Чӣ Гап - User Agreement

User Agreement

END USER LICENSE AGREEMENT FOR “Chi Gap” APPLICATION

www.tcell.tj

This License Agreement (hereinafter referred to as “Agreement”) is binding legal document between OPERATOR and SUBSCRIBER and contains the rights and obligations of the SUBSCRIBER and the OPERATOR regarding the use of “Чи Гап” Application. By using "Чи Гап" Application Subscriber acknowledges and agrees to the terms of this Agreement, Operator’s Privacy Policy.

1. GENERAL DESCRIPTION OF THE “ЧИ ГАП” APPLICATION

1.1. “Чи Гап” application gives Subscriber opportunity to make voice and video calls, to exchange instant chat messaging, to receive calls on the Subscriber’s device, to make outgoing calls to the Operator’s Subscribers’ devices as well as to the devices of the other Subscribers of the other mobile operators.

2.1. Subscriber — natural person (citizen), entrepreneur or legal entity with whom Operator signed relevant contract on provisioning of services and assigned to the Subscriber number(s).

2.2. Subscriber number – allocated by the Operator to the Subscriber in a communication network, unambiguously defining (identifying) the connected device of the Subscriber to the communication network with/without SIM-card of the Operator in it.

2.4. Subscriber’s profile – Subscriber’s account information section which contains his/her personal information: full name, passport number and other information which are required to be provided by the Subscriber during registration process in “Чи Гап” application.

2.5. IP-to-IP calling — calls (voice, video) that are initiated or terminated in the IP-network using “Чи Гап” Application (from the Subscriber using “Чи Гап” Application to the Subscriber’s “Чи Гап” Application).

2.6. SIP IN calls — calls that are initiated in the telephony network and terminated in the IP-network (to the Subscriber that is using “Чи Гап” application).

2.7. SIP OUT calls — calls that are initiated in the IP-network (Subscriber using “Чи Гап” application) and terminated in the telephony network (Subscriber who at the moment of receiving the call is not using “Чи Гап” application).

2.8. Chat – the mean of exchange of instant messaging in real-time through a computer connected to a network as well as software which lets such communication.

2.9. Account number — register of analytics in the IDBC of the Operator, intended to show in the account the operations on provisioning communication services to the Subscriber and his/her payments.

2.10. Login – Subscriber number and Password intended to log in to “Чи Гап” application.

2.11. Subscriber’s account – a record in the database of the “Чи Гап” application platform, containing information about Subscriber, including but not limited to Login information.

2.12. Blocking – suspension of the access of the Subscriber to “Чи Гап” application by the Operator, including but not limited to situations, when there is insufficient funds in the Subscriber’s account to use “Чи Гап” application, or submission of incorrect, false, incomplete information in the Subscriber’s profile by the Subscriber.

2.13. Status – function of “Чи Гап” application, which allows seeing Subscriber’s status: “Online”, “Offline”, “Away”, “Invisible”, etc. Subscriber can manually choose the status or it will automatically change.

3.1. “Чи Гап” application allows Subscriber to use the following functions:

• Make outgoing or accept incoming IP-to-IP voice and video calls;

• Make outgoing or accept incoming to/from telephony networks (SIP IN и SIP OUT);

• Exchange instant messaging through IP-to-IP chats;

• Add or edit personal information;

• Search other Subscribers using “Чи Гап” application by their personal information;

• Manage status in “Чи Гап” application;

• Install “Чи Гап” application updates from the Operator’s resource;

3.2. Availability of functionality depends, including the presence of the status of the other Subscriber, availability of phone number in the address book, as well as availability of the “Чи Гап” application in the device of the other Subscriber.

3.3. Functionality of “Чи Гап” application may vary at the discretion of the Operator any time about which Subscribers shall be notified through AppStore or Operator’s website.

4.1. This Agreement is valid until terminated by the Subscriber or by the Operator. Subscriber may terminate this Agreement with the Operator at any time or stop using “Чи Гап” application at Subscriber’s discretion.

4.2. In turn, Operator may terminate this Agreement with the Subscriber at any time, temporarily or permanently deprive Subscriber to use “Чи Гап” application under the following conditions:

4.2.1. subscriber breaches the terms of this Agreement;

4.2.2. if Operator has reason to believe that the use of “Чи Гап” application by the Subscriber violates the laws or the rights of the third parties;

4.2.3. if Operator has reason to believe that the other party is trying to use "Чи Гап" application in bad faith for mercenary purposes;

4.2.4. if Operator has reason to consider that the Account of the Subscriber is used by the third parties for fraudulent purposes;

4.2.5. immediately, if it is necessary in view of changes in the legislation and (or) regulations of authorized regulatory bodies of the Republic of Tajikistan;

4.2.6. if Operator’s Subscriber submitted incorrect, false, incomplete information during registration in “Чи Гап” application;

4.3. All materials posted, sent or received by the Subscriber using "Чи Гап" application, including, but not limited to the status message, photos, videos and other communications, collectively referred to as "Subscriber Materials". Such Subscriber Materials can be posted and published by the Subscriber within "Чи Гап" application, and may be visible to other Subscribers of "Чи Гап" application. Subscriber acknowledges and agrees that any Subscriber Material can be viewed by other subscribers who have Subscriber assigned phone number and Subscriber installed "Чи Гап" application on his/her device.

