed at looping funnels, which causes an increased load on the server or violation of the rules of Messengers.

11.11. Unilaterally refuse to interact with the User.

11.12. Make changes to the interface and functionality of Smart Sender, as well as to the Tariffs of the Smart Sender Platform.

11.13. To unilaterally amend the Terms of Use and Privacy Policy.

11.14. Provide the User with access to the Service after registering in accordance with the Terms of Use.

11.15. Provide the User with free access to the Platform Service.

11.16 Provide permanent access to the Service with the username and password chosen by the Client.

11.17. If you exceed the limit on the number of Free Tariff Subscribers:

  • 11.17.1. Block the Client's Account if there is not enough money to pay the Subscription fee to activate the PRO package.

11.18. If the Subscription fee is not charged from the Client's Payment card within one month, the Owner has the right to take the following actions:

  • 11.18.1. deactivate the Client's PRO package;
  • 11.18.2. delete the information data of the Client's Payment card;
  • 11.18.3. delete the User Account.

11.19. The provisions of the paragraph above do not apply in cases where the opposite is directly stated in the text of the Terms of Use.

12. User Rights

12.1. If there is no debt on the Subscription fee, delete information about your Payment card using the appropriate section in his Personal Account.

12.2. Deactivate the PRO package using the appropriate section in his Personal Account.

12.3. Switch from a paid PRO package to a Free Tariff. When switching to the Free Tariff, the Platform has the right to deactivate all Projects that were previously created by the Client.

12.4. The User has the right to use the Services of the Platform.

12.5. The Subscriber has the right to unsubscribe from interaction with the Platform Service by writing a stop command in the Messenger. For more information on the procedure for terminating interaction with the Service, the Platform may be found in the Privacy Policy.

12.6. The Owner of the Project has the right to grant access to his Project to other Clients - Project Participants. In this case, all rights to the Project remain with the Project Owner.

12.7. The Project Participant, in case of obtaining full access from the Project Owner in the "Access Control" section, may transfer his rights to manage the Project to an unlimited number of Clients.

12.8. The Project Participant, in case of obtaining full access to the “Access Control” section of the Project from the Project Owner may transfer the rights to manage the corresponding section to an unlimited number of the Client.

12.9. Upon activation of the Free Tariff, the Client has the right to indicate the details of his Payment card.

13. Obligations of the Owner of the Smart Sender Platform

13.1. Provide the Client with access to the Platform Service to attract new Subscribers.

13.2. Provide the User with a choice of the Tariff in accordance with clause 3.1 of these Terms of Use.

13.3. Notify the User about changes in the Tariffs.

13.4. Obtain the consent of the Client to change the Tariff if the limit on the number of Subscribers is exceeded.

13.5. Do not transfer the internal IDs of Messenger Users to any third Parties.

13.6. The Owner never transfers the Messenger ID to third Parties.

14. User's Obligations

14.1. Ensure the confidentiality of his own username and password for accessing the Service Account, do not allow third parties to use your Account.

14.2. Provide the Platform with reliable Personal Information.

14.3. Be responsible for the accuracy of Personal Information that he uploads to his Personal Account.

14.4. Do not use the Platform to send spam.

14.5. Do not use purchased or illegally collected Subscribers' Personal Information.

14.6. The Client is obliged to provide Subscribers with the opportunity to unsubscribe from mailings at any time.

14.7. The Client is obliged to inform Subscribers about the methods of viewing, editing and deleting their Personal Information prior to Subscriber Activation.

14.8. Refrain from rude and obscene language when communicating with the employees of the Platform.

14.9. Provide the Owner with the identification data of the Payment card in the following way:

  • 14.9.1. by filling out the appropriate section in your Personal Account.

14.10. During the activation of the PRO package Tariff, the Client is obliged to indicate the details of his Payment card.

15. The Client Is Prohibited

15.1. Upload to your Account purchased or illegally collected Personal Information of Subscribers (including with the help of special software for searching contacts).

15.2. Store, process and distribute using the Platform information that contradicts the Platform's anti-spam policy or violates the laws of the country of the recipient of the mailing.

15.3. Transfer access data to your Account to third Parties, as well as register on behalf of another individual without his knowledge or consent.

15.4. Invite Subscribers to the Platform website without their knowledge and / or consent. For example: The Client does not have the right to indicate the e-mail of individuals in his Project without the prior consent of the owners of such e-mail addresses.

15.5. Receive Personal Information in illegal, fraudulent ways about other Clients.

15.6. Send a message to Subscribers who have not given their consent to receive such messages.

15.7. Send any information that violates human rights and freedoms.

16. Intellectual Property Statement

16.1. All exclusive intellectual property rights to the Smart Sender Platform software, including design elements, text, graphics, illustrations and other objects, as well as components and their elements, belong exclusively to the Owner.

16.2. The Client acknowledges and agrees that the Owner owns all intellectual property rights in relation to the Services, software and Platform Documentation.

