ManageYourMembers Terms of Service

ManageYourMembers Terms of Service

The gist: 

We run a membership bot platform for Telegram called “ManageYourMembers” (hereinafter –  ManageYourMembers Platform” ) and would love for you to use it. Our services are free to try, and we offer paid plans for real-world usage with live payment provider integrations and other features. Our services are designed to give you as much control over what goes with your membership bot for Telegram as possible and encourage you to express yourself freely. However, be responsible in what you publish and sell. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear in your membership bot. If you find a bot running on ManageYourMembers Platform that you believe violates these Terms of Service (hereinafter – “Terms” ), please contact us.

This document is an adaptation of WordPress Terms of Service. The original work is available under a Creative Commons Sharealike license, which means you’re more than welcome to repurpose it for your own use.

Terms of Service:

The following Terms govern all use of the ManageYourMembers website (https://ManageYourMembers.com/), ManageYourMembers Platform, @ManageYourMembersBot in Telegram and all content, services, and products available at or through the ManageYourMembers website, @ManageYourMembersBot in Telegram and the ManageYourMembers Platform (hereinafter taken together – “Services” ). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ManageYourMembers’s Privacy Policy) and procedures that may be published from time to time by ManageYourMembers (hereinafter collectively – “Agreement” ). You agree that we may automatically upgrade our Services without your consent or notice, and these Terms will apply to any upgrades.

These Terms are open and public document. The current effective version of the Terms is located here.

We refer to ManageYourMembers Ltd (a company incorporated and existing under the laws of United Kingdom under the number 13367465, as “ManageYourMembers” or “we” throughout these Terms.

We refer to the user of the Services as “User” or “you” throughout these Terms. The term “User” will be used as meaning either you or the entity on behalf of which you accepting the Terms. If you are entering into these Terms on behalf of the entity, such as your employer or the company you work for, you represent that you have the legal authority to bind, and do hereby bind, that entity to these Terms.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by these Terms and the Agreement. If you do not agree to all these Terms and the Agreement, then you may not access or use any of our Services.

Using of the Services or registering on the ManageYourMembers website constitutes an acceptance and confirmation of your consent to be bound by these Terms, all applicable laws and regulations, and you agree that you are responsible for compliance with and that you are compliant with the applicable laws.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 16. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides his/her personal information to our Services represents and warrants that he/she is 16 years of age or older.

Use of our Services requires an ManageYourMembers account and a Telegram account. ManageYourMembers account is based on Telegram account and using Telegram Login Widget on ManageYourMembers website. You will be solely responsible and liable for any activity that occurs under your ManageYourMembers account and your membership bot. You are responsible for keeping your ManageYourMembers account secure, which means you must keep your Telegram account secure as well.

