Agreement on the Use of the Website and Software
This Agreement is a public offer of the Limited Liability Company “Letteros”, as defined in Article 437 of the Civil Code of the Russian Federation, and defines the terms of use of materials, services, and software placed on the website at the address: www.letteros.com, by visitors and users of this website (hereinafter referred to as the “Site”). The public offer is addressed to individuals and legal entities engaged in entrepreneurial activities, regardless of their organizational and legal form.
1. General Provisions and Terms
1.1. Site – a set of web pages placed on the Internet, united by a common theme, design, and unified address space of the domain www.letteros.com, containing materials created and/or used by the Site Administration, articles, databases, services, and software that allow using the listed information resources placed on the Internet at the network address www.letteros.com.
1.2. Software (Software) – software, part of the programs, procedures, rules, located on the site www.letteros.com, using which the creation of electronic messages (e-mail) is carried out.
1.3. Site Administration (Administration, Licensor) – Limited Liability Company “Letteros”, created and registered in accordance with the legislation of the Russian Federation at the address: 195027, St. Petersburg, Yakornaya Street, d. 13, letter a, office 409, INN 7806587362, OGRN 1217800087075.
1.4. User (Licensee) – a person with legal capacity and legal capacity who has joined this User Agreement and, in accordance with the Rules of using the Site, has received the right to use it, including the use of software, in carrying out entrepreneurial activities.
1.5. Registration on the site is a voluntary procedure on the part of the User, consisting in supplementing the database of Users with information about a new User and providing the new User with the right to use the Site. Registration is carried out in accordance with this Agreement and the Rules of using the Site in several stages and includes: providing the User with reliable information about himself, forming a personal login and password, using which the User is authorized on the Site and uses the Site, confirming the User’s email address.
1.6. Authorization on the Site is a procedure by which the User identifies himself with his login and password chosen by the User during registration on the Site each time he enters the Site. Only after authorization, the User gains access to the Site, while the login and password are considered necessary and sufficient information for the User to access the Site. If the User does not prove otherwise, any actions taken on the Site using his login and password are considered to be taken by the corresponding User.
1.7. Personal Account – a virtual personal account of the User, located on the servers of the Administration and located on the Site, access to which is carried out after authorization (entering the username and password known only to the User) via the HTTPS data exchange protocol, and within which the Parties exchange legally and technically significant information related to the execution of this Agreement.
1.8. Site Usage – permitted by this Agreement gratuitous use of the Site and Software by the User for their functional purpose, with access rights determined by the terms of this Agreement, including downloading Site pages, adding information (data) to the Site, downloading information and documents from the site, and other actions with the Site and Software. The User confirms that he will use the Site exclusively on the terms of this Agreement, as well as exclusively for entrepreneurial purposes, without the right to use the Site to satisfy personal, family, household, domestic, and other needs not related to entrepreneurial activities.
1.9. Adherence to this Agreement is a procedure that includes agreement with the terms of this Agreement and passing the registration procedure on the Site. Registration on the Site is considered an action expressing the unconditional consent of the User to conclude the Agreement on these terms, as well as the User’s consent to consider himself to have concluded this Agreement.
1.10. Information on the Site (Information) – any information posted on the Site, including information (messages, data) regardless of the form of their presentation, the results of intellectual activity, as well as other data (materials, articles, databases, services and programs, design scripts, applications, site software code, content, tables, templates, documents, website design, etc.), in accordance with the legislation of the Russian Federation. The use of information on the Site in any way is allowed only if the restrictions established by the current legislation of the Russian Federation, this Agreement, and the Rules of using the Site are observed.
1.11. Email – html code of an email for email distribution, created by the User using the Software.
1.12. Tariff – the volume of rights to use and services provided to the User for a certain fee.
1.13. Personal account statement – a section of the User’s personal account on the Site, serving for receiving and spending funds transferred to the account for future payment of the Tariff on the basis of the User’s Orders.
1.14. Advance payment – a payment made by the User towards future payment of the Tariff based on the Order, reflected as an increase in the balance of the Personal Account statement.
1.15. Order – a directive formed and certified by the User regarding the conduct of payments (payment of the Tariff).
2. Subject of the User Agreement
2.1. Within the framework of this Agreement, the Administration undertakes to provide the User with a non-exclusive right to use the Site and Software placed on the Site, in accordance with the terms of this Agreement and the rules of using the Site, and the User undertakes to make payment for the use of the Site and Software in the manner, amount, and terms established by the Agreement. The amount of payment for the use of the Site and Software is determined by the tariffs set by the Administration and posted on the Site at the address https://letteros.com/pricing/.
