USER AGREEMENT
for use of the software product “Wannasay”
Russian Federation, Innopolis
published online at: https://demo.wannasay.org/
Effective as of 10.04.2025
1. DEFINITIONS AND TERMS
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Software Product “Wannasay” (hereinafter — the Service) |
software that enables the User to launch a set of interactive elements and other software solutions in video streams on streaming platforms for interaction with streaming platform users. The Service functionality allows the User to configure and receive Donations. All rights to the Software Product belong to the Rights Holder. Access to the Service is provided under the SaaS (Software as a Service) model via browsers or other software using web protocols. |
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Rights Holder |
Posline Limited Liability Company TIN: 1615014722, PSRN: 119169005896, Registered address: 7 Universitetskaya St., premises No. 216/4, Innopolis, Verkhneuslonsky District, Republic of Tatarstan, 420500 |
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User |
a fully legally capable individual or an individual aged from 14 (fourteen) to 18 (eighteen) years who has obtained the consent of their legal representatives in accordance with applicable law and who has created a User Account on the Service. |
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User Account |
the User’s personal section on the website through which the User accesses the Service. |
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Donation |
funds donated by Internet users to the Streamer to support the Streamer’s activities or content |
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Content |
information presented on the Internet in the form of text, graphics, audio and video files, etc. |
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Streamer |
a User who conducts video streams on third-party streaming platforms and has registered on the Service |
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Parties |
the Rights Holder and the User |
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Payment Service |
Non-bank credit institution “MONETA” (limited liability company) (Bank of Russia license No. 3508-K dated November 29, 2017), PSRN 1121200000316. |
All other terms and definitions used in this text shall be interpreted by the Parties in accordance with the legislation of the Russian Federation and the generally accepted rules of interpretation of the relevant terms established on the Internet.
2. GENERAL PROVISIONS
2.1. This User Agreement constitutes a public offer by Posline Limited Liability Company (TIN: 1615014722, PSRN: 1191690058966) (hereinafter — the Rights Holder), addressed to the persons whose requirements are defined by the term “User” set forth in Section 1 of this User Agreement, in accordance with Article 437(2) of the Civil Code of the Russian Federation.
2.2. Proper acceptance of the offer in accordance with Article 438(3) of the Civil Code of the Russian Federation shall be deemed to occur when the User registers a User Account on the Service in the manner provided for by this User Agreement. Actual use of the Service without registration of a User Account, in the form and scope available without registration, shall also constitute acceptance of the offer.
2.3. Acceptance of the offer means the User’s full and unconditional acceptance of this User Agreement without any reservations or limitations by way of accession in full.
2.4. Upon acceptance of the offer, this User Agreement shall become a contract concluded between the Parties regarding the procedure for using the Service.
2.5. If a person wishing to use the Service disagrees with any of the provisions of this User Agreement, such person shall not be entitled to use the Service and, where applicable, must immediately discontinue use of the Service and delete their User Account.
3. SUBJECT MATTER OF THE USER AGREEMENT
3.1. The Rights Holder grants the User, under a simple non-exclusive license, the right to use the Service in accordance with the procedure established by this User Agreement.
4. USER REGISTRATION
4.1. To use the Service, the User must complete the registration procedure at https://demo.wannasay.org/
4.2. Authorization on the Service is carried out through certain third-party services/platforms, namely Yandex, Twitch, YouTube, VK, and other options available for selection during registration. You agree that any collection, use, and disclosure of information about the User by such third party shall be governed by the privacy policy of the third-party service.
4.3. Upon completion of the registration procedure, the User gains access to their User Account.
4.4. The User’s personal information contained in the User Account is stored and processed by the Rights Holder in accordance with the Privacy Policy published at https://demo.wannasay.org/ .
4.5. The User consents to the processing of their personal data received by the Rights Holder for the purpose of concluding this User Agreement for the period until the applicable retention periods for the relevant information or documents containing such information expire, in accordance with the current legislation of the Russian Federation or applicable international law.
