License Agreement
This agreement (the "Agreement") sets out the terms of use of the WHOTAM software (the "Software") and the services of the website https://whotam.com (the "Website"), and constitutes a public offer by PAYMASTER TECHNOLOGIES ELEKTRONIK PAZARLAMA DIS TICARET LIMITED SIRKETI, Merkez Mah. Kagithane cad. A, office No 11/61 Kagithane/Istanbul/TURKEY, Registration Number: 451893-5 (the "Rightholder"), addressed to persons wishing to obtain the right to use the Software and the Website services under a non-exclusive license (the "Users"). By accessing the Software and/or the Website services, the User is deemed to have acceded to this Agreement and accepted its terms, as well as the terms of the Rightholder's Privacy Policy.
By using the Software and/or the Website services, the User confirms that they have full legal capacity to enter into the Agreement without the need to obtain any additional permissions or approvals.
1. Subject of the Agreement
The Rightholder grants a non-exclusive license to use the Software and the services of the website https://whotam.com (the "Website").
The non-exclusive license is granted for the term of the Agreement throughout the world.
The Software is intended for exchanging reviews of phone numbers of organizations and individual entrepreneurs in order to determine the level of User trust in a phone number and to save time spent on unwanted contacts.
The non-exclusive license to the Software is granted to the User for the purpose of exchanging reviews of subscribers' phone numbers, determining the User's level of trust in a phone number, and for other purposes provided for by this Agreement.
2. Rights of the Rightholder
The Rightholder may:
2.1. Modify, refine and update the Software and the Website services without the User's consent or notice, including changing domains and subdomains.
2.2. Impose any restrictions on the use of the Software and the Website services.
2.3. Send the User messages, notifications, requests, and advertising and informational materials, including about the Software and the Website services.
2.4. Carry out maintenance work that results in suspension of the Software and the Website services.
2.5. Immediately block the Software and the Website services in the event of:
a) detection of a breach of the Agreement by the User;
b) detection of a breach of applicable law by the User;
c) receipt of a claim from third parties that the User has infringed their rights;
d) receipt of relevant demands from government authorities.
2.6. The Rightholder may refuse to provide the Software and the Website services to a User if the Rightholder suspects that the User has violated or intends to violate the law or the rights and freedoms of third parties, or creates any kind of threat to the Software and the Website services.
2.7. The Rightholder may decide to restrict the User's access to the Software directory if there are grounds to believe that the User has breached the terms of its use. In doing so, the Rightholder will be guided by its own interests in maintaining a high business reputation and protecting its intellectual property rights.
3. Rights of the User
3.1. To use the Software and the Website services for the purposes and in the manner provided for by this Agreement.
3.2. In the event of technical problems with the Software and the Website services, or if the User receives messages that are unsolicited advertising or contain materials prohibited by this Agreement, including threats or files suspected of containing viruses, or if the User discovers facts giving grounds to believe that their access to the Software and the Website services has been used by someone without authorization, the User may contact the Rightholder to clarify the situation and take the necessary measures.
4. Obligations and Warranties of the User
4.1. When using the Software and the Website services, the User must not infringe the rights and freedoms of third parties, including the Rightholder's intellectual property rights in the Software and the Website services.
4.2. By uploading their own content when using the Software and the Website services, the User grants the Rightholder the right to store and process such content for the purpose of performing the Agreement, including ensuring the proper operation of the Software and the Website services and the absence of failures.
4.3. The User warrants that the content they upload does not infringe the rights of third parties, including rights to intellectual property and equivalent means of individualization and rights to information constituting a trade secret, does not harm the honor, business reputation or dignity of third parties, and does not violate national or international law. The User is solely responsible for the content they post.
4.4. The User undertakes to use the Software and the Website services only in accordance with the Rightholder's Privacy Policy.
By using the Software and the Website services, the User warrants that they:
- will use the Software and the Website services only in accordance with the Rightholder's Privacy Policy. This Agreement implies that the User assumes all risks, obligations and costs (including legal costs) that may result from a breach of this Agreement. The Rightholder is not obliged to monitor content provided by the User, but has the right to do so. The Rightholder also has the right to remove any content or prohibit the use of the Software and the Website services if it considers that there are grounds to believe that the User has breached the Agreement;
- will not use the Software and the Website services in any way that disrupts their operation or restricts access to the Website services in any way;
- will not use the Software for fraudulent, criminal or other unlawful or immoral purposes, or send any information that is unlawful, offensive, obscene, defamatory or threatening, infringes copyright or trademark rights, damages reputation, violates privacy or any other right.
