1. General Provisions

This User Agreement (hereinafter - the "Agreement") governs the relationship between LLC DONUT TECHNOLOGIES (ID 406527815) (hereinafter - the "Company") and an individual or legal entity (hereinafter - the "User") regarding the use of the Donut service (mydonut.app) (hereinafter - the "Company") and an individual or legal entity (hereinafter - the "User") regarding the use of the Donut service (mydonut.app) (hereinafter - the "Service"), designed for creating websites for bots in messengers with online store functionality, online booking, client chats, and CRM.

1.2. By using the Service in any way, including going through the registration procedure, creating an account, or using the Service's functionality, the User expresses their full and unconditional agreement with all terms of this Agreement.

1.3. If the User does not agree with the terms of this Agreement, the use of the Service must be immediately terminated.

1.4. The Company provides the User with access to the Service's functionality, including:

• Creating websites for bots in messengers
• Online store functionality
• Online client booking
• Client chats
• CRM for client management
• Other functions available within the selected pricing plan

1.5. The Company has the right to change the terms of this Agreement unilaterally without prior notice to the User. The new version of the Agreement comes into force from the moment it is posted on the Company's website, unless otherwise provided by the new version of the Agreement.

1.6. The User agrees to regularly check the terms of this Agreement for changes and/or additions. Continued use of the Service by the User after changes and/or additions to this Agreement means the User's acceptance and agreement with such changes and/or additions.

1.7. The current version of this Agreement is available at: https://mydonut.app/about/user-agreement.

1.8. This Agreement is governed by the laws of the Georgia.

1.9. The Service is intended only for persons who have reached the age of 18. By accepting the terms, the user confirms that they are at least 18 years old.

2. Terms and Definitions

The following terms are used in this Agreement:

2.1. Service - Donut software (mydonut.app), located on the website https://mydonut.app, allowing to create websites for bots in messengers with online store functionality, online booking, client chats, and CRM.

2.2. Company - the copyright holder of the Service that provides rights to use it to Users.

2.3. User - an individual or legal entity that has accepted the terms of this Agreement and uses the Service for their own needs.

2.4. User Account - a record containing User data and having a set of access rights to the Service's functions.

2.5. User Content - any data, information, and materials in text, graphic, or other form that the User places in the Service, including, but not limited to: texts, images, audio and video files, products, services, prices, descriptions.

2.6. User Platform - a website for a bot in a messenger created using the Service with all User Content placed on it.

2.7. Pricing Plan - a set of Service functionalities and services provided to the User for a certain fee.

2.8. Personal Account - a closed part of the Service, accessible only to authorized Users for managing User Platform settings, placing Content, and receiving statistics.

2.9. Registration - the procedure of creating a User Account by filling out a registration form with the required data.

2.10. Authorization - the procedure of identifying the User using a login and password to access the Personal Account.

2.11. End Users - visitors and clients of the User Platform who use its functionality to interact with the User.

2.12. Database - a collection of data about clients, orders, products, and services that is formed during the User's use of the Service.

2.13. Intellectual Property - results of intellectual activity and means of individualization, including, but not limited to: program code, design, logos, trademarks, commercial designations.

3. Registration and Account

3.1. To use the Service, the User needs to go through the registration procedure, which results in the creation of a unique User account (hereinafter - "Account").

3.2. During registration, the User agrees to provide accurate and complete information about themselves and to keep this information up to date. If the User provides incorrect information or if the Company has reason to believe that the provided information is incomplete or inaccurate, the Company has the right, at its discretion, to block or delete the User's Account and deny the use of the Service.

3.3. The Company reserves the right to request at any time confirmation of the data provided during registration and to request supporting documents in this regard. Failure to provide such documents may be equated to providing inaccurate information and entail the consequences provided for in clause 3.2 of the Agreement.

3.4. Registration Data and Security

3.4.1. During registration, the User independently chooses a login (unique username) and password for access to the Account. The Company has the right to establish requirements for the login and password (length, allowed characters, etc.).

3.4.2. The User bears full responsibility for the security of their login and password, as well as for all actions performed under their Account. The User must immediately notify the Company of any case of unauthorized access to their Account and/or any security breach.