  1. ManageYourMembers Platform.
  • Description. ManageYourMembers Platform is a membership bot platform for paid Telegram channels and groups. It allows everyone User to create a membership bot for Telegram and automate paid Telegram channels and groups management. The membership bot can’t be used without ManageYourMembers Platform; you have no right to use membership bot created with usage of the ManageYourMembers Platform on other platforms and software. ManageYourMembers Platform and the Services are accessible 24 hours per day, 7 days per week. However, ManageYourMembers reserves the right, without providing notice or compensation, to the User temporarily suspend the ManageYourMembers Platform or access to the ManageYourMembers Platform in order to carry out work including, but not limited to: updates, maintenance operations and amendments to the servers, etc. You understand and acknowledge that any delays in the Services are possible.
  • Your ManageYourMembers Account and Membership Bot. If you create a membership bot on ManageYourMembers Platform, you are responsible for maintaining the security of your account and bot, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the bot. You must immediately notify ManageYourMembers of any unauthorized uses of your bot, your ManageYourMembers account or Telegram account, or any other breaches of security. ManageYourMembers will not be liable for any acts or omissions made by you, including any damages of any kind incurred as a result of such acts or omissions. If you lose access to your Telegram account, you may not be able to access your ManageYourMembers account.
  • Responsibility of the Users. If you operate a membership bot, post material to ManageYourMembers or on your membership bot, post links on ManageYourMembers Platform or on your membership bot, or otherwise make (or allow any third party to make) any material available (hereinafter any such material – “Content” ), you are entirely responsible for the content of, and any harm resulting from, that Content, your membership bot or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using ManageYourMembers Platform, you represent and warrant that your Content and conduct do not violate any applicable laws. By submitting Content to ManageYourMembers Platform for inclusion in your membership bot, you grant ManageYourMembers a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your membership bot. If you delete Content, ManageYourMembers will use reasonable efforts to remove it from ManageYourMembers Platform, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, ManageYourMembers has the right (though not the obligation) to, in ManageYourMembers’s sole discretion (without the User’s consent or notice), (i) shutdown your membership bot due to prolonged inactivity, (ii) refuse or remove any Content that, in ManageYourMembers’s reasonable opinion, violates any ManageYourMembers’s policy, Agreement or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of ManageYourMembers Platform to any User for any reason. ManageYourMembers shall not give reasons of its actions. ManageYourMembers will have no obligation to provide a refund of any amounts previously paid. The User is responsible for its customers and their activities.
  • License. You agree that we may compile aggregated/anonymized statistics of your membership bot for our internal use to optimize ManageYourMembers’s Services. You agree that we may public your name, logo and feedback in our client lists and on the ManageYourMembers website.
  • Features. ManageYourMembers includes various features, and you can visit ManageYourMembers website to learn more about them.
  • Taxes. You are responsible for all taxes and fees associated with your ecommerce activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend you consult an appropriate tax professional for your specific tax situation.
  • Prohibited Uses. When using ManageYourMembers Platform and Services, you agree not to:
    • Publish material or engage in activity that is illegal under applicable law.
    • Use the Services to run an adult business.
    • Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content.
    • Upload, post, transmit or otherwise make available through the Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content.
    • Overburden ManageYourMembers’s systems, as determined by us in our sole discretion.
    • Disclose the sensitive personal information of others.
    • Send spam or bulk unsolicited messages.
    • Interfere with, disrupt, or attack any service or network.
    • Distribute material that is or enables malware, spyware, adware, or other malicious code, viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
    • Use the Services to pay for, support or otherwise engage in any illegal activities (such as illegal gambling activities, fraud, money-laundering or terrorist activities).
    • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access to the Services or to extract data.
    • Perform, undertake, engage in any unlawful activity through your relationship with us or through your use of the ManageYourMembers Platform and our Services.
    • Mislead other Users and third parties during using the ManageYourMembers Platform and our Services.
    • Take any actions aimed solely at causing damage to ManageYourMembers or other third parties.
    • Reverse engineer, decompile or otherwise disassemble the ManageYourMembers Platform, ManageYourMembers website or any ManageYourMembers’s software.
  • Cancellation. If you cancel your subscription to ManageYourMembers Platform, we will queue your membership bot for deletion. Your subscriptions on our platform will be cancelled and you will no longer have access to the platform. You will need to resubscribe to reactive your checkout, cart system and bot.
  • Third Party Services. You may choose to set up and/or use third party services, such as Stripe or Paypal, to collect payments. If you do so, be aware that some of your — and your customers’ — data may be passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. We are not involved in these relationships.
  • Your Responsibilities. You are solely responsible for all of your ecommerce activities, including your membership bot, your subscription plans and benefits, its operation, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws. Among other things, this means that:
    • You should use your best judgment when setting up your store, operating your store, processing payments, and selling items. For example, you may want to publish payment and return policies.
    • We are not involved in your relationships or transactions with any customer or potential customer; you are responsible to your customers for your activities, transactions, membership bot etc.
    • You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
    • You are responsible for fulfilling all promises, representations, or warranties you make to them in connection with a sale.
  • ManageYourMembers maintains the right to select its markets and jurisdictions to operate in and may restrict or deny its Services to certain countries.
  1. Rights and Obligations of the Users.

ManageYourMembers has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, ManageYourMembers does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ManageYourMembers disclaims any responsibility for any harm resulting from the use by the Users of our Services, or from any downloading by those Users of Content there posted.

You must provide ManageYourMembers with accurate and complete information while using Services.

You agree and consent to receive electronically (including e-mail, SMS) all communications, agreements, documents, receipts, notices and disclosures that ManageYourMembers provides in connection with your use of the ManageYourMembers Platform and our Services.