4.4. Operator does not guarantee confidentiality on any Subscriber Materials. Subscriber bears full responsibility for his/her own Subscriber Materials, and for the consequences of their publications. Subscriber Materials do not reflect a position of Operator and/or the relation to them, and the Operator does not give guarantee about reliability, accuracy or legal status of any Subscriber Materials.

4.5. During the use of the “Чи Гап” application, the Subscriber can encounter information contents of which may be deemed as offensive, indecent, or undesirable by the Subscriber. Nevertheless the Subscriber agrees to use “Чи Гап” application based on his/her own risk, and Operator shall not be liable to the Subscribers for the contents that may be deemed as offensive, obscene or undesirable.

4.6. Operator is not responsible for the availability of "Чи Гап" application for use in any place. Subscriber uses the "Чи Гап" application on their own initiative and is responsible for compliance with any applicable laws. The Operator reserves the right to make changes, suspend, delete or block Subscriber using “Чи Гап” application at any time at breach of the terms of this Agreement by the Subscriber and/or according to the order of the appropriate authorized governmental units of the Republic Tajikistan.

5. BILLING

5.1. “Чи Гап” application provides billing of SIP OUT calls as they occur in accordance with the tariffs of the Operator published on the official web site of the Operator.

5.2. SIP IN voice and video calls, IP-to-IP chats in “Чи Гап” application is not billed, except the fee for data transfer in accordance with the tariff plan of the Subscriber at the time of use of “Чи Гап” application.

5.3. Charging in “Чи Гап” application is made from the Account number which is assigned to the Subscriber according to the existing tariffs. “Чи Гап” application tariffs are available in the Operator’s website.

5.4. If Subscriber makes SIP OUT conference calls with several Subscribers simultaneously, such calls are billed according to the number of calls (number of Subscribers on the conference), in accordance with the tariffs of “Чи Гап” application.

5.5. Operator reserves the right to make changes to the tariffs of “Чи Гап” application at any time with the prior notice to the Subscriber. Subscribers can find such changes in the Operator’s website.

5.6 Operator reserves the right to offer some and/or all functionality of the “Чи Гап” application for free within the determined period.

6. REGISTRATION PROCEDURE IN “Chi Gap” APPLICATION

6.1. Subscriber downloads “Чи Гап” application from the Operator’s website or from AppStore.

6.2. Subscriber installs “Chi Gap” application to the Subscriber’s device according to the installation instruction;

6.3. Subscriber with the active Subscriber number needs to indicate his/her active Subscriber number according to the instruction and accept the terms of this Agreement.

6.4. Subscriber without the active Subscriber number needs to go through registration process after which Subscriber number and Login will be assigned to the Subscriber.

6.5. In order to receive Subscriber number and Login, Subscriber must:

6.5.1 Fill in following mandatory fields related to the Subscriber’s profile:

• Full name;

• Current passport number;

• Date of birth;

• Active number entered in international format, or any valid email address to receive Login information;

6.5.2 Upload scanned copy of the current passport – copy must have appropriate quality and resolution in the prescribed format.

6.5.3 Familiarize himself/herself with this Agreement and accept the terms of this Agreement by choosing “Accept” option in “Чи Гап” application;

6.6. After passing the registration process in accordance with the Paragraph 6.3 or 6.4-6.5, Subscriber receives Login information to the provided active mobile phone number or to Subscriber number, or email address. Entering Login information allows the Subscriber to finish registration and start using “Чи Гап” application.

6.7. If during registration process any of the field was filled in a format other than the required, the Subscriber will be offered to go through the registration process once again in order to receive Login information. In case of failure to meet requirements of filling obligatory fields and/or providing false information by the Subscriber, Operator reserves the right to deny registration or Block the Subscriber.

6.8. Assigning number to the Subscriber in the registration process means that the Subscriber agreed to the conditions of the current Agreement on provision of services and assignment of Subscriber number(s), which is available on the Operator’s website.

6.9. Subscriber is solely responsible for the information provided in the Subscriber’s profile in accordance with applicable legislation of the Republic of Tajikistan.

7. CONCENT FOR THE USE OF DATA

7.1. Operator receives, gathers Subscriber’s "Чи Гап" application usage information, including Subscriber’s personal information in accordance with the terms of the Privacy Policy approved by the Operator.

