Terms and Conditions

We provide services based on our proprietary analytical platform for monitoring, comprehensive analysis, and statistics of Telegram channels and chats, aimed at managing your professional content and creating strategies for promoting your Telegram channels and chats, as well as your other services.

Even though we may interact with you through the User, we assume that the User is authorized by you and represents the interests of your organization or you as an individual entrepreneur, and that you use the results of the services in your professional business activities.

Please read these Terms and Conditions carefully before using the services, as your access to the services is conditioned upon your acceptance of and compliance with these Terms and Conditions. By accessing or using the services you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you do not have permission to access the services.

1. 1. Definitions

   Provider	a Service provider, SEINE L.L.C-FZ, License Number 2417602.01, Formation Number 2417602, address Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E. The words “we”, “our” and their derivatives in these Terms and Conditions refer to the Provider.
   Client	a corporation, limited liability company, individual entrepreneur or other entity of any kind or nature, in whose favor the Services are provided. The words “you”, “your” and their derivatives in these Terms and Conditions refer to the Client.
   User	an individual authorized by the Client and registered on the Website.
   Platform	web-based software (analytical platform), that performs monitoring, comprehensive analysis and collection of statistics on Telegram channels and chats. The Client accesses the Platform through the Account.
   Website	this website.
   Service(s)	actions of the Provider aimed at collecting, analyzing, and providing the Client with information about Telegram channels and chats through the Platform, which result in the Analytical Summary. The specific types of Services are defined by the Package and (or) the Free Usage Package as applicable.
   Analytical Summary	the result of the provision of Services, as an analytical compilation of information in any format, generated upon the Client's request by the Platform. The content of the Analytical Summary is determined by the Package and (or) the Free Usage Package as applicable.
   Content	any publications in Telegram channels and chats, including textual, visual, audio, audiovisual works, and any other materials posted by the Client or third parties in the Telegram, used in the generation of the Analytical Summary.
   Telegram	a cloud-based mobile and desktop messaging application Telegram
   Telegram bot	a Telegram bot, an automated assistant of the Provider that interacts with the Client through the Telegram interface for the purposes specified in these Terms and Conditions.
   IP Rights (Intellectual Property)	all rights in and in relation to, all intellectual property (whether or not filed, perfected, registered or recorded): the Website, including the design of the Website, the Website domain name and world wide web (www) URLs and sub-domains, the Platform, including the source code, functionality, databases, as well as the Provider's trademarks, product names, trade names and logos.
   Account	a personalized space for the Client on the Website where the Client independently or through the User (as applicable) accesses the Services, the Analytical Summary and other features of the Platform and Website, and Package management.
   Package	information about the cost of Services, the scope of Services, and the Period. A detailed description of each Package is provided on the Website, including in the Account. The Package supplements the Terms and Conditions.
   Period	period of provision of services as specified in the Package.
   Free Usage Package	a set of Services available to the Client at no charge. A detailed description and availability of the Free Usage Package are provided on the Website, including in the Account.
   Terms and Conditions	These Terms and Conditions.

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2. 2. The Subject

   1. The Provider provides Services to the Client according to the Package or Free Usage Package (as applicable) selected by the Client.
   2. Services are provided to the Client:
      1. according to the selected Package — after full payment for the Package, unless otherwise specified in the Terms and Conditions or written agreements between the parties.
      2. according to the Free Usage Package — from the moment of registration on the Website.
   3. The result of Services is the Analytical Summary. During the Period, the Client may request Analytical Summaries within limits and under other conditions specified in the Package or the Free Usage Package (as applicable).
   4. The Provider renders Services solely to assist the Client in managing its professional content and creating a strategy for promoting its Telegram channels and chats, as well as other services. We assume that you do not use the Services for personal, non-commercial purposes.
   5. The Free Usage Package is provided to the Client for as long as these Terms and Conditions is valid. We may withdraw or modify the Free Usage Package, including its period and the set of Services included in it, at any time, at our sole discretion.
   6. We may offer the Client a free trial period of the Services for one of the Packages (Demo mode). The specific set of Services included in the Demo mode and its duration are specified on the Website. Demo mode begins on the date you accept this offer, and, regardless of whether you use this offer, expires on the date of the Demo mode.