3.4.3. The User does not have the right to transfer or sell their registration data to third parties. All actions performed using the User's Account are considered to be performed by the User themselves.

3.5. Registration Restrictions

3.5.1. One User can register only one Account.

3.5.2. It is prohibited to register an Account on behalf of or instead of another person, except in cases where the person has the necessary authority by law or contract.

3.6. Account Deletion

3.6.1. The User has the right to delete their Account at any time by contacting the Company's support service.

3.6.2. The Company reserves the right to delete the User's Account and/or suspend, restrict, or terminate access to any of the Service's functionalities if the Company discovers that, in its opinion, the User violates the terms of the Agreement.

3.7. Personal Data

3.7.1. The User's personal information contained in the Account is stored and processed by the Company in accordance with the terms of the Privacy Policy.

3.7.2. The User gives consent to the processing of their personal data in accordance with the Privacy Policy when registering an Account.

4. License and Intellectual Property

4.1. The software, design, logos, databases, functionality, and content of the Service are intellectual property of the Company, protected by copyright law and other applicable norms on intellectual property protection.

4.2. Subject to your compliance with this Agreement and timely payment, the Company grants you a limited, non-exclusive, non-transferable license to:

• Use the Service in accordance with its functional purpose
• Create and manage your User Platform
• Use the content and functionality provided by the Company within your User Platform

4.3. This license does not give you the right to:

• Copy, modify, decompile, or create derivative works based on the Service
• Use the Service or its components outside the User Platform
• Sell, rent, transfer, or sublicense the Service to third parties
• Remove or alter any copyright notices, trademarks, or other proprietary rights notices

4.4. User Content

4.4.1. You retain all rights to the User Content you place.

4.4.2. By placing User Content, you grant the Company a non-exclusive, royalty-free, worldwide license to use, store, process, and display User Content for the purpose of providing and improving the Service.

4.4.3. You guarantee that you have all necessary rights to the User Content you place and that its placement does not violate the rights of third parties.

4.5. Trademarks

4.5.1. All trademarks, logos, and service marks placed in the Service are the property of the Company or their respective owners.

4.5.2. Nothing in this Agreement grants you the right to use the Company's trademarks, logos, and service marks without obtaining prior written consent.

4.6. Rights Violation

4.6.1. The Company has the right to remove any User Content in case of receiving a reasonable claim of intellectual property rights violation.

4.6.2. In case of repeated violations of intellectual property rights, the Company has the right to block or delete the violator's account.

5. Payments and Pricing Plans

5.1. General Payment Provisions

5.1.1. A fee is charged for using certain functions of the Service according to the pricing plans published on the Company's website. All prices are indicated excluding taxes, unless otherwise specified.

5.1.2. The Company reserves the right to change the cost and composition of pricing plans at any time. The Company notifies the User of changes to pricing plans at least 14 (fourteen) calendar days before the date of change by publication on the website and/or by email.

5.1.3. Continued use of the Service after changes to pricing plans is considered the User's agreement with the new pricing plans.

5.2. Payment Procedure

5.2.1. Payment is made in the form of prepayment for the selected period of use according to the pricing plan.

5.2.2. The User can make payments through available payment systems, information about which is provided in the Service interface.

5.2.3. The choice of a specific payment system depends on the user's region.

5.2.4. The User's payment obligations are considered fulfilled from the moment funds are received to the Company's account.

5.3. Automatic Renewal and Debiting

5.3.1. When connecting auto-renewal, the User consents to automatic debiting of funds for the next period of using the Service.

5.3.2. Automatic debiting is performed 24 hours before the end of the paid period according to the pricing plans in effect at the time of renewal.

