Terms of Use

Telemetr.io owns, operates, and provides a Website https://telemetr.io/, Chatbotshttps://t.me/telemetr_io_bot (@telemetr_io_bot) andhttps://t.me/telemetr_io_bot(@telemetr_io_bot) in Telegram and API (collectively “Software”), as well as any other related products or services (collectively “Services”), for providing Analytics across public and private channels and groups in Telegram (“Channels”). Also, Telemetr.io has its own Telegram channel https://t.me/telemetrio_news (@telemetrio_news)

These Terms of Use (“Agreement”) constitute a legally binding agreement made between Telemetr.io and an adult (16+) natural person (“User”, “you”, “your”), whether personally or behaves on you, and describe how Telemetr.io provides Services to the User.

You agree that by accessing the Services and Software, you have read, understood, and agreed to be bound by this Agreement. If you don’t agree with this Agreement, then you are expressly PROHIBITED using the Services and Software, so you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Services and Software are hereby expressly incorporated herein by reference. We reserve the right to change this Agreement from time to time, without prior notice and your consent.

Telemetr.io is not a partner, affiliate, partner, agent, or official product of Telegram. Also, Telemetr.io does not obtain payments in favour of Telegram. Telemetr.io uses the official Telegram API according toTelegram API Terms of Service.

1. Terminology
   • Account. User profile in the Services that allows individuals to access and use the features provided by Telemetr.io.
   • Admin. Individuals or bots who have been authorized by the User to manage their Telegram Channel.
   • Analytics. In the context of Telegram, analytics involves tracking and examining subscribers’ behaviour, engagement, and other relevant metrics. This information can be used to understand audience demographics, measure performance, optimize user experiences, drive strategic improvements, etc.
   • Chatbots. Is software for Telegram, that interacts with the User, public and private Telegram groups, and channels for the purpose of providing Services.
   • Services. All services are provided via the Software to the User by Telemetr.io, which include functionality and information of the Software, Analytics, etc.
   • Software. Means Chatbots and Website together.
   • Scoring. Fraudulently increasing subscribers, reactions, views, retweets, comments, and other characteristics fraudulently. The increase can occur by purchasing bots and fakes, using special programs and abusing Telegram algorithms, paying live people for certain actions, etc.
   • Subscribers. Any natural person, chatbot, or fake account that subscribes to the User’s public and private groups and channels on Telegram.
   • User-Generated Content. Any content that is created and submitted by the User of the Services and/or subscribers of the User’s public and private groups and channels in Telegram. This content can include text, images, videos, reviews, comments, and other forms of media that are shared publicly or within a specific community.
   • Website. Refers to a collection of interconnected web pages or documents accessible through the Internet on the domain: https://telemetr.io/.
   • API (Application Programming Interface). An API is a set of rules and protocols that allows different software applications to communicate with each other. It defines the methods and data formats that applications can use to request and exchange information with different part of the Software.
2. Our Services
   Service for User with Account. The User with an Account can:
   • Verification of own Channels;
   • Displaying marks of markups;
   • Unlimited viewing of Channel information;
   • Analysis of the effectiveness of advertising placed in Channels;
   • Advertising posts;
   • Uploading data to Excel;
   • Ability to request access to the API;
   • Customize an Account and make other available settings.
   • Add Software (Only Chatbots) to his/her private and public channels and group in Telegram for Analytics.
   • Get analytical information about your Channels, and see information about your audience, including audience overlap, gender, and other characteristics.
   • Use the directory of channels and groups in Telegram.
   • Use the catalog of channels and groups in Telegram that use Scoring.
   • Give Admin access to Services and Software
   • Delete an Account.
   • To do anything possible to User without Account.
   • Use other available functionality of the Software.
   Service for User without Account.
   • Visit and get familiar with the information and functionality of the Software without registration.
   • Use the directory of channels and groups in Telegram.
   • Sign up for marketing newsletters and any other communications about Telemetr.io and the Software.
   • Contact the support service through all available channels.
   • Register an Account.
   • Subscribe on the @telemetrio_news.
   • Use other available functionality of the Software.

   Special Services. Telemetr.io may provide special services to the User such as consultations on interaction with the Software and its algorithms. The provision of such services may be governed by a separate agreement between Telemetr.io and the User.

   Moment of Services Provision. The Software provided free of charge by Telemetr.io will be available 24 hours a day, 7 days a week, except in cases of maintenance or system failure, or other technical issues. The Telemetr.io shall use reasonable efforts to provide uninterrupted and error-free Software.