5. Prohibited Actions
The User may not:
5.1. Use the Software and the Website services in ways not expressly provided for by this Agreement and/or by the Software and the Website services themselves.
5.2. Modify, adapt, translate or create derivative works based on the Software and the Website services, or integrate the Software and the Website services or their elements into other works.
5.3. Attempt to circumvent technical restrictions set by the Software and the Website services.
5.4. Export the Software and the Website services in breach of the Agreement.
5.5. Use the Software and the Website services to publish, distribute, store or transmit in any form content that:
a) is unlawful, harmful, threatening, defamatory, incites violence against any person or group of persons or cruelty to animals, calls for unlawful activity, including explaining the use of explosives and other weapons, violates generally accepted standards of decency and morality, contains obscene language, promotes hatred and/or discrimination, or contains negative and critical statements concerning religion, politics, race, ethnicity, gender, personal qualities, abilities, sexual orientation or appearance of third parties, or insults specific persons or organizations;
b) may be perceived as propaganda of particular political or religious views, non-traditional sexual orientation, violence, or the use of drugs, alcohol and tobacco;
c) violates the rights of minors;
d) infringes the rights of third parties to intellectual property and equivalent means of individualization or rights to information constituting a trade secret, harms the honor, business reputation or dignity of third parties, or violates national and international law;
e) contains information not permitted for disclosure;
f) contains malicious software (viruses, worms, trojans or other computer code, files or programs) designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment (or parts thereof), to gain unauthorized access, or to gain access to commercial software by providing serial numbers, logins, passwords, programs for generating them and other means of unauthorized access to paid resources, as well as links to such information;
g) is spam, i.e. messages of a commercial or non-commercial nature sent without the recipient's consent (including but not limited to): advertising of goods whose circulation is prohibited or restricted under applicable law; messages of a social and/or religious-mystical nature calling for further distribution ("chain letters"); lists of other people's email addresses; pyramid schemes and multi-level (network) marketing (MLM); referral links; online earning systems and online businesses;
h) violates applicable law or international law;
i) may be used for the unlawful collection, storage and processing of other persons' personal data.
5.6. Use the Software and the Website services to:
a) disrupt the operation of the Software and the Website services, including by placing elements that hinder real-time information exchange, open additional browser windows, replace functional interface elements, etc.;
b) post links to resources whose content contradicts applicable law and international law;
c) disseminate false information about their affiliation with the Rightholder and/or its partners;
d) assist any activities aimed at violating the restrictions and prohibitions imposed by the Agreement or applicable law.
6. Personal Data
6.1. The Rightholder processes the User's personal data for the purpose of performing the Agreement in accordance with applicable law, in particular Federal Law No. 152-FZ "On Personal Data" of 27.07.2006 and the General Data Protection Regulation (GDPR).
6.2. The Software and the Website services do not process personal data collected by the User and only provide computing capacity that the User may use to collect data.
6.3. If the User processes personal data of third parties, the User is solely responsible for complying with appropriate personal data protection measures under applicable law, including Federal Law No. 152-FZ "On Personal Data" of 27.07.2006, the General Data Protection Regulation (GDPR) and other laws and regulations, including obtaining the relevant permissions and posting the necessary documents and information.
6.4. The Rightholder prohibits third parties from using information contained in the Software databases or posted on the Website for any commercial purposes, including marketing and commercial mailings by fax, post, email or through commercial agents/representatives or electronic intermediaries.
7. Liability
7.1. The Rightholder is not liable for the User's direct or indirect lost profits.
7.2. The Rightholder's liability under the Agreement may not exceed the cost of the Software and/or the Rightholder's services paid for by the User.
7.3. If claims, demands and/or lawsuits are brought against the Rightholder for infringement of third-party rights arising from a breach of the User's warranties, the User undertakes to settle them and to compensate the Rightholder for any damage incurred.
7.4. The Rightholder is not liable for:
a) inability to use the Software and the Website services for reasons beyond the Rightholder's control;
b) any actions and/or omissions of providers of services, networks, software or equipment;
c) distortion, alteration or loss of content;
d) the security of the User's login and/or password;
e) unauthorized and/or unlawful use of the User's login and/or password by third parties;
f) damage that may be caused to any devices, storage media and/or software of the User as a result of using the Software, the Website services and/or the Rightholder's services;
g) the speed of operation/loading of the Software and the Website services on the User's device.