5.3.3. The User can disable auto-renewal in their personal account no later than 24 hours before the next debiting.

5.4. Refund Policy

5.4.1. Refunds are possible in cases provided for by applicable legislation.

5.4.2. To request a refund, it is necessary to:

• Send a request through customer support or to email: [email protected]
• Indicate the reason for the refund
• Provide payment information

5.4.3. Refunds are processed:

• To the card or account from which the payment was made
• Within the timeframes established by the payment system
• Minus payment system commissions, if they cannot be refunded

5.4.4. The Company reserves the right to refuse a refund in case of:

• Violation of the terms of this Agreement
• Presence of signs of fraud
• If the service has been used

5.5. Taxes and Fees

5.5.1. The User is solely responsible for paying all applicable taxes and fees associated with the use of the Service.

5.5.2. The prices indicated on the website do not include taxes and fees, unless expressly stated otherwise.

6. Rules for Using the Service

6.1. Acceptable Use

6.1.1. The User agrees to use the Service only for lawful purposes, complying with all applicable laws and the rights of third parties.

6.1.2. The User has the right to use the Service for:

• Creating and managing websites for bots in messengers
• Organizing online sales of goods and services
• Managing online client booking
• Communicating with clients through chats
• Maintaining a client database in CRM
• Other purposes within the Service's functionality

6.2. Prohibited Actions When using the Service, it is prohibited to:

6.2.1. Place or transmit through the Service any content that:

• Is illegal, harmful, threatening, offensive
• Violates intellectual property rights
• Contains viruses or malicious code
• Is spam or unauthorized advertising
• Violates the privacy rights of other users
• Contains pornographic materials
• Promotes violence, racial, religious, or national intolerance
• Contains extremist materials
• Violates the legislation of the country of use and international law

6.2.2. Use the Service for:

• Fraudulent activities
• Disrupting the operation of the Service or its components
• Unauthorized access to other users' data
• Automated data and information collection
• Creating fake accounts
• Sending spam
• Distributing malicious software
• Other illegal actions

6.3. Content Responsibility

6.3.1. The User bears full responsibility for the content they place and guarantees that they have all necessary rights to use it.

6.3.2. The User agrees to compensate for any damage caused to the Company or third parties as a result of violating these rules.

6.3.3. The Company is not responsible for user content but reserves the right to remove any content that violates these rules.

6.4. Content Moderation

6.4.1. The Company has the right, but not the obligation, to review any content before or after its publication.

6.4.2. The Company may, at its discretion, refuse to place or remove any content that violates these rules or that the Company considers undesirable.

6.4.3. In case of repeated violations, the Company has the right to block the user's access to the Service.

6.5. Consequences of Violations

6.5.1. In case of violation of these rules, the Company has the right to:

• Temporarily suspend access to the Service
• Completely block the account
• Remove violating content
• Refuse to provide the Service in the future

6.5.2. The Company reserves the right to transfer information about violations to the relevant authorities.

6.5.3. The User agrees that the Company is not responsible for any losses arising as a result of applying these measures.

7. Personal Data and Confidentiality

7.1. General Provisions on Personal Data Processing

7.1.1. By accepting the terms of this Agreement, the User gives consent to the processing of their personal data in accordance with personal data legislation, acting freely, of their own will, and in their own interest.

7.1.2. The Company processes the following personal data of the User:

• last name, first name, patronymic
• email address
• phone number
• company and position data
• payment data
• other data that the User provides voluntarily

7.2. Purposes of Personal Data Processing

7.2.1. The Company processes the User's personal data for the following purposes:

• Providing access to the Service and its functionality
• User identification in the Service
• Processing payments and invoicing
• Communication with the User regarding the operation of the Service
• Sending notifications and informational messages
• Improving the Service
• Conducting statistical research
• Compliance with legal requirements

7.3. Processing of Third-Party Data

7.3.1. When using the Service, the User may receive and process personal data of their clients and other third parties. In this case, the User:

• Independently ensures obtaining consent for personal data processing
• Bears full responsibility for the legality of processing such data
• Agrees to maintain the confidentiality of the received data
• Ensures the necessary level of data protection

7.4. User Rights

7.4.1. The User has the right to:

• Receive information about the processing of their personal data
• Request clarification, blocking, or destruction of their personal data
• Withdraw consent to personal data processing
• Appeal against actions or inaction of the Company

7.5. Company Obligations for Data Protection

7.5.1. The Company takes necessary organizational and technical measures to protect personal data from unauthorized access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions by third parties.