   Other Services. From time-to-time Telemetr.io may add new functionality, which will be specified on the Software. The User can also use various functions available on the Software.

   Confirmation of Services Provision. Telemetr.io and the User mutually acknowledge and agree that the Software and Services provided have been delivered with a certain level of quality. Telemetr.io has made reasonable efforts to ensure that the Software and Services meet industry standards and functional requirements. By using the Software and Services provided by Telemetr.io, the User confirms that they have reviewed and agreed to the level of quality provided. Telemetr.io and the User understand that this acknowledgement does not constitute a warranty or guarantee beyond what is explicitly stated in the terms of service or any applicable service level agreements.

3. Account Registration

   The User without an Account. This type of User can use Software and Services free of charge without registration, but he has access to the limited functionality of the Software and will not be able to access most of the Services that require an Account.

   Account. The User without an Account can register an Account free of charge, which is designed for natural persons and can give access to all technically available functionality of the Software.

   Account Registration. To register an Account, the User must provide all the required information requested on the Software. Your account will be registered instantly upon completion of the registration process including the confirmation of the phone number and e-mail.

   Trustable information. When creating an Account in the Software, the User must provide true and accurate information. You must not create an account on behalf of another person or entity without their consent. You also agree to update this information promptly in the event of any changes.

   Additional Information. Telemetr.io may request additional information to verify your identity. If you refuse to provide this information, Telemetr.io may block or delete your account.

   Account Deletion. Telemetr.io has the right to delete the User's Account if the User:

   • Violates terms and conditions of the Agreement, Telegram’s policies, and all applicable laws;
   • Doesn’t use an Account within 2 calendar months.

   Third-Party access to the User’s Account. If a Third-Party gains access to the User’s Account, the User is obliged to immediately notify Telemetr.io to take appropriate measures, provided that Telemetr.io can confirm the legitimacy of the account belonging to such a specific User.

4. Acceptance of the Agreement

   Acceptance of Agreement by the User without an Account. This type of User warrants that he read, understands, and agrees with the terms of this Agreement by using the Software and Services.

   Acceptance of this Agreement by the User with an Account. By registering an Account, the User warrants that he read, understands, and agrees with the terms of this Agreement by checking the appropriate checkbox during the registration.

   Confirmation of the conclusion of the Agreement. Confirmation of the conclusion of the Agreement is the successful registration of the Account after checking the phone and e-mail. A copy of the agreement can be downloaded by the User in the Software.

5. Fees and Payments

   Paid Services. The User can obtain some Services only after subscription on paid Services according to subscription plans in the Software. The list of paid Services depends from subscription plans, which are defined in the Software.

   Price. The price of the subscriptions fees for subscriptions plans, the currencies of payment, features and limitations of subscriptions are indicated on the Software via the link. The price of the paid Services may depend on the location, time of day, and other conditions.

   Changing the Price. The price of the paid Services may be changed by Telemetr.io unilaterally on the terms specified in the Agreement or on the Software. But in any case, the final price will be available at the following link.

   Subscription Process. When the User purchases paid Services, he explicitly authorize the third-party payment service Stripe to charge them for such Services. For the avoidance of doubt, subscriptions do not include any sales by third parties. The User is responsible for all subscriptions payments made for the current subscription period.

   Cancellation of Subscriptions. The User can cancel their subscription at any time, but please note that such cancellation will only take effect at the end of the current subscription period. At the time of cancellation, the User is not entitled to a refund of any portion of the prepaid fee paid for the current subscription period.

   Payment. Payment for the paid Services is made in the form of 100% advance payment on a recurrent basis for the subscription according to the details specified by Telemetr.io.

   Payment Method. The User can pay by debit and with a credit card and any other applicable means through Stripe.

   Warranties on Payment Information. By submitting payment information, the User guarantees that all payment details provided are true, accurate, and complete.

   Recurring payment. Recurring payment is automatically made every month/year on the same day (date) as the first payment for the subscription was made. If the automatic retry of payment processing fails, the subscription is automatically canceled.

   Invoicing. A receipt or invoice issued by the Stripe confirms that the User has paid for the Services and that Telemetr.io has provided them. And, that they have no claims against each other.

   Mispayment. Telemetr.io is not liable for any mispayment resulting from the User providing incorrect payment information or the use of an unauthorized payment method.

   Refund. The User warrants that when he buys a subscription, he agrees that he is not entitled to a refund within cooling-off (usually 14 business days), because the Software and Services began to be provided before the end of this period and are consumed at the time of provision of the Service. So, the User refuses his right.

   However, the Telemetr.io can return some costs in exception cases, for example in case of faulty or wrong payment for a subscription, based on case-by-case evaluation of every individual situation which occurs.

