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DAMOSTA Terms of Use

Version: 1.0 (closed testing) Effective date: April 28, 2026 Last update: April 28, 2026 Operator: DAMOSTA (the platform is at the private development stage; the full details of the operator’s legal entity, country of registration, registration number, and registered address will be specified in an updated edition before the public launch date of the platform) Contact: [email protected]

Document status. Until the public launch, these Terms apply to closed testing participants as rules of test access to the Platform. Provisions concerning paid features, public listing, governing law, jurisdiction, and the full details of the Operator are subject to finalization before the public launch. The list of open decisions is set out in docs/legal/launch_checklist.md, part 3. Acceptance of these Terms by closed testing participants at this stage is not considered a formal legal acceptance for the purposes of public commercial launch, but it does govern test use of the Platform during the closed testing period.

Preamble

These Terms of Use (hereinafter — the “Terms”) govern the use of the Platform and, taking into account the document status (see the “Document status” block above), constitute a legally binding agreement between you (hereinafter — “User”, “you”) and the operator of the DAMOSTA software and technical platform, available as a Telegram Mini App and through other technical channels (hereinafter — the “Platform”; the operator hereinafter — “Operator”, “we”, “us”).

By creating an Account, opening the Platform, or using it in any other way, you confirm that you have read the Terms, understood them, and agreed to them. If you do not agree with at least one provision, do not use the Platform.

The Terms apply together with:

  • the Platform Rules (Acceptable Use Policy) — describing what behavior is permitted and what is prohibited on the Platform;
  • the Privacy Policy — describing what personal data we process and how;
  • any additional rules and instructions published on the Platform.

All these documents constitute a single agreement. In case of conflict between documents, these Terms prevail unless otherwise expressly stipulated.

1. Definitions

In these Terms:

“Platform” means the DAMOSTA software product, including the Telegram Mini App, the server-side, databases, source code, design, trademarks, and other technical components.

“Account” means the User’s account on the Platform, linked to the User’s account in the Telegram messenger via Telegram ID.

“Business” means a listing of business activity (shop, service, establishment) that the Owner creates and manages on the Platform.

“Owner” means a User who has created a Business and manages it.

“Customer” means a User who views a Business and interacts with the Owner regarding the Owner’s goods or services.

“Content” means any texts, images, videos, descriptions, prices, contact details, and other materials posted by the User on the Platform.

“Transaction” means any arrangement between an Owner and a Customer regarding the Owner’s goods or services, regardless of whether contact between them was established through the Platform. The Operator is not a party to such an arrangement.

“Telegram” means the messenger and related services operated by Telegram Messenger Inc. Telegram is not the operator of the Platform and bears no responsibility under these Terms.

2. Nature of the Platform and the relationship between the parties

2.1. What the Platform is

DAMOSTA is an information platform and a technical directory of Businesses. We provide functionality for placing and viewing information about Businesses: creating Business listings, search, categorization by direction, displaying Owners’ contact information to Customers, and means of technical communication within the limits expressly provided by the Platform’s functionality.

2.2. What the Platform IS NOT and which functions it does NOT provide

The Platform is not a marketplace in the part concerning the conclusion, payment, performance, guaranteeing, or settlement of Transactions between Owners and Customers; nor is it a financial intermediary, agent, commission agent, broker, or other intermediary in such Transactions. The directory and informational nature of the Platform (the ability of Owners to create Business listings and the ability of Customers to view them) does not create or imply any of the listed intermediary roles.

The Platform does not provide at the time of this edition and will not provide without an explicit amendment to these Terms the following functions:

  • a shopping cart, order placement, calculation of Transaction amounts;
  • processing of payments under Transactions between Owner and Customer;
  • escrow, deposit of funds, payment guarantees;
  • confirmation of Transactions by the Platform;
  • resolution of disputes between Users regarding Transactions;
  • processing of refunds under Transactions;
  • tracking of performance, delivery, or handover of goods;
  • issuance of financial documents, including receipts, invoices, acceptance certificates, or similar accounting documents, under Transactions;
  • performance of tax agent functions for Transaction parties.

2.3. Absence of selection, recommendation, ranking

The Operator does not single out, recommend, rank, or select Businesses in a way that could be construed as endorsement, recommendation, or commercial selection by the Operator. The Platform’s internal mechanisms (search, categorization, default sorting) are technical directory functions and do not constitute a commercial recommendation within the meaning of consumer protection law.

2.4. The relationship between Owner and Customer

All Transactions are concluded and performed exclusively between Owner and Customer, under their own responsibility, on the basis of their own arrangements and the law applicable to them. The Platform is not a party to such Transactions and bears no obligations regarding their conclusion, performance, warranties, refunds, or dispute settlement.