4.6. If the User registers on the website using an account from a third-party service/platform, the User agrees to and undertakes to comply with the rules of use of such service/platform.
4.7. The User shall under no circumstances be entitled to transfer access to the User Account to third parties.
4.8. The User shall independently ensure the safekeeping and confidentiality of access to the User Account.
4.9. All actions performed in the User’s Account shall be deemed to have been performed by the User personally. The User shall independently and at their own expense fulfill obligations and bear responsibility to third parties for all actions performed using their User Account.
4.10. The User is hereby informed and agrees that each time they log into the Service Account, they must carefully review the terms of this User Agreement before beginning to use the Service.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Rights Holder shall:
5.1.1. Provide the User with access to the Service in accordance with the terms of this User Agreement.
5.1.2. Provide technical support and assist the User in using the Service, including through consultations and responses to requests in the manner established by this Agreement.
5.2. The Rights Holder shall have the right to:
5.2.1. Suspend or terminate the User’s access to the Service unilaterally and without recourse to court, in the manner established by this Agreement.
5.2.2. Amend this User Agreement at any time at its sole discretion, subject to compliance with applicable law and in the manner established by this Agreement.
5.2.3. Provide the User with additional Service functionality, including on a paid basis. The procedure, cost, and other terms for providing such functionality shall be determined by the Rights Holder and may be set out either on the Service pages or in separate documents (offers, rules, agreements, etc.) posted on the Service and available for review and acceptance by the User.
5.3. The User shall:
5.3.1. Immediately notify the Rights Holder of any unauthorized access to the Service using the User’s authentication data and/or of any breach (or suspected breach) of the confidentiality of access credentials to the User Account, as well as of any malfunctions or defects in the operation of the Service. For security purposes, the User shall independently perform secure log-out from their account at the end of each session of use of the Service. The Rights Holder shall not be responsible for any possible loss or corruption of data, or any other consequences of any kind that may occur due to the User’s violation of this Agreement.
5.3.2. Immediately cease using the Platform if the User does not agree with the updated version of the User Agreement.
5.3.3. Provide the Rights Holder with accurate information sufficient to uniquely identify the User.
5.3.4. Notify the Rights Holder of any changes to the data that identify the User no later than 3 (three) business days from the date of such change.
5.4. The User shall have the right to:
5.4.1. Access the Service through the User Account 24/7, except during maintenance work on the Service.
5.4.2. Select any options they need in the User Account.
5.4.3. Receive technical support from the Rights Holder when using the Service in accordance with the procedure established by this Agreement.
5.5. The User provides the Service with the following warranties:
- The User confirms that they have legal capacity and legal competence, as well as all lawful rights and authority to enter into this User Agreement;
- The User confirms that when using the Service functionality to receive Donations, they undertake to inform their sponsors that they provide financial support voluntarily, gratuitously, without conditions, and at their own discretion;
- The content and form of the Content used by the User do not violate applicable law and/or the rights of third parties;
- The User enters into this User Agreement voluntarily, has fully reviewed its terms, fully understands the subject matter and terms of the User Agreement, fully understands the meaning and consequences of their actions in connection with entering into and performing the User Agreement, and intends to comply with its terms.
6. PROCEDURE FOR PROVIDING THE SERVICE. REMUNERATION AND PAYMENT PROCEDURE
6.1. The Service functionality enables the User (Streamer) to configure the process of receiving Donations when conducting a video stream on third-party streaming platforms from other Internet users who are viewers of such video stream (hereinafter — the Video Stream Viewer).
6.2. The Streamer sets in their User Account the amount of the Donation, upon receipt of which the Video Stream Viewer is able to use part of the Service functionality. The minimum Donation amount is 10 rubles.