6. Rights and Obligation

   Advertisement. The Telemetr.io has the right to distribute any advertisement using the Software.

   Behave yourself. The User agrees to use the Software only in a manner that is lawful, ethical, and respectful of others. You agree not to use the Software or any associated services to engage in any behaviour that is discriminatory, harassing, defamatory, obscene, offensive, or otherwise objectionable, whether in person, in writing, or online.

   Compliance with the law. The User must follow all the laws and rules that apply to his use of the Software. You are responsible for making sure that you don’t break any laws when he uses the Software. Telemetr.io might check to see if he is following the laws, just to make sure.

   Contest, sweepstakes, and competition. Telemetr.io has the right to hold contests, sweepstakes, and competitions under the conditions specified on the Software, social networks, and messengers of Telemetr.io and its partners.

   Promotions and Discounts. Telemetr.io has the right to hold promotions and provide discounts to the User under the conditions specified on the Website, social networks, and messengers of Telemetr.io and its partners.

   Notification. Telemetr.io has the right to send any electronic notifications, including advertising, to the User, if:

   • The User gave his consent using a special checkbox or a send-out form.
   • The User subscribed to the Telemetr.io mailing list.
   • The User has already used the services of Telemetr.io and Telemetr.io sends him an advertising notification with the subsequent opportunity to refuse such mailing in the notification itself.
   • Telemetr.io sends a technical notification to the User.

   Prohibition of fraudulent activities. Using the Software for fraudulent activities or attempting to access other users' accounts is prohibited. It is forbidden to use any methods, including, but not limited to automatic systems, for posting, commenting, or rating content to circumvent moderation rules and create fake activity on an Account.

   Subcontractors and third-party services. Telemetr.io may engage contractors, subcontractors, and partners to perform this Agreement, without additional approval from the User.

   External links in the Software. Links from the Software to other websites, applications (web, mobile, and desktop), and groups or channels in Telegram are for information only. We don’t control them and don’t accept responsibility for other websites, any materials found upon them, or any loss you suffer from using them.

   Required Documentation. The User guarantees that he concludes with his Subscribers all necessary agreements in accordance with the legislation of his country and explains to them how he processes their personal data, including through Telemetr.io.

7. End-User License Agreement

   License. Telemetr.io grants the User a personal, limited, revocable, non-exclusive, non-transferable, worldwide license during the term of this Agreement to use the Software, namely: display, view, visit, and use other functions.

   Exclusive Property Rights. All exclusive property rights to the Software, databases, data, trademarks, industrial designs, patents for inventions and utility models, and goodwill belong to Telemetr.io unless otherwise stated.

   No Assign of Exclusive Property Rights. This Agreement does not alienate any exclusive property rights in favour of the User.

   Copyright Infringement. The User is obliged to refrain from any actions regarding copying, modification, decompilation, and other actions that may be a violation of the intellectual property rights of Telemetr.io and any Third party.

8. User-Generated Content License

   License. The User grants Telemetr.io a perpetual, irrevocable, worldwide, royalty- free, non-exclusive, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User-Generated Content of the User and his Subscribers in the User’s groups and channels in Telegram by User-Generated Content, uploading any content or materials in the groups and channels in Telegram, which are connected to our Software, in connection with the operation of our Software and our business, including without limitation distribution and other uses of User-Generated Content.

   User Warranties. The User represents and warrants that he has all the rights, power, and authority necessary to grant the foregoing license and that all content or materials submitted or uploaded by him, and his Subscribers do not and will not infringe, misappropriate, or violate any intellectual property right, right of privacy or publicity, or any other proprietary right of any third party. In the absence of such rights and authorizations, the User warrants that he/she will take all possible measures within a short period of time to obtain such rights and authorizations, and if he/she fails to do so, he/she will be liable for all consequences resulting from the absence of such rights and authorizations.

   Remove Right Reservation. We reserve the right to remove any content or materials submitted or uploaded by you for any reason, including without limitation if we believe it violates this Agreement, Telegram rules, and applicable laws.

9. Copyright Infringements

   Intellectual Property Violation. If you believe that any content on our Software infringes upon your intellectual property rights or the intellectual property rights of a third party, please promptly notify us in writing via the link [email protected].

   Notification. Your notification must include:

   • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
   • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
   • Information is reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
   • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
   • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

   Answer the notification. In case Telemetr.io finds the notification legally grounded, reasonable, and containing the full necessary information, it shall make all necessary steps, as required by the applicable law. In any case, a response to your notification shall be provided within 30 business days of its receipt.