2.2. The Site and the Software placed on the Site are used for the purpose of creating HTML code (layout) of emails without knowledge of HTML/CSS programming languages. The Software is an HTML email builder. The number of created emails is determined in accordance with the tariff selected by the User, set by the Administration.
2.3. The use of the Site and Software for creating Emails is provided to the User after his registration on the Site by forming a User’s personal account and providing the User with a personal login and password.
2.4. The home page of the Site, through which access to all other web pages of the Site can be obtained, is located on the Internet at the address www.letteros.com.
2.5. The User independently, at his own expense, provides the technical conditions and means for accessing the Site, which means that the User has access to the Internet and technical equipment with software installed on it, with the help of which the User can search for and use information on the Internet. The Administration is not responsible for the availability of the specified technical conditions for the User.
2.6. This Agreement is not limited by the territory of use. The User may use the Site regardless of his location if the technical conditions he possesses allow him to access the Site.
2.7. The right to use the Site is granted to the User while the Administration retains the right to provide the use of the Site to other Users.
2.8. This Agreement is a contract of accession within the meaning of Article 428 of the Civil Code of the Russian Federation. Accession to the Agreement is made by accepting a public offer, as defined in Article 437 of the Civil Code of the Russian Federation. This Agreement, in accordance with Article 2 of Article 437 of the Civil Code of the Russian Federation, is a public offer and is addressed to an unlimited circle of persons engaged in entrepreneurial activities. Acceptance is considered to be the User’s completion of the registration procedure on the Site.
2.9. The User may use the functionality of his account on the Site, search on the Site, and extract the necessary information, enter information, use it in any form and manner in accordance with the legislation of the Russian Federation and the Site Rules, as well as participate in any forms of activity on the Site organized by the Site Administration, including rating the posted information, discussing articles and materials posted by other Users, participating in other forms of user activity on the Site, and posting information on the Site.
2.10. The Site and the Software are the result of intellectual activity, and the right to use the Site and Software is provided on an “as is” basis. The Administration disclaims any warranties that the Site and Software will or will not be suitable for any specific purposes of use. The Administration shall not be liable for any results or lack thereof from the use of the Site and Software. The Administration is not responsible for issues arising during access, updating, support, and operation of the Software (including compatibility issues with other software products (packages, drivers, etc.), discrepancies between the results of Software use and User expectations, etc.). By accepting this Agreement, the User confirms that they bear full responsibility for any potential negative consequences caused by incompatibility or conflicts of the Software with other software products installed on the User’s computer. The Software is not intended for and cannot be used in information systems operating in hazardous environments or serving life support systems, where Software failure could pose a threat to human life or cause significant material losses.
2.11. Any actions taken by the User on the site must comply with the legislation of the Russian Federation and must not violate the rights and legitimate interests of third parties, society, or the state. By accepting this Agreement in the manner prescribed in clause 2.8 of the Agreement, the User provides assurances and guarantees to the Administration that:
The User has read the terms of this Agreement, understands them, and accepts them without objection;
The User is familiar with the current tariffs of the Administration on the Site;
The User guarantees compliance with the requirements of the current legislation, including the provisions of the Federal Law “On Information, Information Technologies and Information Protection” dated July 27, 2006 No. 149-ФЗ, the Federal Law “On Advertising” dated March 13, 2006 No. 38-ФЗ;
The User is aware that the exclusive rights to the Site and Software are protected by copyright, and therefore the User undertakes that neither they nor any other persons assisted by the User will copy or modify the Software; create programs derived from the Software; penetrate the Software to obtain program codes; sell, assign, lease, or transfer rights to the Site Software to third parties in any other form provided by the User under this Agreement, nor modify the services placed on the Site, including to gain unauthorized access to them. Violation of this condition by the User is a basis for the Administration’s unilateral refusal to perform this Agreement out-of-court, as well as a basis for holding the User liable for compensating the direct and indirect damages, including lost profits and other losses incurred by the rights holder and/or the Administration due to such violation.
3. Using the Website and Software
3.1. After User registration on the Site, the Administration provides the User with access (login and password) to the Personal Account, as well as the opportunity to use the Software to create HTML code for Emails without the knowledge of HTML/CSS programming languages, in the volume corresponding to the tariff chosen by the User.
3.2. Depending on the selected tariff, the User independently forms the content of the Email through the Personal Account.
3.3. The result of the Software operation is HTML code for the Email.
3.4. The operation mode of the Site and the Personal Account is round-the-clock, daily, with no breaks except for cases related to the Administration conducting preventive and/or other technical work associated with Site maintenance and support.