6.3. Use of the Service in the manner specified in Clause 6.1 of this User Agreement is paid for by Users (Streamers).
The cost of using the Service shall be determined as follows:
- 25 (twenty-five) % of the amount of each Donation transferred to the Streamer, unless otherwise agreed by the Parties additionally, which shall be reflected in the User Account; VAT is not applicable. The Rights Holder applies the simplified taxation system and is exempt from the obligations of a taxpayer on the basis of Article 145(1) of the Tax Code of the Russian Federation.
6.4. The Streamer receives the funds sent by the Video Stream Viewer as Donations, less the cost of using the Service, in the following manner:
- the Streamer must click the “Withdraw funds” button in their Service account;
- the Streamer is then redirected to the Payment Service website to arrange the payout;
- the Streamer provides their personal data directly to the Payment Service;
- the time required for transfer of funds is determined by the rules of the Payment Service.
The transfer of funds to the Streamer is carried out only to the e-wallet or bank card linked by the Streamer in the payment service.
6.6. The Rights Holder shall not be liable for:
- malfunctions in any computer system, software, or in the operation of any Internet access service provider that may affect the accuracy or timeliness of online transmission of payment instructions;
- the operation, including malfunctions, of the payment service;
- actions beyond the Rights Holder’s control.
6.7. The Wannasay Service is not a payment service and is not responsible for payouts to Streamers made by the Payment Service.
7. LIABILITY OF THE PARTIES
7.1. The Software Product is provided on an “AS IS” basis. The Rights Holder does not guarantee the availability of the Software Product at any time. The Rights Holder gives no warranties whatsoever regarding the error-free and uninterrupted operation of the Software Product or any of its components and/or functions, the suitability of the Software Product for any specific purposes or expectations of the User, the safekeeping of the User’s files and/or data entered in the User Account, and does not provide any other warranties not expressly stated in this Agreement.
7.2. The Rights Holder shall not be liable for direct or indirect losses incurred as a result of the User’s use of the Service.
7.3. Under any circumstances, the Rights Holder’s liability in accordance with Article 15 of the Civil Code of the Russian Federation shall be limited to 10,000 (ten thousand) rubles and shall arise only if fault on the part of the Rights Holder and the amount of the User’s proven damages are established.
7.4. The Rights Holder shall not be liable for any losses incurred by the User as a result of the loss of User Account login credentials, unauthorized access to the User Account, or disclosure of User Account login credentials to third parties resulting from the User’s actions (or omissions).
7.5. Under no circumstances and to no extent shall the Rights Holder be liable for any actions performed by the User using the Service.
7.6. If the Rights Holder is held liable (including, without limitation, in the form of a fine, obligation to compensate damages/losses, etc.) in connection with the User’s actions, the User undertakes, within 5 (five) business days from the date of the Rights Holder’s corresponding demand, to reimburse the full amount of any funds claimed (as well as paid/collected) from the Rights Holder.
7.7. If the User breaches this User Agreement, the Rights Holder shall have the right to claim full reimbursement of losses incurred by it as a result of such breach, as well as compensation for all court costs and other expenses.
7.8. The Streamer bears full responsibility for interaction with the Video Stream Viewer when using the Service functionality.
7.9. Neither Party shall be liable to the other Party for failure to perform obligations caused by circumstances arising beyond the Parties’ control and will, which could not have been foreseen or avoided, including, without limitation, declared or actual war, hostilities, civil unrest, epidemics, blockade, embargo, fires, natural disasters, riots, sabotage, strikes, disruptions in telecommunications networks and the Internet, failure of Internet platforms’ networks/servers, domain name indexing errors by registrars, as well as other errors by third parties that result in the inability to provide services, enactment of restrictive regulations by state authorities of the Russian Federation, constituent entities of the Federation, or local self-government bodies; floods, earthquakes, hurricanes and other natural disasters, as well as other events beyond the reasonable control of the Parties, and unlawful acts of third parties (force majeure). The Party that fails to perform its obligation must notify the other Party of the impediment and its effect on performance within 10 (ten) business days from the date such circumstances arise.