2.5. Informational nature of the Content

Information about Businesses posted on the Platform is informational. It is not a public offer of the Owner unless expressly stated otherwise by the Owner. The exact terms of the Transaction are agreed between the Owner and the Customer independently.

3. The right to use the Platform

3.1. Age threshold

Use of the Platform is permitted only to persons who have reached the age of 18. By creating an Account, you confirm that you are 18 years of age or older.

If we receive reasonable information that a User has not reached 18 years of age, we have the right to immediately block the Account without notice and delete the related data (except for information mandatory for retention under the law).

3.2. Legal capacity

By creating an Account, you confirm that:

  • you have full civil legal capacity under the law of your country of residence;
  • you act on your own behalf or have proper authority to act on behalf of the legal entity you represent;
  • your use of the Platform does not violate the law applicable to you.

3.3. Sanctions compliance

You confirm and undertake that:

  • your use of the Platform does not violate applicable sanctions regimes, export controls, financial restrictions, AML/CFT (anti-money laundering and counter-terrorism financing) requirements, restrictions concerning specific persons, organizations, territories, goods, services, technologies, or categories of operations;
  • you are not under sanctions of the UN, the European Union, the United States of America, the United Kingdom, Ukraine, or other applicable jurisdictions;
  • you do not use the Platform in the interests of sanctioned persons, to circumvent sanctions, export controls, financial restrictions, AML/CFT requirements, or other mandatory legal restrictions.

The Operator has the right to refuse service to any person if there are reasonable grounds to believe that providing service would violate sanctions law. The list of applicable sanctions regimes is variable and is determined at the time of use of the Platform.

3.4. Territorial restriction concerning the Russian Federation and the Republic of Belarus

Regardless of the presence or absence of personal sanctions status of a particular User, the Operator does not provide services and does not permit use of the Platform:

  • from within the territory of the Russian Federation;
  • from within the territory of the Republic of Belarus;
  • from territories of Ukraine and other states temporarily occupied by the Russian Federation.

It is prohibited to post Businesses that conduct activity in the territory of the Russian Federation or the Republic of Belarus, are aimed at customers in those territories, or are used in the interests of persons, companies, operations, goods, or services connected with those territories.

The Operator has the right to refuse registration, restrict, freeze, or terminate access if there are reasonable grounds to believe that the Platform is being used from the said territories or in connection with them. For the purposes of such verification, the IP address, technical connection data, behavioral signals, and information specified by the Owner in the Business listing may be processed. Such processing is carried out in accordance with the Privacy Policy.

Nature of the restriction. This restriction is territorial — it concerns use of the Platform from the said territories and in connection with activity in them, and is not a restriction based on citizenship, nationality, language, or ethnic origin of the User. A person of any origin who resides and conducts activity outside the said territories may use the Platform on a general basis.

3.5. Prohibition of secondary provision

You are not entitled to transfer your Account, sell it, lease it, or otherwise provide it to third parties.

4. Account and access

4.1. One person — one Account

Each User is entitled to create one Account linked to their account in Telegram. The creation of multiple Accounts by a single individual is prohibited.

The following are prohibited, in particular:

  • creating additional Accounts to circumvent subscription plan limits;
  • creating additional Accounts to circumvent blocking;
  • using virtual phone numbers, temporary SIM cards, and similar means for mass creation of Telegram accounts for the purpose of registration on the Platform;
  • transferring the Account to another person, selling the Account, leasing the Account.

When a violation is detected, the Operator has the right to block all related Accounts without refunding paid amounts.

4.2. Multiple Businesses in one Account

Within a single Account, an Owner is entitled to create several Businesses in accordance with the terms of their subscription plan. On the free plan, no more than one Business in each of the Platform’s canonical directions is permitted; the total number of Businesses in an Account on the free plan does not exceed the number of canonical directions. Paid plans may provide for a greater number of Businesses or other listing terms.

Each Business may be linked to its own legal owner, such as an individual, a sole proprietor, or a legal entity. Information about such a legal owner is specified by the Owner when creating the Business.

4.3. Connection to Telegram

The Account is created automatically based on the Telegram ID upon the first launch of the Platform in the Telegram Mini App. The Operator does not have access to the Telegram password, phone number (unless explicitly transmitted by Telegram to us), confirmation code, or two-factor authentication tools. The security of the Telegram account is provided by Telegram, not by the Operator.

4.4. Email as a formal communication channel

For Users in the role of Business Owners, specifying and confirming a valid email address is mandatory, and this email serves as the formal communication channel of the Operator with the User.