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3. 3. Fees and Payment Procedure

   1. When the Demo mode ends, the Client either selects and pays for a Package or uses the Free Usage Package (if available).
   2. The Client pays for the Services using the method specified on the Website.
   3. Services are made available on a paid subscription basis, unless otherwise stipulated in these Terms and Conditions or in the Package.
   4. You agree to pay the fee applicable to your Package. You agree that your payment method will automatically be charged for the Period as specified therein.
   5. A valid payment information is required to process the payment for the Services. You must select a payment method (if selection is available) and provide us with accurate and complete payment information as requested by us on the Website. By submitting such payment information, you automatically authorize us to charge all fees incurred through your Account to any such payment instruments.
   6. Once we receive the full payment, the Services are considered paid. You will receive a confirmation as such in your Account and (or) through the Telegram bot.
   7. At our sole discretion, in each specific situation, we may begin providing the Services before receiving full payment we have a confirmation of payment processing from the banking institution or payment instrument used to pay for the Services.
   8. Should automatic payment fail to occur when it is due for any reason, we may attempt to charge your payment method one or more times. Should payment continue to fail, the Package subscription will be, at our sole discretion, canceled or downgraded to the Free Usage Package.
   9. We use third-party payment processor services, including Telegram payment instruments, and as such, we cannot be responsible for any technical failures or manage the payment process. If you experience any delays or issues with your payment, you should contact the technical support of the respective payment instrument. We assume that you have reviewed all the terms and conditions relating to any payment services before making a payment.
   10. Payment can be made by the User. In such cases, we assume that the payment is made on behalf of the Client.
   11. All payment issues related to billing the Client as an entity or individual entrepreneur are resolved on a case-by-case basis upon the Client's written request.
   12. If the bank or payment instrument used to pay for the Services withholds or imposes fees or charges, including currency conversion fees, taxes, they are not included in the payment and must be paid by the Client separately. Compensation from the Provider is not provided unless otherwise agreed upon by the parties in writing.
   13. Fees for Services are stated exclusive of any taxes and charges, including currency conversion fees, processing and service fees, imposed by the bank or payment instrument used to pay for the Services or any authority. Such fees must be paid by the Client separately. Compensation from the Provider is not provided unless otherwise agreed upon by the parties in writing.
   14. Payment obligations are non-cancelable, and fees paid are non-refundable. This means that once payment is made, you cannot cancel the Package subscription with requesting a refund. If you wish to select a different Package, you must pay for the newly selected Package. Meanwhile, the Client will continue to use the previously selected Package for the duration of the paid Period.

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4. 4. Registration and Authorization

   1. To accept the Terms and Conditions, the Client shall create the Account by completing the registration process on the Website. The registration process includes:
      1. Navigating from the Website to the Telegram bot by clicking the "Login to my Account" button or a similar
      2. Following the instructions on Telegram for registration
      3. Returning to the Website
   2. To use the Services, the Client shall log in to the Account by completing the authorization process on the Website. The authorization process includes:
      1. Navigating from the Website to the Telegram bot by clicking the "Login to my Account" button or a similar
      2. Following the instructions on Telegram for registration
      3. Returning to the Website
   3. Only a registered Client or a User authorized by the Client can log in to the Account.
   4. Only a Client or a User authorized by the Client with a Telegram account can register and log in to the Account.
   5. The Client guarantees that he / she is familiar with the terms of services of Telegram and other relevant documents of Telegram. The Provider is not responsible for any actions of the User related to the User's violation of the terms of services of Telegram or any other relevant documents of Telegram.
   6. The Provider is not responsible for the inability to register and/or authorize in cases beyond the Provider's control, including disruptions in the operation of Telegram.

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5. 5. License and IP Rights

   1. The Provider is the owner of all Intellectual Property and retains full ownership of all Intellectual Property in their entirety notwithstanding anything else stated in these Terms and Conditions or on the Website.
   2. The Provider hereby grants to the Client a non-exclusive, non-sublicensable, revocable, terminable, world-wide (subject to Sanction clause) royalty-free license to use the Provider's Intellectual Property commencing on, and including, the Effective date.
   3. The license is valid for the duration of the Terms and Conditions, subject to the limits and conditions set by the Package, Free Usage Package terms, as applicable.
   4. Under the license is allowed:
      1. to use the functionality of the Platform specified in the Package, Free Usage Package and Demo mode terms, as applicable;
      2. to reproduce the graphical components of the IP Rights on the screen of the Client's personal computer, smartphone, or other device;
      3. to download and store Analytical Summary
   5. Intellectual Property, including the Platform and the Website, are provided to the Client "as is":
      1. without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement;
      2. under no circumstances shall the Provider be liable to the Client for any indirect, incidental, special, punitive, or consequential damages arising from the use or inability to use the Provider's Intellectual Property, including the inability to use the Analytical Summary in the Client's business for any reason;
      3. The Provider reserves the right to modify or discontinue technical support and/or updates to the Platform or Website at any time without prior notice to the Client.
   6. The Client does not pay any additional licensing fees.
   7. Except as provided under these Terms and Conditions, the Client shall not:
      1. transfer the license or access to the Account to third parties;
      2. modify, reverse engineer, decompile, disassemble, or create derivative works based on the Intellectual Property;
      3. otherwise copy, reproduce, adapt, distribute, publish, download, transmit, sell, or use Intellectual Property in whole or in part without the prior written consent of the Provider;
      4. use the Intellectual Property in any manner not intended for the purposes of the Services.
   8. Any violation of the terms of use of the license or any actions regarding the Intellectual Property not specified in these Terms and Conditions infringe upon the Provider's rights. As a result, the Provider is entitled to:
      1. terminate these Terms and Conditions with the infringing Client, and the Terms and Conditions will be considered terminated from the moment the Services are actually suspended;
      2. demand payment of a penalty in the amount of $100,000.00 (or the equivalent in any currency, at the Provider's discretion) for each infringement, and the Client must pay the specified penalty no later than 30 calendar days from the date of receiving such a demand from the Provider;
      3. demand the cessation of such violations, and the Client must immediately stop any such violation.
   9. Clauses 5.7, 5.8 shall survive termination of these Terms and Conditions.
   10. Upon expiration or termination of the Terms and Conditions for any reason, the license shall automatically be revoked.
   11. The Provider does not hold exclusive rights to the Content and is not responsible for any information contained herein.