7.5.2. The Company agrees to:

• Ensure the safety of personal data
• Process data only for the stated purposes
• Not transfer data to third parties without the User's consent
• Ensure the User's ability to exercise their rights

7.6. Term of Personal Data Processing

7.6.1. The User's personal data is processed during the period of using the Service and for 5 years after the termination of use, unless otherwise provided by legislation.

7.6.2. Upon expiration of the processing period, personal data is subject to destruction or anonymization.

7.7. Cookies and Analytics

7.7.1. The Service uses cookies and similar technologies to improve user experience and analyze Service usage.

7.7.2. The User can disable the use of cookies in browser settings, however, this may lead to limited access to some Service functions.

7.8. The User confirms that they give consent to the processing of their personal data when registering in the Service in the manner provided for by the Privacy Policy.

7.9. If the user agrees to log in through Google or other services, data may be transferred to countries that do not provide adequate protection. Such consent is considered given when using the corresponding authorization method.

8. Liability and Warranties

8.1. General Provisions on Liability

8.1.1. The Company is not responsible for:

• Any indirect, incidental, unintentional damages, including lost profits, damage to business reputation
• Data loss, service disruptions
• Inability to use the service
• Actions of third parties
• Content and accuracy of information posted by Users, even if the Company was warned about the possibility of such damages

8.1.2. The maximum liability of the Company to the User is limited to the amount actually paid by the User for the last paid period of using the Service.

8.2. Limitation of Warranties

8.2.1. The Service is provided on an "as is" basis. The Company does not provide any warranties regarding:

• Error-free and uninterrupted operation of the Service
• The Service's compliance with specific goals and expectations of the User
• Accuracy of results obtained using the Service
• Safety of User data
• Compatibility with specific software or hardware

8.2.2. All information and materials available in the Service are provided without any express or implied warranties.

8.3. User Liability

8.3.1. The User bears full responsibility for:

• Compliance with applicable legislation when using the Service
• Accuracy and legality of posted information
• Safety of their account data
• Actions performed through their account
• Respect for the rights of third parties

8.3.2. The User agrees to compensate the Company for any losses incurred as a result of the User's violation of the terms of the Agreement or legislation.

8.4. Force Majeure

8.4.1. The Parties are released from liability for partial or complete non-fulfillment of obligations under this Agreement if this non-fulfillment was a consequence of force majeure circumstances that arose after the acceptance of the Agreement as a result of extraordinary events that the Parties could not foresee or prevent by reasonable measures.

8.4.2. Force majeure circumstances include: wars, earthquakes, floods, fires, epidemics, changes in legislation, actions of state bodies and their officials, if these circumstances directly affected the fulfillment of this Agreement.

8.5. Dispute Resolution

8.5.1. In case of disputes between the Company and the User, they should be resolved through negotiations.

8.5.2. If it is impossible to reach an agreement through negotiations, disputes are subject to resolution in court at the location of the Company in accordance with the legislation of the country of registration of the Company.

9. Termination of Service

9.1. Termination Conditions

9.1.1. The Company has the right to terminate the provision of Services in whole or in part at any time in the following cases:

• At the User's initiative
• When the User violates the terms of this Agreement
• When Services are not paid for within the established timeframes
• For technical, economic, or other reasons that make the provision of Services impractical
• In case of liquidation of the Company or termination of the Service

9.2. Service Termination Procedure

9.2.1. When terminating service at the User's initiative:

• The User must notify the Company of their desire to stop using the Service
• Delete their account through the appropriate settings
• Stop using all Service features

9.2.2. When terminating service at the Company's initiative:

• The Company notifies the User about the termination of service 14 days in advance, unless otherwise provided by this Agreement
• In case of gross violation of the Agreement, access may be terminated immediately without prior notice

9.3. Consequences of Service Termination

9.3.1. After service termination:

• Access to the account and all Service functions is blocked
• User data may be deleted without the possibility of recovery
• The unused portion of payment for Services is not refunded if termination occurred due to the User's fault
• The Company is not responsible for any losses arising as a result of termination of access to the Service

9.4. Data Preservation

9.4.1. Upon service termination:

• The User bears full responsibility for preserving the data they need before the moment of service termination
• The Company does not guarantee the safety of any data after service termination
• The User must independently ensure the export and preservation of necessary data before the moment of service termination

