Terms of Service for End Users

These Terms of Service for End Users (the ”Agreement“ or ”Terms of Service“) constitute a legally binding agreement made between ViGram (“ViGram”, “we”, “us” or “our”) and you, our user (“you” or “your”).

This Agreement governs your use of our online video hosting and distribution services (collectively, the “Services”) through our own application within Telegram Platform (“ViGram App”, “Our Application”) and your viewing of video content (“content”) from Our Application.

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SERVICES.

PLEASE NOTE, SINCE OUR APPLICATION IS LANDED WITHIN TELEGRAM PLATFORM, WE ASSUME THAT YOU HAVE CAREFULLY READ AND AGREE TO BE BOUND BY TELEGRAM TERMS OF SERVICE FOR MINI APPS (https://telegram.org/tos/mini-apps),  TELEGRAM TERMS OF SERVICE FOR BOTS (https://telegram.org/tos/bots), TELEGRAM TERMS OF SERVICE FOR TELEGRAM STARS (https://telegram.org/tos/stars) AND TELEGRAM TERMS OF SERVICE (https://telegram.org/tos/).

1. Acceptance

1.1. By creating an account, viewing the available content or otherwise visiting or using Our Application, you accept this Agreement and agree to enter into an electronic contract with us.

1.2. If you are a legal entity other than an individual, a person who registers an account or otherwise uses Our Application, you must have the right to bind the legal entity and must use a Telegram Account owned or controlled by that entity.

Corporate and other organizational users must publicly display the legal name of their entity on their public account profile.

In this context, “you” means both the legal entity and each person entitled to access the account.

1.3. We may update this Agreement by posting the updated version on Our Application. By continuing to use Our Application, you agree to any revised Agreements.

2. ViGram App and Content

2.1. In accordance with the terms of this Agreement, we provide you with access to Our Application. This includes the right to use all the features of Our Application that we can provide. We may change the features available to you from time to time.

Access to content may be limited for each piece of content available through the Our Application, and you agree to abide by such restrictions. You are not guaranteed the continued availability of any content available through the Our Application, and you agree that any content may be removed from the Our Application at any time without prior notice. Permission to view the content can be revoked at any time for any reason. Upon revocation or termination of permission, you must immediately stop viewing the content.

2.2. You must comply with the following conditions:

- You will not reverse engineer or decompile Our Application.

- You will not scan or extract data from the content available in Our Application without our prior written consent.

- You will not modify the videos available in Our Application

Access to a specific type of content may be provided to you subject to payment for access to the relevant content within the period specified at the time of purchase.

3. Accounts

3.1. You can create an account to use certain features that we offer. To do this, you must use your Telegram Account. By creating an account, you agree to receive notifications from ViGram, including promotional emails.

3.2. To create an account or otherwise use Our Application, you must be at least 16 years old or the appropriate age of majority in your jurisdiction, whichever is greater. If you want to use the ViGram App for commercial purposes, you must be at least 18 years old. Persons under the appropriate age can use Our Application only through the account of a parent or legal guardian and with their participation. Before continuing to use the ViGram App, ask that person to read this Agreement with you and agree to it.

3.3.  By granting your child permission to use the ViGram App through your account, you agree and understand that you are responsible for monitoring and controlling your child's use. If you believe your child is using your account and does not have your permission, please contact us immediately so we can turn off access.

3.4. You are responsible for all activities that occur under your account, including unauthorized activities. You must keep your credentials confidential. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

4. Acceptable Use Policy

4.1. You must ensure that your use of the ViGram App and your behavior is in accordance with the Acceptable Use Policy set out in this Section 4. ViGram may (but is not required to) control your account and behavior, regardless of your privacy settings. ViGram may take all necessary actions to protect its rights, including suspension or termination of your account.

4.2. You may only use Our Application to view content that may be removed or modified in accordance with our copyright policy. Content may not be available for viewing on all devices or in all regions.

4.3. By using Our Application, you may not:

- use an offensive pseudonym (for example, obscene language) or an avatar (for example, containing a picture of a nude body);

- use profanity and extremist materials in the comments to videos and broadcasts;

- act fraudulently or impersonate any person or organization;

- stalk or spy on any person;

- harm or exploit minors;

- distribute "spam" in any form or use misleading metadata;

- collect personal information about others;

- gain access to someone else's account without permission;

- engage in any illegal activity;

- resell views of any content;

- allow others to log into your account in order to view content;

- use means of payment belonging to a third party; or

- encourage others to do any of the above.

4.4. You are prohibited, except as provided by law or permitted by us:

- to clean, reproduce, distribute, create derivative works, decompile, reverse engineer, modify, archive or disassemble any part of Our Application; or try to bypass any of our security measures, rate limits, filtering, or digital rights management;

- send any malicious program, script or code;

- use any software to block ads;

- send an unreasonable number of requests to our servers; or

- take any other action to manipulate, interfere with or damage Our Application.

4.5. You cannot create an account if you are a member of a terrorist or extremist group. You may not purchase any goods or services from us if you reside in a country that is subject to the US Comprehensive Sanctions Program or if you are a Specially Designated Individual (SDN) designated by the US Treasury Department.

5. Intellectual Property Rights

5.1. You are not granted any rights with respect to the content available in Our Application (including, but not limited to, logo, texts and literary works, photographs, images, videos and software), other than those expressly granted by this Agreement.

5.2. You grant ViGram irrevocable permission to use your name, image, bio, trademarks, logos or other identifiers that you use in your account profile. You can revoke the above permission by deleting your account. ViGram has the right to include public profiles in its marketing and investor materials.