  • Email is specified and confirmed by a verification code when creating the first Business.
  • The Platform will not allow a Business to be created without a confirmed email.
  • Email is used for notifications about substantial changes in documents, restoration of access, response measures, receipts and invoices for paid plans, as well as for legally significant notifications.
  • Telegram messages may be used as an additional channel but do not replace email notifications.

For Users in the role of Customer, an email is not required for the moment of mere browsing of the Platform. Email becomes mandatory when performing formal actions that require identification (payment, posting public reviews, other actions that explicitly require verification).

The User is obliged to keep the specified email up to date. Inability to contact the User due to outdated or non-functional contact details does not relieve the User from obligations arising under these Terms.

4.5. User’s responsibility for the Account

The User bears responsibility for actions performed using their Account, to the extent that such actions became possible as a result of:

  • transferring access to third parties;
  • phishing attacks to which the User succumbed through carelessness;
  • loss of the device;
  • compromise of the Telegram account beyond the Operator’s control;
  • failure to take reasonable security measures (absence of Telegram two-factor authentication, use of weak passwords, use of the Telegram account on third-party devices);
  • other failure by the User to fulfill access security obligations.

The Operator is not responsible for the security of Telegram as an external service and does not have access to Telegram authorization tools.

This section does not limit the Operator’s liability for security violations arising through its fault, including incorrect handling of authorization data, session vulnerabilities, or other failures on the Platform’s side, to the extent that such liability cannot be excluded by applicable mandatory law.

4.6. Actions in case of compromise

If you have detected or suspect unauthorized access to your Telegram account:

  1. Immediately terminate all sessions in Telegram and change the Telegram two-factor authentication password.
  2. Immediately notify us at [email protected] with the subject “Compromise notice”.

After receiving such notification, the Operator has the right to temporarily freeze the Businesses of the Account until the identity of the owner is confirmed. The freeze is applied as a security measure and is not a sanction.

5. User’s Content

5.1. Your rights to the Content

The Content that you post on the Platform (texts, images, photographs, descriptions, logos, and other materials) remains your property. We do not claim ownership rights to your Content.

5.2. The license you grant us

By posting Content, you grant the Operator a free, non-exclusive, worldwide, revocable (for the duration of Content placement) license to:

  • store the Content on our servers and the servers of engaged processors;
  • reproduce, display, and transmit the Content as part of the Platform’s operation;
  • demonstrate the Content to Customers and other Users through the Platform’s interfaces;
  • adapt the Content (resizing, format conversion, encoding) for the purposes of correct display on different devices;
  • index and process the Content for search, categorization, and classification functions within the Platform;
  • use the Content in the Platform’s marketing materials (screenshots, demonstrations) — only with the prior consent of the Owner or in a fully anonymized form that does not allow identification of the Business, the Owner, the Customers, or third parties.

The license terminates within a reasonable period (but not more than 90 days) after deletion of the Content by you or termination of the operation of your Account, except for:

  • backup copies, which are deleted according to our standard backup cycle;
  • Content the use of which is regulated by applicable law (for example, materials related to investigated offenses).

5.3. User’s warranties regarding the Content

By posting Content, you warrant and confirm that:

  • you are the lawful owner of the rights to the Content or have the proper rights to post it;
  • the Content does not infringe the rights of third parties (including copyright, trademarks, rights to image, privacy, personal data, business reputation, and other non-property rights);
  • the Content does not contain prohibited information under the Platform Rules;
  • the Content accurately describes the goods and services that you offer;
  • prices, descriptions, delivery terms, and other key parameters correspond to reality.

5.4. Responsibility for the Content

You bear full sole responsibility for your Content, including responsibility to third parties and state authorities. If a third party makes claims or demands against the Operator in connection with your Content, the provisions of the “Indemnification” section (section 14) apply.

6. Acceptable use

6.1. Platform Rules

Use of the Platform is governed by a separate document — the Platform Rules — which is an integral part of these Terms.

6.2. Basic prohibitions

Without limiting the provisions of the Platform Rules, you undertake not to use the Platform for:

  • posting goods and services whose circulation is restricted or prohibited by applicable law;
  • posting sexual, pornographic, erotic, or other “adult” content;
  • posting content that incites hatred, discrimination, or violence;
  • fraudulent actions, deception, phishing, impersonation of other persons;
  • attempts to disrupt the operation of the Platform, circumvent technical restrictions, reverse engineering, automated parsing;
  • spam, mass distribution of unwanted messages, manipulation;
  • collection of personal data of other Users outside permitted functions;
  • any action that violates applicable law.

6.3. Consequences of violations

In the event of a violation of the Platform Rules or these Terms, the Operator has the right to apply response measures described in the Platform Rules and in section 11 of these Terms, including blocking of the Account.