9.5. Service Resumption

9.5.1. Service resumption is possible:

• By agreement with the Company
• After eliminating the reasons that led to service termination
• After payment of all debts, if any
• At the discretion of the Company, an additional fee may be charged for service resumption

10. Final Provisions

10.1. Applicable Law and Jurisdiction

10.1.1. This Agreement is governed and interpreted in accordance with the legislation of the country of registration of the Company. All disputes, disagreements, and claims that may arise in connection with the execution, termination, or invalidation of the Agreement shall be resolved in accordance with current legislation.

10.1.2. The Parties will make every effort to resolve all disputes arising between them through negotiations. Disputes for which the Parties do not reach agreement shall be considered in court at the location of the Company.

10.2. Entirety of the Agreement

10.2.1. This Agreement represents the complete agreement between you and the Company regarding the use of the Service and supersedes all previous written or oral agreements.

10.2.2. If any provision of this Agreement is found to be invalid or unenforceable, this does not affect the validity of the remaining provisions.

10.3. Amendment of Terms

10.3.1. The Company reserves the right to change the terms of this Agreement at any time without prior notice to the User.

10.3.2. The new version of the Agreement comes into force from the moment it is posted on the Company's Website, unless otherwise provided by the new version of the Agreement.

10.4. Notifications

10.4.1. The Company may send notifications to the User, including notifications about changes to this Agreement, by email, regular mail, SMS, through the Service, or by posting information on the Website.

10.5. Assignment of Rights

10.5.1. The User may not transfer their rights under this Agreement to a third party without the prior consent of the Company.

10.5.2. The Company may transfer its rights under this Agreement to any third party without the User's consent.

10.6. Force Majeure

10.6.1. Neither Party shall be liable to the other Party for non-fulfillment of obligations due to force majeure circumstances that arose beyond the will and desire of the Parties, which cannot be foreseen or avoided.

10.6.2. Such circumstances include: wars, civil wars, earthquakes, floods, fires, epidemics, and other natural and man-made disasters, actions and decisions of state bodies that arose after the acceptance of this Agreement and prevent its execution.

10.7. Contact Information

10.7.1. For all questions related to the use of the Service, the User can contact the support service at: [email protected]

10.8. Agreement Validity

10.8.1. This Agreement comes into force from the moment of its acceptance by the User and is valid indefinitely.

10.8.2. Termination of the use of the Service does not release the User from obligations that arose before the moment of such termination and does not affect the rights and obligations that arose before the moment of such termination.

11. Specifics of Working with Messengers

11.1. General Provisions

11.1.1. The Service provides the ability to integrate with various messengers for organizing communication with clients, including, but not limited to: Messenger, Telegram, Instagram, and others ("Messengers").

11.1.2. The User acknowledges and agrees that the use of integrations with Messengers is also governed by the rules and conditions of the respective services.

11.2. Limitations and Responsibility

11.2.1. The Company is not responsible for:

• The functionality and availability of Messengers
• Changes in the Messengers' API operation
• Blocking of User accounts in Messengers
• Any losses associated with the use or inability to use integrations with Messengers

11.2.2. When using integrations with Messengers, the User agrees to:

• Comply with the rules and conditions of use of the respective Messengers
• Not send spam or unwanted messages
• Not violate the rights of third parties
• Obtain necessary consents for personal data processing
• Comply with applicable legislation on advertising and marketing communications

11.3. Messaging Rules

11.3.1. When sending messages through Messengers, the User must:

• Have the recipients' consent to receive messages
• Provide the ability to unsubscribe from messaging
• Not exceed established limits on the number of messages
• Observe time restrictions on messaging
• Not distribute prohibited content

11.3.2. The Company reserves the right to:

• Set limitations on the use of messaging
• Block access to messaging functionality when rules are violated
• Transfer information about violations to the respective Messengers
• Demand compensation for losses arising from violations of messaging rules

11.4. Technical Requirements

11.4.1. To use integrations with Messengers, the User must:

• Have active accounts in the respective Messengers
• Follow the technical requirements and recommendations of the Company

11.5. Changes in Integration Operation

11.5.1. The Company reserves the right to:

• Change the functionality of integrations with Messengers
• Add or remove support for individual Messengers
• Introduce new limitations and rules of use
• Change technical requirements

11.5.2. The Company agrees to notify about significant changes in the operation of integrations through the Service interface or by email.