16.3. The Owner grants the Client a non-exclusive right to use the Platform Services.

16.4. The User is responsible for the legality, reliability, integrity, accuracy and quality of Personal Information and Content that he provides to the Platform.

16.5. The Client grants the Platform a non-exclusive right to use, copy, process and transfer his Personal Information and its Content, during the period of using the Services and Services of the Platform.

16.6. The Client guarantees that the Content provided by him does not violate the intellectual property right of a Third party.

16.7. If the Content provided by the Client violates the intellectual property rights of a Third party, the Owner reserves the right to stop providing Services to the Client, block his Account and abandon the relationship between them.

17. Refund Policy

17.1. THE CLIENT IS FULLY AWARE OF AND AGREES WITH THE REFUND POLICY AND WAIVES PRETENSES AND (OR) CLAIMS RELATED TO THE NON-PAYMENT OF A SUBSCRIPTION FEE FOR THE USE OF THE SMART SENDER PLATFORM SERVICE, AND THE MONEY INDEPENDENTLY PAID BY THE CLIENT AND (OR) FOR USING PRO PACKAGE TARIFFS IS AUTOMATICALLY WRITTEN OFF FROM THE CLIENT’S PERSONAL COUNT AND (OR) PAYMENT CARD IS NOT SUBJECT TO A RETURN CREDIT ON THE CLIENT’S PAYMENT CARD.

17.2. The Owner of the Smart Sender Platform does not return the paid Subscription fee to the Client for using the Platform Service.

17.3. Upon Deactivation of the PRO package Tariff (subject to prepayment of the Time period and no debt) and (or) if the prepaid subscription is canceled, the difference proportional to the cost of the unused Time period of the Tariff is not transferred to the Client’s Payment Card, but credited to the Client's Personal Count.

17.4. In case of automatic deactivation of one of the active PRO package Tariffs of the Client's Quarterly or Yearly Time period (for example, when the number of Subscribers decreases), a refund is made to the Client's Personal Count in an amount proportional to the cost of the unused Time period of the deactivated PRO package. The Platform checks the number of Subscribers automatically at 01:00 GMT +2 daily.

17.5. When activating the (automatic) additional PRO package Tariff of the Client's Quarterly or Yearly Time period (for example, when the number of Subscribers increases) - the cost of such an additional PRO package Tariff is charged from the Client's Personal Account, in the absence of funds on the Personal Account - from the Client's Payment card.

17.6. The Client has the right to cancel the automatic debiting of the Subscription fee. To cancel the automatic debiting of the Subscription fee, the Client must: deactivate the PRO package Tariff, repay the debt to the Platform, delete the Payment card data.

18. Third Party Services

18.1. All traffic and all Personal Information is encrypted and transmitted using the Cloudflare service.

18.2. You may familiarize yourself with the Cloudflare service by clicking on the link.

19. Notice of updates to the Terms of Service and Privacy Policy

19.1. The Smart Sender Platform notifies Users of the update of the Terms of Use and Privacy Policy via e-mail and messages or a pop-up window that is posted on the main page of the Platform website.

20. Communication between User and Smart Sender

20.1. Communication between the Smart Sender Platform and the User is carried out using:

21. Antispam Policy

21.1. Sending any spam messages through the Platform's service is strictly prohibited.

21.2. The Address Book is considered lawfully created if the Subscriber has agreed to receive a message from you.

21.3. An improperly collected Address Book is considered:

  • list of email addresses / phone numbers purchased from a Third party;
  • a list of email addresses / phone numbers, which was taken from directories, catalogs and similar sources;
  • a list of email addresses / phone numbers collected by programs to collect this information on the Internet;
  • list of email addresses / phone numbers, which was collected when copying information from business cards, paper questionnaires;
  • a list of email addresses / phone numbers that the manager receives during a telephone conversation with clients;
  • a list of email addresses, which mainly contain role and / or technical addresses (for example info @ and the like).

21.4. When sending messages through Messengers, the User should be guided by the following principles:

  • the subject and text of the message must not contain false, incorrect or misleading information;
  • messages should not be sent to recipients without their prior consent;
  • the displayed text should clearly articulate and represent the proposed service;
  • advertising campaigns should give a clear idea of who is providing the service and contain a clear cost of the advertised service.

21.5. The User is prohibited from using the Platform Service to send spam or any other content of an offensive or illegal nature. We do not ship:

  • messages of a sexual nature;
  • messages that incite ethnic hatred;
  • advertising messages to recipients who have not given their permission to receive them.

21.6. Certain industries are generating more spam and offensive content complaints than usual. We do not recommend sending messages using Messengers that offer the services or products listed below:

  • escort and dating services;
  • distribution of malware and viruses;
  • the sale of pharmaceutical products, including prescription drugs and counterfeit drugs;
  • working from home, making money online, as well as various ways to attract potential clients such as "get rich quick", "build your wealth", "financial independence" and the like;
  • online trading, day trading tips, stock market related content, including but not limited to message boards;
  • financial pyramids or network marketing (MLM companies);
  • affiliate marketing;
  • debt collectors, proposals for loan restructuring and debt relief;
  • mortgages and loans;
  • food, herbal and vitamin supplements;
  • adult products or links to them;
  • list of brokers or rental services;
  • illegal goods, pirated software or media;
  • betting / gambling services, including poker, casino and sporting events;
  • political parties and organizations;
  • tobacco products;
  • alcoholic beverages;
  • religious content.