7. Paid features

7.1. Tariff plans

Part of the Platform’s functionality is provided free of charge, part — on a paid basis within subscription plans. The list of plans, the composition of features, prices, and payment terms are published on the Platform and may change in the manner provided by these Terms.

7.2. Payment

Payment is made by the methods specified on the Platform at the time of subscribing. Payment operations are processed by external payment providers acting in accordance with their own terms. The specific providers used at the time of payment are listed in the Privacy Policy. We do not store full payment details (card numbers, CVV) — they are processed by the payment provider.

7.3. Price changes

The Operator has the right to change prices and the composition of plans, notifying Users no less than 30 (thirty) calendar days before the changes take effect. The notification is published on the Platform and sent to Owners at their verified email. If you do not agree with the new terms, you have the right to discontinue use of paid features before the date the changes take effect.

7.4. Paid Subscription Lifecycle

7.4.1. Trial Period

The trial period for a paid subscription is granted to a User once only — for the first Business entry created by that User on the Platform. The standard duration of the trial period is 30 (thirty) calendar days from the creation of the first Business entry. For the first 25 (twenty-five) Business entries registered on the Platform during the closed testing phase and the launch promotion, the duration of the trial period is 365 (three hundred and sixty-five) calendar days from the creation of the Business entry. During the trial period, the User receives access to the paid subscription features without being required to add a payment method.

No trial period is granted for subsequent Business entries of the same User. Launching such a Business entry requires the paid subscription to be subscribed to and paid for.

7.4.2. One-Time Trial Period and Protection Against Abuse

To prevent repeated improper use of the trial period, the Operator uses protective identifiers of the User formed on the basis of the Telegram account identifier and the email address provided when the first Business entry was created.

The email address is not stored for this purpose in plain form, but is processed as a cryptographic hash of the normalised email address. Where technically possible, the Telegram identifier used for this verification is also stored as a hash or another irreversible technical identifier.

If, when a new Business entry is created, the protective identifiers match the identifiers of a previously created Business entry, including deleted Business entries, no trial period is granted for the new Business entry.

Protective identifiers may be retained for the period necessary to prevent abuse of the trial period and to protect the Operator’s legitimate interests, unless a shorter period is required by applicable law. Such retention is based on the Operator’s legitimate interest pursuant to Art. 6(1)(f) GDPR. Processing the email address as a cryptographic hash is a pseudonymisation measure within the meaning of Art. 4(5) GDPR.

7.4.3. Notices of the Approaching End of the Trial Period

The Operator sends the User notices of the approaching end of the trial period 7 (seven) calendar days before the trial period end date and a repeated notice 1 (one) calendar day before that date. Notices are sent to the verified email address as the primary legally significant channel, and also through the Platform’s Telegram bot as an additional channel for the User’s convenience.

If, on the day the trial period ends, no payment method has been added and the paid subscription has not been paid for, the relevant Business entry is automatically moved to frozen mode in accordance with § 7.4.4 of these Terms.

7.4.4. Frozen Mode

Frozen mode is activated automatically after the trial period ends without subscription to and payment for the paid subscription, and also after an unsuccessful automatic charge for the paid subscription following completion of the retry attempts provided by the Platform, where such attempts apply.

In frozen mode, the public storefront of the Business entry becomes unavailable to visitors. Instead of the storefront, the neutral message provided in § 7.4.5 of these Terms is displayed. The public storefront is also hidden from Platform search and catalogues, unless otherwise provided by the technical logic for displaying unavailable storefronts.

All additional participants of the Business entry, including administrators, managers, employees and other roles, lose access to the Business entry functions for the duration of frozen mode. The Business owner retains limited access to the dashboard solely to subscribe to and pay for the paid subscription, view the status of the Business entry, contact support, access legal documents and notices, export Business entry data, and obtain legally significant records relating to that Business entry to the extent available through the Platform interface, including payment history and records of acceptance of legal documents.

In frozen mode, creating, editing and deleting goods, services and listings, managing orders and other commercial functions of the Business entry become unavailable. Frozen mode is not a sanction or deletion of the Business entry; it is a consequence of the absence of an active paid subscription after the end of the trial period or paid period.

7.4.5. Message on the Public Storefront During Frozen or Archive Mode

A visitor to the public storefront of a frozen or archived Business entry sees a neutral message that does not disclose the reason why the storefront is unavailable: “This storefront is temporarily unavailable.”

The Platform does not disclose to third parties the fact that the trial period has ended, payment issues, subscription status, the Business owner’s decision or other financial or account-related circumstances of the Business entry. Such information is confidential and is available only to the Business owner within the dashboard or through official notices from the Operator.