12. E-commerce and Online Payments

12.1. General Provisions

12.1.1. The Service provides the ability to sell goods and services through the User Platform, including:

• Sale of goods and services
• Acceptance of online payments
• Order management
• Inventory management
• Reporting

12.2. Rules for Selling Goods and Services

12.2.1. The User bears full responsibility for:

• Accuracy of information about goods and services
• Having necessary permits and licenses
• Respecting consumer rights
• Quality of goods and services
• Fulfilling obligations to buyers
• Compliance with tax legislation

12.2.2. It is prohibited to sell:

• Illegal goods and services
• Counterfeit products
• Goods that violate third-party rights
• Goods prohibited by legislation
• Goods requiring special permits, in their absence

12.3. Online Payments

12.3.1. To accept online payments, the User must:

• Enter into an agreement with a payment service
• Provide necessary documents
• Comply with payment security requirements
• Ensure protection of buyer data

12.3.2. The Company is not a participant in payment operations and:

• Does not store bank card data
• Does not conduct transactions
• Is not responsible for the actions of payment services
• Does not guarantee the availability of payment services

12.4. Returns and Disputes

12.4.1. The User is obliged to:

• Have a clear return policy
• Process returns in a timely manner
• Resolve disputes with buyers
• Compensate for losses in case of justified claims

12.4.2. The Company has the right to:

• Block access to payments in case of violations
• Transfer information about violations to payment services
• Withhold funds until disputes are resolved
• Refuse service in case of systematic violations

12.5. Reporting and Taxes

12.5.1. The User is responsible for:

• Keeping records of operations
• Paying taxes and fees
• Generating reports
• Preserving documentation
• Complying with the requirements of fiscal authorities

12.6. Limitation of Liability

12.6.1. The Company is not responsible for:

• Quality of the User's goods and services
• Disputes between the User and buyers
• Financial losses during returns
• Technical failures of payment systems
• Actions of third parties

13. Online Booking and Reservation

13.1. General Provisions

13.1.1. The Service provides the ability for online booking and reservation through:

• Websites
• Websites in messengers and social networks

13.1.2. When using online booking and reservation, the User agrees to:

• Provide current and accurate information about available times and services
• Update schedules and booking statuses in a timely manner
• Process incoming requests within reasonable timeframes
• Notify clients about changes in the schedule
• Maintain the confidentiality of received data

13.2. Booking Rules

13.2.1. Upon receiving a booking request, the User must:

• Confirm or decline the request within the established time
• Indicate the reason for refusal when declining a request
• Offer alternative time when the selected slot is unavailable
• Maintain a history of all booking operations

13.2.2. The User bears full responsibility for:

• Accuracy of the specified schedule and prices
• Quality of provided services
• Adherence to the stated time
• Processing of clients' personal data
• Resolution of disputes with clients

13.3. Cancellation of Booking

13.3.1. When canceling a booking, the User must:

• Notify the client about the cancellation within a reasonable timeframe
• Indicate the reason for cancellation
• Offer alternative time
• Return the prepayment, if it was made
• Compensate the client for incurred losses if the cancellation occurred due to the User's fault

13.4. Limitations and Prohibitions

13.4.1. When using online booking, it is prohibited to:

• Provide deliberately false information
• Create fictitious bookings
• Use client data for spam purposes
• Violate personal data processing rules
• Create unreasonable obstacles for booking

13.5. Responsibility

13.5.1. The Company is not responsible for:

• Quality of services provided by the User
• Accuracy of information provided by the User
• Disputes between the User and clients
• Losses resulting from booking cancellation
• Technical failures of third parties

13.5.2. The User independently bears responsibility for:

• Compliance with consumer protection legislation
• Quality of provided services
• Resolution of client claims
• Refund of funds when services are canceled
• Security and confidentiality of client data