3.5. The organization and conduct of planned preventive and/or other planned technical work are carried out by the Site Administration at its discretion, taking into account periods and times of day with minimal business activity, mainly on non-working days and/or outside of standard working hours established in the territory of the Russian Federation. The Site Administration notifies Users about the planned technical events by posting relevant information on the date and time of such events on the Site and through email notifications to Users no later than forty-eight hours before the scheduled date and time. This procedure does not apply to cases of emergency technical work caused by malfunctions in the operation of the Site or Software, which require immediate resolution upon detection.
3.6. Technical support and consultation for Users regarding the use of the Site and Software are provided via email and other communication channels specified on the Site on weekdays from 10:00 to 19:00 Moscow time.
4. Rights and Obligations of the Parties
4.1. User Rights:
4.1.1. The User has the right to use the Site and Software only within the scope of the rights and methods provided by this Agreement and the rules for using the Site.
4.1.2. The content of the Emails is determined solely by the User, with compliance with the rights of third parties, for which the User bears sole responsibility.
4.1.3. The User independently manages the transfer and controls access rights to the Personal Account by their employees or authorized persons. Access to the information contained in the Personal Account by such persons can be obtained by providing the User’s login and password for authorization on the Site.
4.1.4. The Parties agree that the User is solely responsible for the content and use of the information contained in the Personal Account, as well as the responsibility for the Emails generated by third parties to whom the User has granted access to the Personal Account.
4.1.5. The User has the right to place information on their resources indicating that they use the Letteros service to create Emails for informational mailings for the entire duration of the Agreement.
4.2. User Obligations:
4.2.1. To comply with the provisions of the current legislation of the Russian Federation, including in the field of information dissemination and advertising, and the Rules for using the Site.
4.2.2. When registering on the Site, to provide the Administration with necessary, truthful, and up-to-date information, including a unique login (email address) and password for access to the Site for each User, as well as the email address, surname, and name of the User’s authorized representative.
4.2.3. Not to upload, store, publish, distribute, or otherwise use the intellectual property of other Users and third parties on the Site unless the User has legal rights to such use.
4.2.4. Not to post in the Personal Account and Emails information and objects that may violate the rights and legitimate interests of third parties, as well as information that:
— contains threats, discredits, insults, or undermines the honor, dignity, or business reputation, or violates the privacy of other Users or third parties;
— violates the rights of minors;
— is vulgar or indecent, contains profanity, contains pornographic images and texts, or scenes of a sexual nature involving minors;
— contains scenes of violence or inhuman treatment of animals;
— contains descriptions of suicide methods, any incitement to commit suicide;
— promotes and/or contributes to incitement of racial, religious, ethnic hatred, or enmity, promotes fascism or racial superiority ideology;
— contains extremist materials;
— promotes criminal activity or contains advice, instructions, or guides on committing illegal actions;
— contains information of restricted access, including but not limited to state and commercial secrets, information about the private lives of third parties;
— contains advertising or describes the attractiveness of using narcotic substances;
— is fraudulent in nature;
— and also violates other rights and interests of citizens and legal entities, society, or the requirements of the legislation of the Russian Federation.
4.2.5. The User must independently ensure the security of the password for access to the Personal Account, as they fully bear responsibility for all actions performed on their behalf after authorization on the Site. The User undertakes not to distribute or provide access to information on the Site and the Personal Account to third parties who are not authorized persons of the User. In case unauthorized third parties gain access to the Site and/or the User’s Personal Account due to the User’s fault, the User must immediately notify the Site Administration of this circumstance in order to change the User’s login and password for authorization on the Site. In case of failure to comply with this condition, all risks of adverse consequences associated with the actions of unauthorized third parties using the Site, Software, and the User’s Personal Account shall be borne solely by the User, both before the Administration and before other persons whose rights have been violated.
4.2.6. In case of disagreement with significant changes to the Rules for using the Site and the terms of the Agreement, the User must send a request to terminate the Agreement to the Administration in the manner specified in clause 7.3. of this Agreement within 5 (five) days from the date of posting significant changes to the rules for using the Site and the terms of the Agreement on the Site.
4.2.7. To make timely and full payment for the use of the Site and Software in accordance with the tariff chosen by the User and the terms of this Agreement.