10. Disclaimer
    The Software is Licensed on an “AS IS” and “AS AVAILABLE” basis.Telemetr.io is not responsible and does not provide any warranties, express or implied, and hereby disclaims any implied warranties regarding the Software, in particular:

    • Availability in case of problems with the network, software and hardware, electricity supply of the User, and Third Parties.
    • Compliance of the name, appearance, internal structure, and functions with any expectations of the User.
    • Protection against any damage to Users, persons related to them, their property, and non-property rights from the action and/or inaction of any third parties.
    Creating a Rating for Channels and Groups that Use Scoring is Legitimate.Telemetr.io may create the Channel ranking based on specific metrics, which may be based on audience growth rate analysis, common ways to engage with groups and channels, and other metrics. The creation of such a rating does not constitute comparative advertising, misleading advertising, anti-competitive actions, or unfair business practices, because of:

    • Such a rating is not an advertisement, but a simple dissemination of information obtained by analyzing Telemetr.io. In addition, we do not receive remuneration of any kind for compiling this rating.
    • Telemetr.io is not a competitor to User with groups and channels on Telegram. We are interested in their development because we provide related services. Yes, we have our channel, but we use it exclusively to communicate with Users about our services and business.
    • If the User considers the rating result to be unreasonable, he can always write to our support team and give arguments against his inclusion in the rating. If we consider such arguments sufficient, we will exclude them from the rating.
    The Use of User-Generated Content of Subscribers is Legitimate. Telemetr.io has the right to use the User-Generated Content of Subscribers in case of:

    • We access this User-Generated Content via the official Telegram API based on the Telegram API Terms of Service.
    • The User of Telemetr.io grants the right to display User-Generated Content, including that created by their Subscribers, in their channels and groups by entering into this Agreement.
    • Telemetr.io has the right to reproduction of User-Generated Content based on paragraph 18 of the Copyright Act of Estonia.
    • Telemetr.io doesn’t change the User-Generated Content of Subscribers and provides links to it.
11. Limitation of Liability

    Telemetr.io Limitation of Liability. Telemetr.io limits its liability for breach of the Agreement, as well as for any damages (including lost profit, but not the injury of the User), to the amount of the User's payment under this Agreement. Telemetr.io is not responsible for the actions of the Users and limits its liability to third parties for losses (including lost profit), and damage caused by the User to these third parties while receiving the Software.

    Exclusion from Telemetr.io Liability. Telemetr.io excludes its liability from:

    • Any loss of profit (directly or indirectly);
    • Any loss of goodwill;
    • Any loss of opportunity;
    • Any reliance placed by You on the completeness, accuracy, or existence of any information or advertising, or as a result of any relationship or transaction between you and any third-party whose advertising appears on the Software or in relation to the Services;
    • Any changes which We may make to the Software or the Services, or for any temporary interruptions in the provision of the Software or the Services;
    • The deletion of, corruption of, or failure to store, any data maintained or transmitted by or through your use of the Software and the Services;
    • Your failure to provide us with accurate account and payment information;
    • Your failure to keep your account details secure and confidential.

    Limitation of the User's Liability. The User’s liability for breach of the Agreement, as well as damages, shall be limited to the amount of the User's payment under this Agreement. The effect of this provision does not extend to liability, damages, and lost profit in cases of protection of intellectual property rights, violation of means of ensuring information security, in particular cyber security, and protection of the business reputation of Telemetr.io, our employees, contractors, and founders.

    Third-Party Services. Telemetr.io is not responsible for any services that the User can obtain from Third Party via the Software.

    Lack of Consent With the User. Telemetr.io does not confirm that he shares the opinion, beliefs, and views of the User and Subscribers due to the publication of User- Generated Content on the Software or Telegram.

12. Indemnification
    Obligation to indemnify. The User agrees to indemnify, defend, and hold harmless Telemetr.io, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to

    • The User's use of the Software and Services provided by Telemetr.io.
    • Any content or materials submitted, posted, or transmitted by the User through the Software and Services.
    • Any violation of this Agreement or any applicable laws or regulations by the User.
    • Any infringement of intellectual property rights or other rights of any third party caused by the User's actions or use of the services.
    • Any claims or actions brought by third parties arising from or in connection with the User's use of the Software and Services.
13. Term and Termination

    Term of validity of the Agreement. This Agreement becomes effective for a specific User from the date of its conclusion, as indicated above. This Agreement is valid until its termination or termination by Telemetr.io or User. The version of the Agreement is open for accession from the Effective date.