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6. 6. Term and Termination

   1. Terms and Conditions.
      The Client accepts the Terms and Conditions at the moment the Client is registered (the Effective Date).
   2. The Terms and Conditions remain in effect for the Client as long as the Client has the Account.
   3. The Provider may from time to time unilaterally make changes to the Terms and Conditions. The Client automatically accepts any changes to the Terms and Conditions from the moment they are published by the Provider on the Website. If the Client disagrees with the changes made, they should stop using the Services by deleting their Account on the Website. In this case, if the Client has a remaining part of the paid Period, the payment will not be refunded by the Provider.
   4. Demo mode.
      1. The Client accepts the terms of the Demo mode at the moment the Client accepts such offer;
      2. The Client automatically accepts any changes to the terms of the Demo mode from the moment they are published by the Provider. If the Client disagrees with the changes made, the Client should stop using the Services provided under the Demo mode.
   5. Free Usage Package.
      1. The Client accepts the Terms and Conditions at the moment the Client is registered;
      2. The Client automatically accepts any changes to the terms of the Free Usage Package from the moment they are published by the Provider. If the Client disagrees with the changes made, the Client should stop using the Services provided under the Free Usage Package.
   6. Packages.
      The Client accepts the terms of the Package at the time of payment.
   7. We may from time to time make changes to the terms of the Packages. Changes take effect for the Client from the moment the updated version is published on the Website. However, the Provider will not unilaterally change the terms regarding the cost of Services for paid Packages during the Client's paid Period. In such cases, changes to the terms regarding the cost of Services will apply to the Client from the next Period.
   8. The Provider may at any time decide to cease providing Services to the Client and/or terminate the Terms and Conditions, including in cases of the Client's violation of the Terms and Conditions, due to unforeseen circumstances beyond the Provider's control, force majeure circumstances or in accordance with legal requirements. In such cases, the Terms and Conditions will be considered terminated from the moment the Services are actually suspended. Under these circumstances, the Provider may delete the Client's Account.
   9. The Client may terminate these Terms and Conditions at any time and stop using the Services by deleting Client’s Account.
   10. The Client's non-use of the Services for any reason does not entitle the Client to any compensation or refund, either in full or in part.

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7. 7. Limitation of Liability