You agree and consent to receive electronically (including e-mail, SMS) and view through the Services the advertisement and promotional notifications.

  1. Fees, Payment, and Renewal.
  • Fees. Some of our Services are offered for free – for example, you can try ManageYourMembers Platform up to 20 subscribers. By using our Paid Services, you agree to pay the specified fees (fixed fees and/or transaction fees).
  • Fixed fees. We may bill or charge you for the fixed fees in regular intervals (such as monthly, annually), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team or by yourself.
  • Transaction fees. We may bill or charge you for the transaction fees on each sale you made through your membership bot. For payments accepted with Stripe, our fee is withheld by Stripe automatically as “ManageYourMembers application fee” (together with Stripe own processing fee). In all other cases, fees are accumulated during your billing period and billed or charged together with your fixed fees (monthly, annually). We may, however, pre-bill you each time your accumulated fees volume reach a certain threshold to avoid unexpectedly high bills.
  • Free Tier. Under our “Free Tier” subscription plan, we’ll only bill or charge you for the transaction fees.
  • Free Trial. You can start your free trial and try our Paid Services up to 20 subscribers without being charged for the both fixed and transaction fees.
  • Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services or ManageYourMembers Platform and Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
  • Automatic Renewal. To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a ManageYourMembers Platform annual plan, you will be charged each year.
  • Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion on a case-by-case basis (it is not ManageYourMembers’s obligation to make refunds). Any decisions by ManageYourMembers with respect to refunds are final.
  • Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you shall cancel your Paid Service.
  1. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ManageYourMembers Platform and Services links, and that link to ManageYourMembers Platform. ManageYourMembers does not have any control over those non-ManageYourMembers websites, and is not responsible for their content or their use. By linking to an external website, ManageYourMembers does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ManageYourMembers disclaims any responsibility for any harm resulting from your use of non-ManageYourMembers websites, webpages and Telegram bots.

  1. Third Party Services.

You may enable services, products, software, or applications developed by a third party or yourself (hereinafter – “Third Party Services” ) in your membership bot.

If you use any Third Party Services, you understand that:

  • Third Party Services are not vetted, endorsed, or controlled by ManageYourMembers.
  • Any use of a Third Party Services is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
  • Your use is solely between you and the respective third party (hereinafter – “Third Party” ) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
  • Some Third Party Services may request or require access to your (your visitors’ or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Services may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
  • Third Party Services may not work appropriately with your website or membership bot, and we may not be able to provide support for issues caused by any Third Party Services.
  • If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or membership bot.

  1. Copyright Infringement.

As ManageYourMembers asks others to respect its intellectual property rights, it respects the intellectual property rights of the others. If you believe that material located on or linked to by ManageYourMembers violates your copyright, you are encouraged to notify ManageYourMembers. ManageYourMembers will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ManageYourMembers will terminate the User’s access to and use of the membership bot if, under appropriate circumstances, the User is determined to be a infringer of the copyrights or other intellectual property rights of ManageYourMembers or others. In the case of such termination, ManageYourMembers will have no obligation to provide a refund of any amounts previously paid to ManageYourMembers.

  1. Intellectual Property.

This Agreement does not transfer from ManageYourMembers to you any ManageYourMembers’s or third party intellectual property, and all right, title, and interest in and to such property will remain solely with ManageYourMembers. ManageYourMembers Platform, ManageYourMembers website, the ManageYourMembers logo, and all other trademarks, service marks, graphics and logos used in connection with ManageYourMembers Platform or our Services, are intellectual property, trademarks or registered trademarks of ManageYourMembers or ManageYourMembers’s licensors. Your use of our Services grants you no right or license to reproduce or otherwise use any ManageYourMembers or third-party intellectual property or trademarks.

  1. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal Terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, Telegram channels or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

  1. Termination.

These Terms shall enter into force for the User since the use of the Services or register on the ManageYourMembers website and shall be in force for an indefinite period.

In order to protect the integrity of the ManageYourMembers website or the ManageYourMembers Platform ManageYourMembers reserves the right at any time in its sole discretion to block Users who violate these Terms.

ManageYourMembers may terminate your access to all or any part of our Services at any time without any liability, with or without cause, with or without notice, effective immediately. ManageYourMembers shall not give reasons of its actions.