    Termination of the Agreement by mutual consent of the Parties. In such a case, the Party that intends to terminate/terminate the Agreement must notify the other Party of this in writing, by sending the corresponding notification by e-mail.

    Termination of the Agreement by Telemetr.io. Telemetr.io has the right to terminate this Agreement unilaterally, in case of violation by the User of any terms of the Agreement, to prevent any fraudulent, unlawful, or abusive acts or if it is necessary to prevent or stop any harm or damage to us, other Users of the Software or the public. Telemetr.io informs the User of the fact and reasons for termination by sending a message to the User's e-mail and/or a message on the Software. The Agreement is terminated from the date of sending the notice. In this case, the User does not have the right to re-enter this Agreement and use the Software, except for accessing the Website, support service, and receiving messages.

    Termination of the Agreement by the User. The User has the right to terminate this Agreement unilaterally by notifying Telemetr.io Support and/or by sending a message to the e-mail address specified on the Software. The User also has the right at any time to stop using the Software and delete the Account. The contract is terminated from the date of receipt of the notice.

    Changes to the terms of the Agreement. Telemetr.io reserves the right to change the Agreement and the Software at any time and without the pre-approval from the User. Amendments are indicated by changing the Effective date. The User grants his consent to the changing in the Agreement and the Software by continue using the Software.

14. Governing Law and Dispute Resolution

    Governing law. This Agreement shall be governed by and construed in accordance with the laws of Estonia, without giving effect to any principals of conflict of laws.

    Dispute Resolution. All disputes or claims about this Agreement are resolved within 30 business days of negotiation if negotiation doesn’t work the court of Estonia under Estonia law must resolve it. The defeated party should pay all reasonable court and attorneys’ fees and costs.

    Online Dispute Resolution. In accordance with EU law, we inform you that in the event of a dispute, you can file a claim via the ODR web platform, which belongs to the European Union: https://ec.europa.eu/consumers/odr/.The ODR web platform is a useful tool for customers who wish to resolve, out of court, disputes arising from sales contracts or electronic services.

    For more information, contact us at [email protected]

15. Miscellaneous

    Assignment. You cannot transfer or give away your rights and responsibilities under this Agreement without our permission. If you try to do so, it will be invalid. We can give our rights and responsibilities under this Agreement to someone else without asking for your permission. Both parties are still responsible for following this Agreement, even if they are assigned to someone else.

    Eligibility. To take part in this Agreement, you must meet the requirements outlined in it. By signing this contract, you are saying that you're legally able to enter into this agreement and follow its terms. If you don't meet the requirements, you can't participate in or benefit from this contract. If you become ineligible, you need to let the other party know right away. If you lie about your eligibility or break this clause, the contract may be terminated, or you may lose your right to participate or benefit from it.

    Entire agreement. This Agreement is the only agreement between the Telemetr.io and User regarding your use of our Services. They replace any other agreements or discussions we've had before.

    Force majeure. We will not be liable for any failure or delay in the performance of our obligations under this Agreement if such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials. In the event of any such delay, the time for performance will be extended for a period equal to the time lost by reason of the delay.

    Headings. The headings in this Agreement are just to help you understand what each section is about, and they won't change the meaning of anything. When we use words like "including" or "such as," it doesn't mean that we've listed everything that could be included.

    Languages. This Agreement is available in English. If there are any differences between the English and any other versions and the translation to another language, the English version will be the correct one.

    No partnership. By using our Services, you are not becoming our partner, employee, or agent. You can't say that you represent us or that we're working together in any formal way. You don't have the authority to make any deals or promises on our behalf. When you use our Software or services, you are responsible for paying any taxes or government fees that come up. We don't provide tax advice, so it's up to you to talk to a tax expert if you are not sure what you owe.

    No waiver. If we don't enforce any part of these this Agreement, it doesn't mean we are letting you off the hook. We can still enforce those terms later if we need to. If we do decide to waive any of our rights, we'll make sure it's in writing and signed by us.

    Notices of breach. If you break any of these rules, we can do whatever we need to fix the problem, including cutting off your access to our Services. We might also give you notice of the problem and a chance to fix it within a certain amount of time. If you don't fix the problem in time, we can take action to protect our rights.

    Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be deemed severable, and the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that accomplishes the same purpose as the original provision, to the extent possible.

    Survival. If this Agreement ends, some of them will still be in place. The sections that will still be in place are V, VI, VII, VIII, IX, X, XI, XII, and anything else that makes sense to still apply.

    Counterparts. This Agreement may be executed in one counterpart, which shall be deemed an original. This Agreement by placement on the Services shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

16. Legal Information