4.3. Administration Rights:
4.3.1. Unilaterally amend the rules for using the Site and the terms of this Agreement at its discretion. The Administration ensures that Users have the opportunity to familiarize themselves with the new version of the Rules for using the Site and the terms of this Agreement by publishing the new version of the Rules for using the Site and the Agreement on the Site (https://letteros.com/terms/). The Site Administration notifies Users by posting relevant information about the date and time of the specified events on the Site and by sending electronic messages to Users no later than 30 (thirty) calendar days before the date of the changes to this Agreement. The changes come into effect from the date of posting on the Site. Continued use of the Site using the Personal Account will mean the User’s agreement to the modified terms of the Agreement and/or the Rules for using the Site.
4.3.2. Determine the content of the Site, Software, the information contained on the Site, and the services provided to the User.
4.3.3. Interrupt the operation of the Site for a period or terminate the operation of the Site at its discretion, as well as in case of receiving a notification from an authorized body of state power of the Russian Federation about the suspension or prohibition of the Site’s (part of the Site’s) operation.
4.3.4. Restrict or prohibit (block) the use of the Site by individual Users at its discretion in case of violation of the terms of this Agreement or the Rules for using the Site by such Users.
4.3.5. Place the User’s company logo on the Site in the “Our Clients” section during the term of the Agreement.
4.4. Administration Obligations:
4.4.1. Maintain the Site and Software in working order.
4.4.2. Provide the User with access to the Personal Account after the User’s registration on the Site.
4.4.3. Take necessary organizational and technical measures to protect the confidential information of Users, including personal data, from unauthorized and unlawful or accidental access by unauthorized persons for the purpose of altering, blocking, copying, or distributing it.
4.4.4. In case of providing the User’s personal data in accordance with the requirements of the legislation of the Russian Federation, the provisions of this Agreement, and the rules for using the Site, monitor the legality of their use.
4.4.5. Destroy the information received from the User in connection with the performance of this Agreement from all media without the possibility of its restoration or copying within 30 (thirty) calendar days after the termination of the Agreement and/or at the written request of the User.
4.4.6. Store confidential information received from the User, not to disclose, publish, and protect it from access by third parties (except as provided by applicable Russian law).
4.4.7. In case of inability to access the Site and Software without User violations of the terms of the Agreement and Site Rules, the Administration is obliged to refund the User all unused funds received from the User as prepayment. The refund period is 5 (five) business days from the date of receipt of the corresponding written request from the User.
4.4.8. The Administration has the right to suspend the use of the Site and Software in case of User default on payment terms provided by the Agreement and the tariff chosen by the User until the User fully remedies such default. In case of User delay in payment of the invoice issued for more than 5 (five) calendar days, the Administration has the right to unilaterally terminate the Agreement and block the User’s access to the Site and Personal Account.
5. Cost and Payment Procedure:
5.1. Payment for using the Site and Software is made by the User in accordance with the selected tariff posted on the Site at https://letteros.com/pricing/, in the manner and within the timeframes provided by this Agreement.
5.2. Depending on the tariff chosen by the User, payment for using the Site and Software is made by the User in the following manner:
on the terms of full (100%) prepayment in accordance with the selected tariff and based on the invoice issued by the Administration for payment;
on deferred payment terms for a period of 20 (twenty) business days from the end date of the reporting period for using the Site, which is considered to be 1 (One) calendar month or upon reaching the corresponding volume of messages.
5.3. The amount of the User’s obligation for payment is determined by the tariffs established by the Administration and the invoices issued for payment.
5.4. All settlements under the Agreement are made by the Parties in Russian rubles, by non-cash payment, by transferring the User’s funds to the Personal Account, followed by payment of the selected tariff from the Personal Account based on the User’s Order. Crediting of funds to the Personal Account is carried out through the Robokassa payment system.
5.5. The User’s obligation to pay is considered fulfilled from the date of payment of the selected Tariff from the Personal Account:
The User submits an order for payment in accordance with the form posted on the Site.
The Administrator processes the User’s Order for compliance with the requirements.
If the Advance amount is equal to or greater than the Tariff cost, the Administrator reduces the amount of advance funds reflected in the Personal Account by the payment amount and immediately informs the User of the payment. From this moment, the obligation to pay is considered fulfilled.
If the Advance amount is less than the Tariff cost, the Tariff payment is not made.
5.6. The cost of using the Site and Software is not subject to VAT based on Art. 346.12 of the Tax Code of the Russian Federation due to the application of the simplified taxation system by the Administration.
5.7. In case of unilateral termination of the Agreement by either Party without violations of the Agreement terms by the User, the User has the right to demand at any time the refund of the unused balance of funds from the Personal Account, which are not subject to payment as remuneration to the Administration or as a penalty for violating the Agreement terms. In this case, the Administration must refund the specified funds within 5 (five) business days from the date of receipt of the User’s written request. The refund is made by non-cash payment to the User’s bank details specified in the relevant request.