7.4.6. Archiving and Data Deletion

If, within 30 (thirty) calendar days from the activation of frozen mode, the Business owner has not reactivated the paid subscription, the Business entry is moved to archive mode for an additional 60 (sixty) calendar days. The total retention period for the Business entry after activation of frozen mode is 90 (ninety) calendar days.

During archive mode, the Business owner retains the ability to reactivate the paid subscription, restore the Business entry to its previous state and export Business entry data. The public storefront and commercial functions of the Business entry remain unavailable until the subscription is reactivated.

After 90 (ninety) calendar days from the activation of frozen mode have expired without reactivation of the paid subscription, the Business owner’s personal data, the Business entry content and the related customer data are subject to deletion or anonymisation, unless otherwise provided by applicable law, the Privacy Policy or the need to retain certain data for the performance of legal obligations or the defence of legal claims. In particular, the content of goods and services, descriptions, photographs, listings, order history and customer contact details are subject to deletion.

Financial records, logs of acceptance of legal documents and logs of sent notices may be retained after deletion of the Business entry to the extent necessary for the performance of legal obligations, accounting, tax reporting and the defence of legal claims. Logs of acceptance of legal documents are retained with the application of pseudonymisation: personal identifiers are replaced with irreversible technical references or hashes, while the facts of document acceptance and document hashes may be retained. Such retention is based on exceptions to the right to erasure provided in Art. 17(3)(b) GDPR, where processing is necessary for compliance with a legal obligation.

The protective identifiers provided for in § 7.4.2 of these Terms may be retained after deletion of the Business entry for the period necessary to prevent repeated improper use of the trial period and to protect the Operator’s legitimate interests.

7.4.7. Sensitive Owner-Only Actions

The following actions are sensitive and are available only to the Business owner identified in the system as the primary owner of the Business entry, even if other participants with administrative or management roles have been added to the Business entry: exporting the full archive of Business entry data, including goods, descriptions, photographs, customer contacts and order history; early deletion of the Business entry before the end of the 90-day retention period, subject to data that the Operator is obliged or entitled to retain under applicable law; reactivation of the paid subscription and adding or changing a payment method; managing Business entry participants, including adding, removing and changing roles.

Data export in frozen or archive mode is available only to the Business owner. Granting this right to other participants in the future requires a separate expressly granted permission, logging of the action and a separate security and data protection review.

7.4.8. Cancellation of the Subscription by the Owner

The Business owner has the right to cancel the paid subscription at any time through the administrative dashboard or another mechanism provided by the Platform. If the subscription is cancelled, the Business entry continues to operate until the end of the already paid period.

After the paid period ends, if the subscription has not been renewed and payment has not been made, the Business entry moves to frozen mode in accordance with § 7.4.4 of these Terms.

7.4.9. Free Plan for Private Individuals

The Free plan is provided to Users who are private individuals without any time limit. The Free plan is subject to the limitations described in § 7.1 of these Terms (number of listings, photographs, scope of functionality) and is not subject to automatic closure or deletion due to non-use. A Free account remains active regardless of the frequency of use of the Platform.

7.5. Refund of paid amounts for the Platform’s paid features

Amounts paid for the period during which you actually had access to paid features are non-refundable, except in cases where a refund is mandatory under applicable mandatory law or expressly provided by these Terms. If applicable law grants the consumer the right to withdraw from a distance contract within a certain period, that right is exercised in accordance with the conditions and exceptions provided by that law, by contacting our support service at [email protected].

7.6. Refunds under Transactions — NOT a Platform function

These provisions concern exclusively the paid features of the DAMOSTA. Refunds of monetary funds under Transactions between an Owner and a Customer are governed by the terms of those Transactions and applicable consumer protection law. The Platform is not a party to such Transactions and does not process refunds under them. The obligation to process refunds in a Transaction lies entirely with the Owner.

7.7. Suspension of paid features in case of violations

If your Account is blocked for violation of these Terms or the Platform Rules, paid amounts are non-refundable, except in cases where a refund is mandatory under applicable mandatory law.

7.8. Taxes

All prices are specified inclusive or exclusive of taxes in the manner reflected on the payment page. In jurisdictions where applicable, taxes may be assessed, withheld, and paid by the Operator or the payment provider in accordance with the chosen payment model, which will be reflected on the payment page and/or in an updated edition of these Terms.

Tax obligations connected with the entrepreneurial activity of Owners on the Platform and with Transactions between Owners and Customers lie with the Owners and Customers themselves. The Operator is not a tax agent for Transaction parties.

7.9. Referral Program

7.9.1. Purpose of the Program

For the purpose of encouraging the dissemination of information about the Platform among potential Business Owners, the Operator provides a reward program for Users who refer new Business Owners. Participation in the program is voluntary and does not involve any cash payments.

