Terms of Service
These Terms constitute a public offer. By using the Software or the Website, the User accepts them in full.
1. Definitions
Software — the UniMessenger software package installed on the User's personal computer, including all of its modules, components and updates.
UniMessenger — the rights holder of the Software and the owner of the Website.
Website — the internet resource located at https://unimessenger.ru, including all of its sections and services.
Personal Account — a restricted section of the Website which the User accesses with the email address and password of their account. The Personal Account displays information about Licences, devices, orders and payments. The same account credentials are used to sign in to the Software.
User — a legally capable individual aged 18 or over, a sole proprietor or a legal entity that has accepted these Terms in its own interest or on behalf of a represented party.
Licence — a simple (non-exclusive) right to use the Software on the conditions of the selected Plan.
Plan — the set of usage conditions: Licence term, limits and the list of available features. Current Plans are published on the Website.
Services — information and consulting services provided by UniMessenger at the User's request.
Recipient — a person to whom the User sends messages using the Software.
Third-party services — messengers, social networks and other platforms the Software interacts with. Third-party services are not under UniMessenger's control and have no contractual relationship with it.
2. Formation of the contract
2.1. Offer and acceptance
Using the Software within its functional capabilities forms a contract on the conditions of these Terms in accordance with Articles 437 and 438 of the Civil Code of the Russian Federation.
2.2. Actions constituting acceptance
The User accepts these Terms by taking any of the following actions:
- clicking "Buy", "Download" or "Sign up" on the Website or in the Software, including at any stage of checkout;
- entering a confirmation code sent to the email address provided by the User;
- paying for a Licence by any method listed on the Website;
- the mere fact of using the Software or any of its features.
2.3. Confirmation
By taking these actions the User confirms that they:
- have read these Terms in full before using the Software;
- hold the rights and authority required to enter into the contract;
- accept all conditions without reservation, or undertake to stop using the Software.
2.4. Changes
UniMessenger may amend these Terms without individual notice. A new version takes effect once published at https://unimessenger.ru/en/user-agreement unless the new version provides otherwise. Continued use of the Software after publication constitutes acceptance.
3. Licence
3.1. Subject matter
UniMessenger grants the User a simple (non-exclusive) licence to use the Software for its intended purpose within the limits of the selected Plan. Exclusive rights to the Software remain with UniMessenger.
3.2. Term and territory
The Licence is valid for the term set by the Plan, worldwide, unless the law of the User's country provides otherwise.
3.3. Delivery of the Licence
UniMessenger shall activate the Licence and send the licence key to the email address provided at checkout no later than one business day after payment is received.
3.4. Prohibited actions
The User may not:
- sell, lease, transfer or sublicense the Software to third parties;
- decompile, disassemble, modify or reverse-engineer the Software, or study its algorithms other than as permitted by law;
- remove or alter copyright notices;
- distribute the Software as part of compilations or similar materials;
- circumvent the technical protection measures of the Licence or use unlawfully obtained licence keys.
3.5. Technical requirements
The User confirms that they have the technical knowledge and equipment required to run the Software. System requirements are published on the Website.
3.6. Trial version
Before purchasing a Licence, the User is provided with a free trial version of the Software to assess its functionality and compatibility with the User's equipment. The duration of the trial version and the list of products it is offered for are stated on the Website. A trial version may not be provided for certain programs and/or modules.
3.7. When the Licence is deemed delivered
The Licence is deemed delivered upon the earliest of the following: generation of a licence key and its dispatch to the User; activation of the Licence in the Software; download of the full version of the Software after payment. These events are recorded in UniMessenger's logs and confirm that UniMessenger has performed its obligation to deliver the Licence.
3.8. Licence activation and technical protection measures
The Software applies technical measures to protect the Licence. To verify that the Licence is valid and to enforce the device limit, the Software derives a technical device identifier from hardware and operating system characteristics and transmits it, together with the licence key, software version and IP address, to the UniMessenger licence server. In addition, the Software may transmit anonymised usage statistics — numeric counters only (how many messages were sent, how many times the Software was launched, how many times features were used). The messages themselves and their contents, phone numbers, contact lists and account credentials are never transmitted by the Software to UniMessenger servers. The scope, purposes and retention periods for this data are set out in the Privacy Policy. The Software cannot be used without transmitting this technical data.
4. Payment
4.1. Payment terms
Payment is made on a 100% prepayment basis unless otherwise agreed separately.
4.2. Plans and prices
Current Plans and prices are published at https://unimessenger.ru/en/pricing. Where the Website and these Terms differ, the conditions stated on the Website prevail.
4.3. Payment methods
Payment is made by bank card (MIR, VISA, MasterCard), by bank transfer, or by any other method listed on the Website. Card details are entered and processed on the secure page of the acquiring bank; UniMessenger does not receive or store the User's card details.
4.4. Time of payment
The payment obligation is deemed fulfilled once the funds are received.
4.5. Currency
Settlements are made in Russian roubles. For Users outside the Russian Federation, prices may be stated in another currency as indicated on the Website.
4.6. Term and renewal
The Licence is valid for the period paid for. There is no automatic renewal — to continue using the Software the User purchases a new period.
4.7. Changing a Plan
The User may upgrade to a higher-priced Plan. The amount due is calculated taking into account the remaining value of the current Plan, pro rata to the number of unused days.
4.8. Limits
Unused limits set by the Plan do not carry over to the next paid period.
4.9. Payment documents
A fiscal receipt is sent to the User electronically, to the email address provided, in accordance with the legislation of the Russian Federation.