5.8. The issuance of an acceptance certificate for the services provided, provided that the parties fulfill the obligations established by this Agreement, the Rules for using the Site, and the contract invoice, is not required. At the User’s request, the Administration may draw up and send an acceptance certificate for the services provided. In this case, the User must sign and send the original acceptance certificate to the Administration within a period not exceeding 30 calendar days from the date of its preparation.
6. Liability of the Parties to the Agreement:
6.1. The Parties to this Agreement bear responsibility in accordance with the current legislation of the Russian Federation.
6.2. The User bears full responsibility for the content and use of any information posted by them in the Personal Account and Letters.
6.3. The liability of the Administration to the User under this Agreement is limited to the amount of payment for using the Site and Software according to the tariff selected by the User, except in cases provided for in clause 4.4.7 of the Agreement.
6.4. In case of the User’s failure to fulfill the obligation to pay the invoice issued by the Administration with evidence of the User’s use of the Site and Software, the Administration has the right to file a lawsuit against the User to recover the payment amount specified in the corresponding invoice. Jurisdiction is determined by the location of the Administration.
6.5. In the event of significant violations by the User of the terms of this Agreement and the Rules for using the Site, leading to the User’s account being blocked and their Personal Account being deleted, the funds received from the User are withheld by the Administration as a penalty for violating the terms of the Agreement. By accepting this Agreement, the User agrees to the application of such penalty sanctions by the Administration.
7. Term of Agreement and Termination:
7.1. This Agreement enters into force for the User from the date of acceptance of the public offer upon registration on the Site.
7.2. The User has the right to terminate the Agreement unilaterally by sending the corresponding notification to the Administration via email from the mailbox specified by the User during registration on the Site. The email should contain the full name of the User, their details, reasons for terminating the Agreement, and a proposal to consider the Agreement terminated. From the moment such an email is received, the Agreement is considered terminated. In case it is not possible to send an email from the mailbox provided during registration, the User may send such termination notice through the internal messaging system on the site to the Technical Support.
7.3. The Administration has the right to unilaterally terminate the Agreement with the User in a non-judicial manner in case of the User’s violation of its terms or the Rules for using the Site or Software. Termination of the Agreement includes sending an email to the email address provided by the User during registration with reasons for terminating the Agreement and deleting the User’s Personal Account (or blocking the User’s Personal Account at the choice of the Site Administration).
7.4. If, according to the terms of the Agreement or the law, the User has the right to terminate the Agreement through judicial proceedings, they must first send a demand for termination to the Administration at its legal address. The User may file a claim to terminate the Agreement in court only after receiving a refusal from the Administration to terminate the Agreement or if there is no response from the Administration within a thirty-day period.
7.5. If any provision of the Agreement is declared invalid or unenforceable by a court, it does not invalidate other provisions of the Agreement.
8. Concluding Provisions:
8.1. In all matters not provided for by this Agreement, the Parties shall be governed by the current legislation of the Russian Federation. In case of any disputes or disagreements arising from this Agreement, the Parties shall make every effort to resolve them through negotiations between them. If the disputes cannot be resolved through negotiations, they shall be settled in accordance with the procedure established by the current legislation of the Russian Federation in the court at the location (address) of the Administration.
8.2. By accepting this Agreement, the User agrees to receive both on the Site and in the form of postal mailings, email newsletters, or messages, notifications on mobile phones and other messaging devices on topics related to the Site. In addition, the User consents to the processing of their personal data by the Administration provided during registration, as well as voluntarily placed on the Site, as specified in the Federal Law “On Personal Data”. The processing of personal data is carried out by the Administration for the purpose of concluding and performing the Agreement, including for the Administration to receive personalized (targeted) advertising, verification, research, and analysis of such data to support and improve the services and sections of the Site, as well as to develop new services and sections of the Site, conduct surveys, and research on various topics.
8.3. No provisions of this Agreement grant the User the right to use the trade name, trademarks, domain names, and other distinctive signs of the Administration and/or the right holder.
8.4. The inaction of the Site Administration in the event of a breach by any of the Users of the provisions of the Agreement does not deprive the Site Administration of the right to take appropriate actions later to protect its interests and protect copyright to materials protected by law on the Site.
8.5. All correspondence between the Parties in the performance of the Agreement, as well as the exchange of scanned copies of documents, carried out through email addresses provided during registration on the Site and/or posted on the Site, has the legal force of originals of documents and may serve as evidence in court.