7.9.2. Eligibility to Participate

Any User is eligible to participate in the program if the User:

  • has confirmed their email address through the double opt-in procedure implemented by the Platform;
  • has received a personal referral link generated automatically by the Platform upon confirmation of the email address.

Participation in the program does not require an active paid subscription at the time the bonus is granted.

7.9.3. Referral Link and Tracking of Referrals

The referral link contains a unique technical identifier of the referring User, which does not disclose the User’s personal data. The Platform records the referred person’s visit via the referral link using the technical attribution tools applied by the Platform.

A User shall be considered referred if they register a Business after visiting the Platform via another User’s referral link, provided that such visit was recorded by the Platform’s technical attribution tools. If the technical attribution of the referral has not been preserved or cannot be reliably confirmed by the Platform’s tools, the referral shall not be counted under the program.

7.9.4. Conditions for Granting the Bonus

For each referred Business that cumulatively meets all of the following conditions, the referring User shall be granted a bonus in the form of an additional period of access to the Platform’s paid features for a duration of 1 (one) calendar month:

  • the referred Business was registered by a User who had not previously had a Business on the Platform, meaning that it is the referred User’s first Business;
  • the referred Business has made its first successful payment for a paid subscription after the end of the applicable trial period, whether standard or extended as part of the launch promotion under § 7.4.1;
  • the protective identifiers of the referred Business under § 7.4.2 do not match the protective identifiers of the referring User.

The bonus is granted automatically after confirmation of the referred Business’s first successful payment and the expiry of the internal technical and payment verification period established by the Operator, subject to the requirements of applicable mandatory law. The bonus is added to the referring User’s current trial period or active paid subscription, increasing its total duration. If, at the time the bonus is granted, the referring User has no trial period or active subscription, the bonus is accumulated in accordance with § 7.9.9.

The total duration of the bonus period granted to a single User under the program may not exceed 24 (twenty-four) calendar months, unless otherwise expressly provided by a special promotion of the Operator.

The bonus has no cash value and may not be exchanged for money, transferred to another User, or refunded in monetary form.

7.9.5. Protection Against Abuse

For the purposes of the program, the following shall not be considered referrals and shall not entitle the referring User to a bonus:

  • a Business registered by the referring User themselves, including by using another Telegram account or another email address;
  • a Business whose protective identifiers under § 7.4.2 match the protective identifiers of the referring User;
  • a Business registered without visiting the Platform via a referral link or without confirmed technical attribution under § 7.9.3, even if the fact of referral is confirmed by other means;
  • a Business blocked by the Platform for violation of these Terms or the Platform Rules;
  • a Business actually owned by the referring User, including one registered through a nominee or intermediary person;
  • a Business artificially split by the referring User into several Businesses for the purpose of repeatedly obtaining a bonus;
  • a Business whose first payment has been refunded, disputed through a chargeback, or otherwise cancelled by the referred Business, its bank, or the payment provider;
  • a Business in respect of which signs of an organized scheme for the unfair receipt of bonuses have been confirmed, including mass registration of Businesses followed by refunds of the first payment, coordinated registration of Businesses by the same person through nominee Users, or the use of automated tools to complete registration.

7.9.6. Operator’s Right to Cancel the Bonus

The Operator has the right to cancel a previously granted bonus, in whole or in part, if any circumstances specified in § 7.9.5 are identified, or if other circumstances indicate unfair use of the program by the referring User, including where a refund, chargeback, or fraud signal relating to the first payment of the referred Business is received after the bonus has been granted.

If the bonus is cancelled, the referring User shall be notified of the grounds for cancellation and the amount of the cancelled bonus. Amounts paid by the referring User for the period during which the bonus had not yet been cancelled are non-refundable, except where a refund is required by applicable mandatory law.

7.9.7. Confidentiality of the Referred User’s Data

The referring User does not receive access to the referred User’s personal data, including their name, email address, Telegram identifier, contact details of the registered Business, or history of actions on the Platform. The referring User’s account may display only an aggregated counter of confirmed referrals, the number of bonuses granted, and technical statuses of referrals without disclosing the personal data of referred Users.

The transfer of the referred User’s personal data to the referring User is permitted only with the explicit consent of the referred User, provided separately from these Terms.

7.9.8. Modification and Termination of the Program

The Operator may modify the terms of the program or terminate it. The Operator shall notify program participants of any modification or termination of the program 30 (thirty) calendar days before the effective date of such changes via the confirmed email address, except where immediate modification or termination of the program is necessary to prevent abuse, technical violations, financial damage, or to comply with the requirements of applicable law.