7.5. By using the Software and the Website services, including writing reviews and comments, the User is responsible for all materials they add to the Software directory. By leaving a review, the User bears full responsibility for the accuracy, lawfulness and reliability of the information provided. The User bears sole responsibility for providing false, misleading, inaccurate or unlawfully obtained information and any materials referred to in it.
7.6. The Rightholder is not liable for the User's attempts to view the content of websites linked to in any of the materials.
The Rightholder does not guarantee and is not liable for the reliability of any materials contained in or distributed through the Software directory, or for the reliability of reviews provided by Software users.
7.7. The User hereby confirms that use of the Software, the Website services and any materials is entirely at the User's own risk, and the Rightholder will not be liable for any loss of data, loss of profit or other damage resulting from the use of the Software and the Website services.
7.8. The Rightholder will make every effort to ensure that the information in the Software directory is accurate; however, the Rightholder does not control the accuracy of such information, gives no guarantee as to its accuracy, bears no responsibility for it, and is not responsible for the relevance, value, content, quality or lawfulness of such information or for copyright compliance in it. If information proves to be erroneous, the Rightholder will not be liable for any results, damage or losses arising from such error.
7.9. The Rightholder shall in no way be liable for direct and/or indirect, and/or actual, and/or incidental, and/or punitive damages; loss of information, revenue or profit; any property damage or harm; or any third-party claims in connection with the use of materials, regardless of the legal grounds for such claims, including claims for compensation of any damage caused in connection with any error, omission, virus, delay or interference with business or services, non-performance of obligations, communication interference, hacking or unauthorized access to the Software; the Rightholder shall not be liable for any damage caused in connection with any malfunctions.
8. Term of the Agreement
8.1. The Agreement is effective from the moment of acceptance until the use of the Software and the Website services ceases, including due to a breach of this Agreement.
8.2. After the service/use of the Software and the Website services is terminated due to a breach of this Agreement, the User may not use the materials and services of the Website, or the Software and its elements, in any way. Exported Software must be deleted.
9. Dispute Resolution
9.1. All disputes or disagreements arising between the Parties in connection with the performance of the Agreement shall be resolved through negotiations.
9.2. If the Parties fail to reach agreement, disputes and disagreements shall be resolved through a claims procedure. The deadline for responding to a claim is 5 days.
9.3. If agreement cannot be reached, the dispute may be referred to a court at the Rightholder's location.
9.4. The applicable law is the law of the Russian Federation.
10. In-App Purchases
The purchase policy for paid plans is set out at https://whotam.com/foruposts/purchase-policy.
10.1. Payment is made by one of the following methods available to the User in the Software interface or on the Website:
a) through the App Store (Apple Inc.) or Google Play (Google LLC);
b) by bank card or another available method on a payment page opened in the Software interface or on the Website and provided by the Rightholder or a payment service engaged by it.
10.2. Payment made by the method specified in subclause "b" of clause 10.1 is a one-time payment. No automatic renewal or subsequent charges are made without the User's separate express consent. The User's payment method is not stored for subsequent charges. To extend access after the paid period expires, the User makes a new payment on their own.
10.3. The right to use the Software within the scope of the paid plan is granted to the User upon receipt of payment. From that moment, the Rightholder's obligations to grant the right of use are deemed fulfilled, and the fee paid is non-refundable, except in the cases expressly provided for in clauses 10.5 and 10.6 of the Agreement.
10.4. For payments made by the method specified in subclause "a" of clause 10.1, refunds are made exclusively by the relevant app store in accordance with its own rules. The Rightholder has no technical ability to refund such a payment itself. To obtain a refund, the User must contact the app store directly.
10.5. For payments made by the method specified in subclause "b" of clause 10.1, the User may cancel the paid access and request a refund within 7 (seven) calendar days from the payment date, provided that both of the following conditions are met:
a) the request is submitted in the manner set out in clause 10.8;
b) during the paid period, the User has not used the paid functionality of the Software for more than 5 (five) operations.
An operation means any use by the User of the paid functionality of the Software made available as a result of payment. If this limit is exceeded, the right to a refund under this clause does not arise.
10.6. Regardless of the period set out in clause 10.5, for payments made by the method specified in subclause "b" of clause 10.1, a full refund is made in the following cases:
a) an erroneous duplicate charge for the same access period;
b) a charge in an amount different from the amount shown in the Software interface or on the payment page at the time of payment;
c) technical inability to use the paid functionality of the Software for reasons attributable to the Rightholder, if not resolved within 10 (ten) business days from the User's request.