8. DISPUTE RESOLUTION PROCEDURE
8.1. All disputes and disagreements that may arise between the Parties shall be resolved through negotiations whenever possible.
8.2. Compliance with the claims procedure for dispute resolution under this Agreement is mandatory. A claim and a response to a claim may be sent via the User Account, by email, or by registered mail with return receipt. The response period for a claim is 15 (fifteen) calendar days from the date of receipt of the claim. If the claim is not satisfied within the period specified in the claim, the Party whose rights have been violated shall be entitled to file a lawsuit in court. Disputes not resolved through the claims procedure shall be resolved at the location of the Rights Holder.
9. TERM OF THE AGREEMENT AND PROCEDURE FOR AMENDMENTS
9.1. The Agreement shall be deemed concluded for an indefinite term and shall take effect from the date of its acceptance.
9.2. The Agreement may be terminated at the initiative of either Party by sending the other Party a notice of termination of the Agreement. The Agreement shall be deemed terminated 10 (ten) days after such notice is sent. A notice of termination of the Agreement shall not be considered by the Parties as a unilateral refusal to perform obligations under this Agreement.
9.3. The Rights Holder shall have the right at any time to unilaterally amend the terms of this User Agreement, and shall also have the right to withdraw this User Agreement.
9.4. If the Rights Holder makes changes to this User Agreement, such changes shall take effect from the moment the new version of the User Agreement is posted on the Website, unless otherwise stated in the new version of the User Agreement. Continued use of the Service after the amendment of this User Agreement means the User’s unconditional acceptance of the new version.
9.5. The Rights Holder shall have the right to terminate the Agreement unilaterally and out of court immediately if:
- The User has not logged into the User Account for three (3) consecutive months;
- The User has violated the terms of this User Agreement.
- The User uses the Service to upload, send, transmit, or otherwise place information that is unlawful, harmful, threatening, defamatory, obscene, infringes copyrights or the intellectual property rights of third parties, promotes hatred and/or discrimination against persons on racial, gender, religious, or social grounds, contains insults toward specific individuals or organizations; or otherwise violates the applicable legislation of the Russian Federation or international law.
- A request has been received from state bodies, controlling, fiscal, supervisory, or law enforcement authorities.
In the event of termination of the Agreement on the above grounds, the User Account may be deactivated by the Rights Holder. In such case, the Rights Holder shall bear no liability to the User for such actions.
9.6. Termination of use of the Service shall not relieve the User of the obligation to compensate the Rights Holder for losses caused by the User’s actions, if any.
10. FINAL PROVISIONS
10.1. If one or more provisions of this User Agreement are for any reason invalid or unenforceable, such invalidity shall not affect the validity of any other provision of this User Agreement, which shall remain in full force and effect.
10.2. All requests to the Rights Holder shall be sent by email or to the postal address of the Rights Holder. The review and response period for a request is 30 (thirty) calendar days from the date of its receipt.
10.3. The Rights Holder shall be entitled to perform maintenance work on the Service and, in connection therewith, if necessary, discontinue, interrupt, suspend, or restrict the User’s access to the Service. Information about maintenance work shall be posted on the Service website.
10.4. The User shall not assign or transfer any of their contractual rights or obligations without the prior written consent of the Rights Holder. The Rights Holder shall be entitled to transfer or assign its rights and obligations under this Agreement by notifying the User.
10.5. All objects accessible through the Service, including design elements, text, graphic images, illustrations, video, computer programs, databases, sounds, and other objects, as well as any Content posted on the website https://demo.wannasay.org/, are the subject of exclusive rights of the Rights Holder, except where such Content is uploaded by the User themselves. The Rights Holder shall not be responsible for the content of the User’s Content.
10.6. The Rights Holder reserves the right to deny any person access to the Service and its use at any time without explanation or prior notice.
10.7. Access to the Service is only possible if the User has access to the Internet. The User shall independently obtain and pay for such access on the terms and at the rates of their telecom operator or Internet access provider.