Previously granted bonuses shall remain valid and shall not be cancelled due to modification or termination of the program, except in cases of cancellation provided for in § 7.9.6. Changes that improve the terms of the program may take effect immediately without the notice period specified above.

7.9.9. Accumulation and Validity Period of the Bonus

A bonus granted to the referring User may be applied only to the referring User’s own trial period or active paid subscription. If, at the time the bonus is granted, the referring User has neither a trial period nor an active subscription, the bonus is accumulated as unused credit and is applied automatically when the referring User creates their first Business on the Platform.

The accumulated bonus counts toward the total bonus period limit provided for in § 7.9.4.

The validity period of an accumulated but unused bonus is 12 (twelve) calendar months from the date on which the referring User confirms their email address in accordance with § 7.9.2. If, within this period, the referring User does not create a Business on the Platform, the accumulated bonus shall be deemed cancelled without any cash equivalent being paid and without the possibility of restoration. A bonus granted after the expiry of this period shall not be accumulated or applied.

8. Intellectual property of the Platform

8.1. Operator’s rights

The Platform, its source code, design, graphic elements, trademarks, logos, domain names, documentation texts, databases, technical solutions, and other elements are the property of the Operator and/or its licensors and are protected by intellectual property law.

8.2. Limited license to the User

The Operator grants you a limited, non-exclusive, revocable, non-transferable license to use the Platform exclusively for personal or business purposes that do not contradict these Terms. The license terminates automatically upon termination of the Terms or closure of the Account.

8.3. Prohibitions

You are prohibited from:

  • copying, modifying, distributing, selling, leasing the source code of the Platform;
  • decompiling, disassembling, reverse engineering the Platform, except in cases expressly permitted by mandatory law;
  • removing or modifying legal protection marks, watermarks, or other indications of the Platform’s affiliation;
  • creating derivative products that imitate the Platform;
  • using the trademarks and corporate designations of the Platform without the Operator’s written consent.

8.4. Feedback and suggestions

If you send us feedback, ideas, or suggestions for improving the Platform, you grant us a free, non-exclusive, worldwide, perpetual license to use them without an obligation to credit you and without an obligation to pay remuneration.

9. Notices of intellectual property infringement

9.1. Right to file a complaint

If you believe in good faith that Content posted on the Platform infringes your copyright, trademark rights, or other intellectual property rights, you have the right to send a notice to [email protected] containing the following information:

  • your full name, contact details, evidence of authority (for legal entities — also corporate details);
  • a description of the rights object that, in your opinion, has been infringed;
  • a link to the specific Content on the Platform in which the rights are infringed;
  • a statement of good faith (that you are convinced of the infringement and act lawfully);
  • your signature (electronic or physical in scanned form).

9.2. Operator’s response

We review notices within a reasonable period (usually up to 7 business days) and, upon confirmation of the validity of the complaint:

  • delete or hide the disputed Content;
  • notify the Owner who posted the Content;
  • give the Owner the opportunity to file a counter-notice;
  • retain the correspondence as evidence.

9.3. Counter-notice

The Owner whose Content has been deleted following a complaint has the right to send a counter-notice with justification of the lawfulness of their actions. Upon receipt of the counter-notice, the Operator has the right to restore the Content after 10 business days, unless the complainant has provided confirmation that court proceedings have been initiated.

9.4. Abuse

Systematic sending of unsubstantiated notices may result in blocking of the complainant’s Account and the bringing of claims for compensation of damage.

10. Security and availability of the Platform

10.1. Security measures

We apply reasonable technical and organizational measures to protect the Platform and User data: encryption of transmitted data (HTTPS), restriction of employee access on the principle of minimum sufficiency, regular backup, source code audit, dependency control, monitoring of errors and incidents.

10.2. User’s obligations

You undertake:

  • not to attempt to obtain unauthorized access to the Platform, third-party Accounts, or the Operator’s servers;
  • not to exploit vulnerabilities of the Platform for gain or for any unauthorized purpose;
  • to notify us of detected vulnerabilities at [email protected] before public disclosure;
  • not to use the Platform in ways that create excessive load (DDoS, scraping at aggressive frequency, automation without coordination).

10.3. Responsible Disclosure program

If you have detected a vulnerability in the Platform and notified us about it before public disclosure, we will not initiate claims against you provided that all of the following criteria are simultaneously met:

  • your actions were reasonably necessary to detect the vulnerability;
  • your actions did not cause harm to Users, the integrity of data, or the availability of the Platform;
  • your actions did not result in access to other people’s personal data beyond the minimum necessary to demonstrate the vulnerability, and any incidentally obtained information was not stored or transmitted to third parties;
  • your actions did not violate payment, sanctions, or other mandatory restrictions;
  • you did not publicly disclose information about the vulnerability before its remediation by the Operator or before the expiration of a reasonable period agreed with the Operator.