4.10. Refunds
Refunds are governed by the Refund Policy published at https://unimessenger.ru/en/return-policy, which forms an integral part of these Terms. Where these Terms and the Refund Policy conflict on matters of refunds, the Refund Policy prevails.
5. Use of the Software
5.1. User responsibility
The User is solely responsible to third parties for their actions relating to the use of the Software, including where such actions infringe the rights and lawful interests of third parties, and for compliance with applicable law.
5.2. Third-party service rules
The User is responsible for reading and complying with the terms of the Third-party services — messengers, social networks and other platforms — that the Software interacts with. The User acknowledges that using automation tools may breach the rules of such services and may lead to restriction or suspension of their accounts.
5.3. Phone numbers and accounts
The User decides which phone numbers and accounts to use in the Software and ensures that they are obtained and used lawfully. UniMessenger does not supply phone numbers, SIM cards or accounts and does not act as an intermediary in obtaining them.
5.4. Recipient consent
The User sends messages via the Software only to Recipients who have consented to receiving them. The User obtains such consent at their own expense and settles any claims from Recipients or public authorities.
5.5. Credentials
The User has a single account: the email address and password provided at registration are used both to sign in to the Personal Account on the Website and to sign in to the Software. Access credentials are the necessary and sufficient information for using the Software. The User may not transfer them to third parties, is fully responsible for keeping them safe, and must notify UniMessenger immediately of any unauthorised access.
5.6. Usage restrictions
UniMessenger may impose usage restrictions on all Users or on individual categories of Users, and may change the functionality of the Software, including expanding or reducing it.
5.7. Notifications
UniMessenger may send informational messages to Users. Under Part 1 of Article 18 of the Federal Law "On Advertising" the User consents to receiving advertising messages and may opt out at any time by writing to support@unimessenger.ru.
5.8. Prohibited content
When using the Software the User may not create, place or distribute materials that:
- breach the law of the Russian Federation or the law of the Recipient's country;
- infringe third-party intellectual property rights;
- contain malicious software;
- contain calls to discrimination, obscene language or pornographic material;
- advertise prohibited goods and services, financial pyramids or narcotic substances;
- contain the special categories of personal data listed in Article 10 of Federal Law No. 152-FZ "On Personal Data";
- are false or misleading.
5.9. Suspension of access
UniMessenger may restrict or terminate the User's access to the Software if these Terms or applicable law are breached. Fees for the remaining period are not refunded in that case.
5.10. Maintenance windows
UniMessenger may carry out maintenance to update the Software and infrastructure. Such windows do not exceed 4 hours per calendar month, take place at night, and are not grounds for recalculation.
6. Intellectual property
6.1. Rights to the Software and Website
The Software, the Website, their design elements, texts, images, video, databases and other objects are results of intellectual activity protected by law. Exclusive rights belong to UniMessenger and other rights holders.
6.2. Use of materials
Materials of the Website and the Software may be used only within their functional purpose. Reproduction, copying, adaptation and distribution without the prior written permission of the rights holder are not permitted.
6.3. User content
The User retains rights to the materials they create (message texts, images, contact databases). UniMessenger does not pre-screen them and is not responsible for their content.
7. Limitation of liability
7.1. Use at own risk
The Software is provided "as is". UniMessenger does not warrant error-free or uninterrupted operation, fitness for the User's particular purposes, or the achievement of any commercial results.
7.2. No liability for consequences
UniMessenger is not liable for the suspension of the User's accounts by third-party services, deletion of channels and chats, access restrictions, data loss, damage to business reputation or lost profit.
7.3. Liability cap
UniMessenger's liability under these Terms is in any event limited to the amount actually paid by the User for the Licence during the preceding 12 months.
7.4. Updates
UniMessenger does not warrant that the Software will operate if the User does not install released updates. Tracking updates is the User's responsibility.
7.5. Third-party resources
The Website and the Software may contain links to third-party resources. UniMessenger does not review their content and is not responsible for it or for the consequences of the User accessing them.
7.6. Dependence on Third-party services
The operation of the Software depends on Third-party services — messengers, social networks and other platforms it interacts with. Those services are not under UniMessenger's control and may change or discontinue individual capabilities at any time. UniMessenger takes reasonable steps to adapt the Software to such changes but does not guarantee that a particular set of features will remain available for the term of the Licence, and is not liable for loss of functionality caused by the actions of Third-party services. The consequences for refunds are governed by the Refund Policy (https://unimessenger.ru/en/return-policy).
7.7. Conformity with the description
The Software is deemed to conform to the contract where it matches the description published on the Website. A mismatch between the functionality and the User's subjective expectations, the absence of features not stated in the product description and not agreed between the parties in writing, and the User's failure to achieve expected commercial or other results are not defects of the Software. The circumstances that are not grounds for a refund are set out in the Refund Policy (https://unimessenger.ru/en/return-policy).
8. Disputes
8.1. Pre-action procedure
A pre-action complaint procedure is mandatory. Complaints are sent to support@unimessenger.ru. The response period is 10 (ten) business days from receipt.
8.2. Governing law
These Terms are governed by the law of the Russian Federation.
8.3. Jurisdiction
Disputes not resolved through the complaint procedure are settled in court in accordance with the legislation of the Russian Federation.
8.4. Severability
If a court finds any provision of these Terms invalid, the remaining provisions remain in force.
9. Details
- Email: support@unimessenger.ru
- Website: https://unimessenger.ru