7.2. By using “Чи Гап” application, Subscriber agrees that Operator may gather and use technical and relevant information, including but not limited to technical information about Subscriber’s device, operating system and software and peripherals which are used by the Operator for provision of updates/changes to the functionality of “Чи Гап” application, provision of technical support for “Чи Гап”, and provision of other services related to the “Чи Гап” application (if such services are available).

8. AMENDMENTS TO THIS AGREEMENT

8.1. From time to time, Operator may make amendments to the terms of this Agreement. Changes are published in the Operator’s website and shall enter into force on the date of their publication.

8.2. Subscribers are notified of the amendment or termination of this Agreement by publication on the operator's website ten (10) days prior to the entry into force of such changes. This Agreement shall be deemed amended or canceled on the date specified in the corresponding notice.

8.3. If Subscriber does not send protest note to the Operator within 10 (ten) working date from the moment of publication of changes of the Agreement, and/or after the the introduction of such changes, the Subscriber continues using “Чи Гап” application, such changes are deemed accepted by the Subscriber.

9. SUBSCRIBER RESPONSIBILITY

9.1. Subscriber is responsible for all activities that occur in the Subscriber's account and Subscriber agrees to immediately notify Operator of any unauthorized use of the Subscriber's number or any security breach in relation to the Subscriber's account. Operator is not responsible for any loss that Subscriber may incur as a result of using the "Чи Гап" application, with or without the knowledge of the Subscriber.

9.2. Subscriber shall not:

9.2.1. intercept or listen to, disrupt or interfere with any information exchange that is not intended for the Subscriber;

9.2.2. use any software code - "viruses", "Trojan horses", "worms", "time bombs" and ete., designed to distort, delete, damage, or simulation or violation of "Чи Гап" application integrity;

9.2.3. distribute bulk commercial messages without the concent of the recipients (also known as “SPAM”), which is banned by the relevant provisions of the existing legislation or to use “Чи Гап” application for “phishing” (“phishing” of valuable information), “farming” (redirection of the internet traffic to specific websites), impersonating a person or create a false impression to the relationship with the other person or entity;

9.2.4. to send to other Subscribers materials of offensive content or materials potentially dangerous to minors, obscene materials or other undesirable character;

9.2.5. to use or make attempts of use “Чи Гап” application to create obstacles or inconveniences to the third parties, for expressing threats or invasion of privacy of third parties

9.2.6. to use Subscriber materials to which the third parties have the property right, except for cases when the Subscriber has a license or permission of the person having such rights;

9.2.7. to use “Чи Гап” applications for collecting any identifying information, including names of other Subscribers; 9.2.8 to influence or try to influence availability and functionality of the “Чи Гап” application, in particular, by means of attacks of DOS (denial of service – refusal in service) or DDoS (distributed denial of service – the distributed refusal in service).

10. TERMS OF REFUND

10.1. If the Subscriber believes that the calls made by the "Чи Гап" application were billed by the Operator incorrectly, Subscriber has the right to file a written statement to the Operator within 30 (thirty) calendar days after such charge has occurred. Claim for refund payments are not considered after 30 (thirty) calendar days from the charged date.

10.2. Operator reserves the right to reject the claim for return of money if there is reasons to believe that: (a) the Subscriber is trying to unfairly take advantage of the refund policy, for example, Subscriber submits several claims on refund of money for the same claimed payment; (b) the Subscriber violates conditions of this Agreement; (c) according to the available information to the Operator, the Subscriber uses "Чи Гап" application for fraudulent purposes, or if the subscriber account is used by a third party for fraudulent purposes.

11. PROPRIETARY RIGHTS

11.1. "Чи Гап" application, including the Operator's website, as well as "Чи Гап" trade mark, and copies thereof are protected by copyright and other applicable intellectual property laws.

11.2 .The operator owns the name, copyright and other intellectual property rights for «Чи Гап» application and all copies, modifications and their derivatives, and the main software (including any Subscribers' reviews of «Чи Гап» application).

11.3. Specified in the 13th condition, in terms of third-party software license rights are reserved. To agree the software license, you agree to abide the terms of 13th condition refers to a specified software license.

12. DISPUTES AND RESOLUTION

12.1. All disputes between the Subscriber and Operator under this Agreement shall be resolved through negotiations. If Parties are unable to resolve disagreements, disputes shall be submitted to the economic courts of the Republic of Tajikistan in accordance with the current legislation of the Republic of Tajikistan.

13.THIRD PARTY SOFTWARE

13.1. In this software, there is third party software used under the license terms specified in the following software:

http://qt.nokia.com/products/licensing/licensing

contact@teluu.com

it@argela.com.tr

http://www.openssl.org/source/license.html

http://www.apache.org/licenses/LICENSE-2.0

http://srtp.sourceforge.net/license.html

http://portaudio.com/license.html

http://www.speex.org/docs/manual/speex-manual/node15.html

http://www.pjsip.org/licensing.htm

http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html