   1. We cannot guarantee that the Analytical Summary, Website, and Platform will meet the specific goals and expectations of the Client.
   2. We strive to ensure the proper functioning of our Website and the Platform, we do not guarantee uninterrupted access or error-free operation. Acceptable downtime for the Website and Platform should generally not exceed 24 hours in total within a 30-calendar day period.
   3. We will strive to fix any errors and disruptions in the operation of the Website and Platform as quickly as possible, given the technical feasibility. If you experience any problems, please contact our support: support@seine.pro.
   4. We are not responsible for any interruptions in the Internet connection or other technical failures when the Client uses Services.
   5. Any interruptions in the Internet connection and other technical failures when the Client connects to the Website or Platform, and/or technical issues related to the Client's (User's) interaction with Telegram, including access issues to Telegram for the purpose of authorization or registration on the Website, problems with the Client's or User's account being blocked in Telegram, or other issues for which the Provider is not responsible, are to be resolved by the Client independently with Telegram or other service providers.
   6. We are not the author of the Content that may be automatically displayed by the Platform on the Website, nor the Content included in the Analytical Summary, and we are not responsible for its textual, semantic, graphic, or other content. The Content is published on the Website and included in the Analytical Summary solely for the purpose of providing analytical data in the course of delivering the Services.
   7. If you notice any violation on the Website, including cases where the content is obscene or immoral, spreads hatred or hostility towards any social group, or infringes upon your or anyone's intellectual and other rights in any way, please report it to us at: support@seine.pro and we will take immediate action.
   8. We are not responsible for any breach of the Terms and Conditions if it is caused by force majeure circumstances, or by actions or inactions of any third parties (both physical and legal), including but not limited to actions of payment systems.
   9. We are not responsible for the non-provision, untimely provision, or poor quality of Services if these circumstances are caused by disruptions or interruptions in the operation of Telegram or the Internet.
   10. If payment for the Service was credited to our account and subsequently canceled for any reason, including by decision of a bank, government, or other authorized body, the Services will be considered unpaid, and access to the Platform/Website will be limited to the Free Usage Package. If the Free Usage Package is not available, access to the Platform/Website will be terminated.
   11. The possibility of the Client registering/authorizing on the Website as an entity or individual entrepreneur cannot be guaranteed by the Provider and primarily depends on the ability to have a Telegram account as an organization or individual entrepreneur. If such an option is not available, all actions on the Website must be performed by the User. We recommend that you check these possibilities before registration.

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8. 8. Applicable Law and Dispute Resolution

   1. These Terms and Conditions shall be governed by and construed under the laws of the State of Delaware, without regard to conflict of law principles that would result in the application of any law other than the law of the State of Delaware.
   2. All claims and disputes in connection with these Terms and Conditions or the use of the Platform or Services provided by us shall be amicably resolved between parties.
   3. The parties agree that the discussions shall be held in the spirit of resolution of the issues that have arisen between them with the intention of resolving the issues amicably at the earliest.
   4. If the party is not satisfied with the outcome of the discussions within 90 calendar days from the receipt of the response or from the date of the claim is received by another party (in case of failure to receive the response), whichever is the latest, the dispute shall be referred to the Dubai International Arbitration Centre (DIAC). Dubai, United Arab Emirates shall be the seat of the arbitration.
   5. The arbitration shall be conducted in accordance with the provisions of the Arbitration Rules of the Dubai International Arbitration Centre (DIAC Arbitration Rules 2022), which Rules are deemed to be incorporated by reference into this clause. The language to be used in the proceedings shall be English.
   6. The Client solely shall bear its own costs, including, but not limited to all legal expenses, costs of arbitration, all legal fees and outlay.
   7. The Provider shall be entitled to recover all expenses, including, but not limited to all legal expenses, costs of arbitration, all legal fees and outlay, in addition to any other relief to which it may be entitled, in any action and any disputes arising out of or relating to these Terms and Conditions.

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9. 9. Miscellaneous

   1. By providing you with the Services, we assume that you are over 18 years old. If you are under the age of eighteen, please do not use the Service or the Platform.
   2. We assume that the User is authorized by the Client. We consider all actions performed by the User to be actions performed by the Client. Not an independent party of these Terms and Conditions, but a representative of the Client.
   3. To use the Services, the Client and (or) the User, as the case may be, must have a Telegram account.
   4. Any notice sent by the Provider to the Client's Telegram account (if applicable, depending on the Client's ability to have a Telegram account) or to the User's Telegram account used for the registration or to the Client's Account is considered duly delivered and received by the Client on the day such notice is indicated as delivered.
   5. The Client is prohibited from:
      1. using data mining, scraping, parsing, or similar data collection and extraction tools on the Website;
      2. transferring access rights to the Account to third parties;
      3. using the results of the Services for purposes other than those specified in the Terms and Conditions;
      4. engaging in any actions that may cause damage to the business reputation of the Provider or any other damage;
   6. Sanction clause.
      Provider does not render Services and does not grant a license to client(s) who is (are) the subject of the Sanctions. Sanctions shall mean any published (in the relevant jurisdiction) economic sanctions laws, regulations, decisions, embargoes or restrictive measures imposed, administered or enforced from time to time by any of the following authorities: the United States Government, the European Union (taken as a whole but not at the level of any individual Member State), the United Nations, the United Kingdom, and the United Arab Emirates, as well as the respective governmental institutions and agencies of any of the foregoing, including the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC) and the U.S. Department of State, the European Council and European Commission, and His Majesty's Government (including the Secretary of State, His Majesty's Treasury and its Office of Financial Sanctions Implementation (OFSI)).
   7. Your privacy is important to us. We collect, process, and store personal data in accordance with applicable data protection laws. For more details on how we handle your personal information, please refer to our Privacy Policy.
   8. In case of any conflict between the provisions of these Terms and Conditions and the Package, the provisions of the Terms and Conditions shall prevail.