10.7. No refund is made if the paid functionality of the Software is available and working, and the User's request is based on:
a) subjective dissatisfaction with number identification results, the content of other users' reviews, or the completeness or relevance of the Software directory;
b) the absence of information about a specific phone number in the Software directory;
c) non-use of the paid access;
d) failure to review the plan terms and price before payment;
e) specifics of the operation of the User's device, operating system or communication network, including restrictions imposed by the device manufacturer or the network operator;
f) termination of the User's access to the Software on the grounds set out in section 2 of the Agreement.
10.8. A refund request is sent to support@whotam.com and must contain: the date and amount of the payment, the payment method, the last four digits of the card number or another payment identifier, the account identifier or phone number used to register in the Software, and a description of the grounds for the refund.
10.9. A refund request is considered under the claims procedure set out in section 9 of the Agreement. A response is sent to the User within the period set out in clause 9.2 of the Agreement, counted from the moment the Rightholder receives the complete set of information required by clause 10.8. If the decision is positive, the funds are transferred to the same payment method used for the payment within 10 (ten) business days from the date the response is sent. The time for funds to be credited to the User's account is determined by the bank servicing the User's payment method and does not depend on the Rightholder.
10.10. Before contacting a bank, payment system or other organization to dispute a payment, the User shall contact the Rightholder in the manner set out in clause 10.8 and give the Rightholder the period set out in clause 10.9 to resolve the issue. This condition does not limit the User's rights under the rules of payment systems and applicable law.
10.11. Upon receiving notice of a payment dispute, the Rightholder may provide the bank, payment system and other authorized organizations with information confirming that the User was granted the right to use the Software, including the date and details of the payment, the account identifier, the date and time of activation of the paid functionality, information on the extent of use of the paid functionality, information about the device and IP address from which the payment was made, and correspondence with the User regarding the refund request.
10.12. While a disputed payment is under review, the Rightholder may suspend the User's access to the paid functionality of the Software. If funds are refunded as a result of the dispute, access to the paid functionality ends on the refund date.
10.13. Disputing a payment after actually using the paid functionality of the Software, or disputing a payment after receiving a refund under this section, constitutes grounds for restricting the User's access to the Software under clause 2.7 of the Agreement.
10.14. A receipt (or other document confirming payment) for each payment and refund made by the method specified in subclause "b" of clause 10.1 is sent to the email address or phone number provided by the User in accordance with applicable law.
10.15. A trial or promotional period, if provided, is free of charge. When such a period ends, access to the paid functionality of the Software ends automatically, and no funds are charged.
10.16. All disputes relating to payments and refunds are resolved in the manner set out in section 9 of the Agreement, subject to the specifics established by this section.
11. Final Provisions
11.1. All actions performed in the personal account are deemed to have been performed by the User personally.
11.2. The User is solely responsible for:
a) keeping their login and password secure;
b) the consequences of losing and/or disclosing their login and password to third parties.
11.3. The Software and the Website services are provided "as is".
11.4. The User assumes all risks associated with the use of the Software, the Website services and the services.
11.5. The Rightholder gives the User no express or implied warranties regarding the Software, the Website services and the services, including (without limitation) fitness for a particular purpose, safety and security, accuracy, completeness, performance, system integration, uninterrupted operation, absence of errors, correction of defects, absence of viruses, or lawfulness of use in any territory outside the Russian Federation.
11.6. The Rightholder gives no warranties regarding server availability. The User assumes the risk of loss associated with interruptions in the operation of the Software and the Website services and loss of content.
11.7. The Agreement may be amended or supplemented by the Rightholder at any time without notice to the User. The new version of the Agreement takes effect from the moment it is posted on the Website.
11.8. Continued use of the Software and the Website services after amendments and/or additions to the Agreement means the User's acceptance of and consent to such amendments and/or additions.
11.9. The Agreement is governed by and construed in accordance with the law of the Russian Federation. Matters not regulated by the Agreement are resolved in accordance with the law of the Russian Federation.
11.10. If any provision of the Agreement is held void under the law of the Russian Federation, the remaining provisions remain in force, and the Agreement shall be performed by the Parties in full without regard to such provision.
12. Rightholder Details
Full name: PAYMASTER TECHNOLOGIES ELEKTRONIK PAZARLAMA DIS TICARET LIMITED SIRKETI
Address: Merkez Mah. Kagithane cad. A, office No 11/61 Kagithane/Istanbul/TURKEY
Registration Number: 451893-5
Email: support@whotam.com