5.3. You grant ViGram a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform and display content that you submit in comments or other messages through online means in connection with Our Application. If you make suggestions to ViGram to improve our products or services, ViGram may use your suggestions without compensation to you.

5.4. You are prohibited from using the ViGram App for illegal use of content that infringes intellectual property rights.

6. Your Responsibilities

6.1. You hereby represent and warrant that you have the right to access the ViGram on which Our Application is available.

6.2. You will indemnify and defend ViGram and its subsidiaries, parent and affiliate companies and their and our directors, officers, employees and agents from all claims, damages, costs, obligations and expenses, including attorney's fees arising in connection with your actions or omissions, which (regardless of whether they are proven), constitute a violation of this Agreement.

7. Payments

7.1. You may select any ViGram offers available on the ViGram App, either as a one-time purchase or a subscription-based purchase.
"Subscription-based purchase" means you gain access to content in the ViGram App for a specified period, and to continue accessing the content in the ViGram App, you make recurring payments to ViGram.
"One-time purchase" or "Pay per View" means you gain access to content in the ViGram App for a single viewing by paying for that specific content.

7.2. Any purchases made within the ViGram App are non-refundable, unless otherwise provided by the Refund Policy (https://ys569skhhc.vigram.app/document/refund-policy).

7.3. The cost can include a fixed fee, as well as recurring payments for access to certain types of content. To the extent permitted by applicable law, subscriptions are automatically renewed at the end of each subscription period, unless canceled in advance. You must pay a subscription fee at the start of each renewal period. Unused subscription period does not carry over to the next period. You can cancel the automatic renewal of your subscription in your account settings.

7.4. All payments are processed by available payment systems subject to their conditions and restrictions. ViGram has the right to entrust the acceptance of payments to a third party.

8. Term and termination

8.1. This Agreement enters into force from the moment you first use Our Application and is effective as long as you use Our Application or have an account with us, whichever is longer. ViGram may terminate this Agreement at any time with thirty (30) days' written notice, and users may terminate at any time by deleting their accounts.

8.2. If you breach this Agreement, ViGram may, in its sole discretion: (a) terminate this Agreement immediately, with or without prior written notice; and (b) suspend, remove or restrict access to your account or any ability to view any content through Our Application. If ViGram deletes your account for violation, you may not re-register.

8.3. In the event of termination or expiration of the Agreement, the following sections will remain in effect: Section 6.2 (Indemnity), Section 9 (Disclaimer), Section 10 (Limitation of Liability), Section 11 (Disputes, Arbitration and Choice of Law) and Section 12 (General provisions).

9. Disclaimer of Liability

9.1. VIGRAM PROVIDES THE VIGRAM APP ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT FOR THE WARRANTIES EXPRESSLY STATED IN THE AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VIGRAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.

9.2. Among other things, ViGram does not make any representations or warranties of any kind:

- that Our Application or any part of it will be available or permitted in your jurisdiction, continuously or without error, completely secure or accessible from all devices or browsers;

- with regard to any content submitted by our users, or the actions of our users;

- that any geo-filtering or digital rights management solution we can offer will be effective;

- that Our Application will meet your business or professional needs;

- that we will continue to support any particular feature or maintain backward compatibility with any third party software or device; or

- in relation to any third party websites and resources.

10. Limitation of Liability

10.1. TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) VIGRAM WILL NOT BE LIABLE FOR ANY DAMAGES, EVEN IF VIGRAM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE GENERAL LIABILITY OF VIGRAM TO YOU, EXCEPT CONTRACTUAL LIABILITY (IF AVAILABLE), SHOULD NOT EXCEED THE AMOUNTS PAID BY YOU TO VIGRAM FOR PRECEDING 12 (TWELVE) MONTHS OR US $10, WHICHEVER IS LESS.

11. Disputes, Arbitration and Choice of Law

11.1. If you are unsatisfied with Our Application for any reason, please contact us first so we can try to resolve your concerns without the need for outside help.

11.2. Any disputes arising from this Agreement or your use of Our Application will be governed by the laws of the Republic of Cyprus.

11.3. Lawsuits related to this Agreement or your use of Our Application must be initiated in the courts of the Republic of Cyprus.

12. General provisions

12.1. ViGram reserves all rights not expressly granted by this Agreement. ViGram rights and remedies are cumulative. The absence or delay on the part of ViGram in the exercise of any right does not mean a refusal to further use this right. If any term of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that term will be limited or terminated. ViGram is not responsible for delays or refusals caused by force majeure.

12.2. Neither party is an agent, partner, or joint venturer of the other party. This Agreement binds the parties and their personal representatives and authorized successors. You may not assign this Agreement to any person whose account has been terminated by ViGram or whose registration is prohibited; any such assignment will be void.

12.3. We can provide links to other web sites and to carry out the integration with them. The operator of the website, and not ViGram, is solely responsible for its content, and your use of each such website will be governed by its terms of service. We may disable integration with any third party at any time, with or without notice. Except as expressly stated in this document, nothing in this Agreement gives any rights to third parties.

12.4. This Agreement constitutes the complete understanding of the parties and cannot be changed except in accordance with Section 1 or in a document drawn up by authorized representatives of ViGram.

12.5. This Agreement is written in English. Other language versions are for reference only.

12.6. You must send us any legal notices by email at hello@vigram.app.

13. ViGram info

Individual Entrepreneur VLADISLAV IZORIA

Legal Address: Georgia, Tbilisi, Gldani district, Gldani massive,

micro/district IV, building 109b, flat N 27