If you wish to terminate this Agreement or your ManageYourMembers account (if you have one), you may simply discontinue using our Services (you will not receive any refunds if you terminate these Terms).

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Disclaimer of Warranties.

Our Services are provided “as is”. ManageYourMembers and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ManageYourMembers nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Without limiting the generality of the foregoing, ManageYourMembers does not represent and warrant to you that:

  • your use of the Services will meet your requirements;
  • data provided through the Services will be accurate; or
  • the Services and any content made available on or through the Services are free of viruses or other harmful components.

In no case shall ManageYourMembers represent and warrant that the User’s membership bot will not be blocked or banned bу any third parties, including Telegram LLC or its any affiliate companies, application stores of any kind, including AppStore. If the User’s membership bot will be blocked or banned, ManageYourMembers will not be responsible for this and shall not indemnify the User against any losses in connection with such blocking or ban.

  1. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the State of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the State of Delaware, USA.

  1. Limitation of Liability.

In no event will ManageYourMembers, or its suppliers or licensors, be liable with respect to any subject matter of these Terms and the Agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  • any indirect, special, incidental or consequential damages;
  • any financial loss due to interruption/outage of services;
  • the cost of procurement for substitute products or services;
  • any loss of goodwill or business reputation;
  • interruption of use or loss or corruption of data; or
  • any amounts that exceed the fees paid by you to ManageYourMembers under these Terms and the Agreement during the twelve (12) month period prior to the cause of action.

ManageYourMembers shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  1. General Representation and Warranty.

You represent and warrant that your use of our Services:

  • Will be in strict accordance with these Terms and the Agreement;
  • Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
  • Will not infringe or misappropriate the intellectual property rights of any third party.
  1. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and ManageYourMembers reserves the right to terminate accounts or access of those in the event of a breach of this condition.

  1. Indemnification.

You agree to indemnify and hold harmless ManageYourMembers, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of these Terms and the Agreement, your violation of applicable laws, rules or regulations.

In such case, ManageYourMembers will provide you with notice of such claim, suit or action; will provide you the opportunity to control the defense and/or settlement of such claim, suit or action; and will provide you reasonable assistance in such defense or settlement, upon reasonable request and at your expense.

  1. Translation.

These Terms were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will prevail.

  1. Miscellaneous.

These Terms and the Agreement constitute the entire agreement between ManageYourMembers and you concerning the subject matter hereof.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

A waiver by either party of any term or condition of these Terms and the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

ManageYourMembers may assign its rights and obligations under these Terms and the Agreement to third parties without consent of the User. The User is entitled to assign its rights and obligations under these Terms and the Agreement to any third party only with prior written consent of ManageYourMembers. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Nothing in these Terms shall be construed as creating a joint venture, an agency relationship or a legal partnership between ManageYourMembers and the User.

ManageYourMembers has the right to involve third parties for the fulfillment its obligations.

  1. Personal Data
  • By accepting these Terms, you expressly allow ManageYourMembers to process your personal data, export your personal data outside of the jurisdiction in which you reside or are located. For more information, read the official ManageYourMembers’s Privacy Policy here.
  • The User is obliged to determine the personal data legislation for each its customer and comply with its requirements for each such customer separately. In the cases and in the form stipulated by the personal data legislation, the User shall obtain the voluntary consent of its customers or has any other legal basis (legal ground) to collect, store and process customers’ personal data (including by ManageYourMembers) for the purposes, including but not limited to, of using the Services, the execution of these Terms and resolving claims arising from these Terms. The User acts as a representative of ManageYourMembers in relations with the User’s customers on the use of personal data, and also bears full responsibility to its customers for their personal data. The User is obliged to inform and in a cases stipulated by the personal data legislation obtain the consent of the User’s customers for the transfer of their personal data to ManageYourMembers and bring to the User’s customers all required information in accordance with the personal data legislation, about ManageYourMembers as the person to whom the personal data of the User’s customers are transmitted. The User undertakes to take and ensures that it has taken all the necessary and sufficient organizational and technical measures to protect the User’s customers’ personal data.

Proposals and claims to ManageYourMembers related to the Services and these Terms may be sent to the email address: support@ManageYourMembers.com.