21.7. Upon receipt of complaints, sending spam will be interrupted, we have the right to suspend the provision of services until the circumstances of the violation are clarified.

21.8. The User has the right to file a complaint about the violation of his rights by writing to the support service e-mail: legal@smartsender.com.

21.9. The User's complaint must indicate:

  • 21.9.1. User identification information;
  • 21.9.2. a description of the violated rights of the User;
  • 21.9.3. temporary period of violation of the User's rights.

21.10. The complaint must be written in electronic and written form, and not contain profanity.

21.11. The Owner provides an answer to the User's complaint within 30 (thirty) working days from the date of receipt of such a complaint.

21.12. The owner has the right not to provide an answer to the User's complaint if it is made in violation of clauses 20.9. and 20.10.

22. Disclaimers

22.1. The Owner is not responsible for the actions of the User that were committed by him as a result of a misunderstanding or misunderstanding of the Terms of Use and the Privacy Policy.

22.2. We are not liable for any consequential, actual or consequential damages, even if we have been advised of the possibility of such damages or they have arisen due to negligence.

22.3. The material liability of the Owner for any claims related to the use of the Platform cannot exceed the total amount of the monthly payment for the use of the Platform.

22.4. To the extent permitted by law, we provide the content and service “as is”. This means that we do not provide any guarantees, including but not limited to guarantees of the commercial qualities and suitability of the Platform Service for specific purposes.

22.5. We do not guarantee the Subscribers the accuracy of the information they receive from the Clients.

22.6. The User is responsible for the legality and accuracy of any information sent by the User through the Platform Service.

22.7. We use Cookies to improve the quality of our Service. If you continue to use the Platform, we have the right to assume that you agree to the use of Cookies.

22.8. The Platform notifies the User that his Personal Information may be used by us for the purpose of providing Services, and, in case of disagreement, the User must leave the Platform website.

22.9. The Owner is not responsible for the consequences of blocking the Client's Account if the Client does not have funds to activate the additional PRO package by the Client, in accordance with clause 3.15. of these Terms of Use.

22.10. We have the right to collect Users' Personal Information in order to obtain marketing and statistical information.

22.11. We are not liable to Third Parties for the Content posted by the User on the Platform website, the User's web pages, on the subdomain pages of any level of the Platform. For example: If the Client posts photos on the pages of the subdomain, the publication of which violates the copyright of a Third Party, the Platform Owner is not liable to such Third Party.

22.12. The Owner of the Platform is not responsible for infringement of the copyrights of Third Parties, if the Client posts Content that violates such copyrights.

22.13. We are not responsible for the content in the Content posted by the Client on the pages of the subdomain of any level of the Platform, profanity, spam messages, inaccurate data, advertising.

23. Applicable Right

23.1. The relationship between the Platform and the User is governed by the laws of Ukraine, the European Union and international law.

23.2. All disputes arising out of these Terms of Use or arising in connection with the relationship of the Parties will be considered in the courts of Ukraine, the European Union and governed by the norms of international law.

24. Duration of the Terms of Use and Terms of Cancellation

24.1. These Terms of Use are valid until the termination of the relationship of one of the Parties.

24.2. The Owner has the right to refuse the relationship with the User unilaterally and block his Account, in case the User does not comply with the terms of the Terms of Use:

  • 24.2.1. Violation of the Anti-Spam Policy, in accordance with section 21 of these Terms of Use;
  • 24.2.2. Failure by the User to fulfill his obligations under section 14 of these Terms of Use;
  • 24.2.3. Violation by the User of the terms of section 15 of these Terms of Use;
  • 24.2.4. Violation and / or non-compliance with the terms of the Terms of Use and / or the Privacy Policy.

24.3. The User has the right to refuse the Platform Services unilaterally.

24.4. In case of refusal from the relationship of one of the Parties, the Owner has the right not to return the previously paid funds by the Client.

24.5. In case of refusal by the Client from the Services of the Platform, funds are charged from his Payment card to pay off his debt.

24.6. If the Client's Account is deleted on his initiative, the Owner has the right not to return the previously paid funds by the Client and is not responsible for the preservation, deletion and transfer of the Client's Personal Information.

24.7. In case of deletion of the Client's Account on the initiative of the Owner, the Owner has the right not to return the previously paid funds by the Client and is not responsible for the preservation, deletion and transfer of the Client's Personal Information.

25. Contacts

25.1. If you would like to ask questions, provide feedback, update Personal Information that is stored on the Smart Sender Platform, or you are concerned about privacy issues, please contact support at: support@smartsender.com.

25.2. You may also contact us at the following postal address: Ukraine, 02105, Kyiv, Sobornosti Avenue, Building 4, Apartment 76.

Questions?