In addition, we undertake:

  • to review the notice within a reasonable period;
  • at our discretion, to acknowledge your contribution in the Platform’s acknowledgments.

The program does not relieve you from liability for intentional harm, data exfiltration, ransom demands, attempts to circumvent security measures aimed at obtaining benefit, or other unlawful actions.

11. Suspension and termination

11.1. User’s right

You have the right at any time to discontinue use of the Platform, delete your Businesses, and/or close your Account through the appropriate functions of the Platform. Closure of the Account does not affect:

  • obligations that arose before closure;
  • the license to the Content in the part necessary for deletion and backup copies;
  • obligations to pay due payments that were not cancelled before the moment of closure.

11.2. Operator’s right to suspend

The Operator has the right to suspend (freeze) the Account or a particular Business without prior notice if:

  • a justified notice of violation of these Terms, the Platform Rules, or applicable law has been received;
  • there are reasonable grounds to believe that the Account has been compromised;
  • a request from a competent state authority has been received;
  • continued operation of the Account creates a risk for other Users or for the Platform.

The suspension is applied for the period necessary to verify the circumstances.

11.3. Operator’s right to terminate

The Operator has the right to terminate the provision of services to the User and delete the Account:

  • in case of substantial or repeated violation of these Terms, the Platform Rules, or applicable law;
  • upon confirmation of the fact of compromise of the Account without proper restoration;
  • in case of use of the Platform to circumvent sanctions or from prohibited territories (section 3.4);
  • in case of submission of knowingly false information when creating the Account;
  • in case of cessation of provision of the Platform as a product (with notice, to the extent possible under the circumstances).

11.4. Consequences of termination

After termination of the Account:

  • access to the Platform ceases;
  • the Content is deleted in the manner provided by the Privacy Policy;
  • logs of acceptance of the Terms and Rules, as well as information mandatory for retention by law, are kept for the established periods;
  • amounts paid for the remaining period are not refunded (subject to section 7.5 and applicable mandatory law);
  • sections of the Terms that, by their nature, are intended to operate even after termination (intellectual property, limitation of liability, indemnification, dispute resolution, confidentiality) remain in force.

12. Disclaimer of warranties

12.1. The Platform is provided “as is”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED.

12.2. Warranties expressly not provided

We do not warrant that:

  • the Platform will operate without interruptions, errors, or delays;
  • the Platform will be compatible with all devices, operating systems, and versions of Telegram;
  • the Platform will be continuously available, including in the event of failures of Telegram, providers, data centers, cyberattacks, actions of state authorities, or force majeure;
  • User Content is accurate, lawful, or safe;
  • goods and services offered by Owners correspond to the description, are lawful, or of high quality;
  • Transactions will be concluded or performed;
  • use of the Platform will achieve any particular commercial results for the User.

12.3. Applicability

The provisions of this section apply to the maximum extent permitted by applicable law. If any country or region does not permit disclaimer of implied warranties, the disclaimer applies in the part in which it is permissible.

12.4. Preservation of consumer rights

If you are a consumer within the meaning of applicable law, nothing in these Terms limits your rights that cannot be excluded or limited by contract. Complaints sent to DAMOSTA concern compliance with the Rules of placement and use of the Platform and do not mean that DAMOSTA becomes a party to a Transaction or an arbiter in a dispute between Owner and Customer. If the Customer is a consumer and the Owner acts as an entrepreneur or trader, the Owner independently bears the obligation to provide the Customer with all mandatory information required by applicable consumer protection law, including information about the seller, the goods or service, the price, taxes, delivery, warranties, the right to withdrawal/refund, and the procedure for handling claims.

13. Limitation of liability

13.1. Exclusions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR, ITS AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS BEAR NO LIABILITY FOR:

  • lost profits, loss of revenue, loss of customers, loss of reputation, loss of data;
  • indirect, incidental, consequential, punitive, or exemplary damages;
  • any damages arising from Transactions between Owners and Customers;
  • damages caused by actions of third parties (including Telegram, payment providers, other services);
  • damages caused by actions of state authorities, force majeure, cyberattacks, or circumstances beyond our control;
  • damages from Content posted by Users.

13.2. Aggregate limit

The aggregate liability of the Operator on any grounds connected with the Platform, in any 12-month period, is limited to the greater of the following amounts:

  • the amount actually paid by the User to the Operator for paid features of the Platform during the said 12-month period;
  • 100 (one hundred) euros or the equivalent in another currency.

For free Users, the limit is 100 euros.

13.3. Mandatory liability

The provisions of this section do not limit the Operator’s liability in the part in which such limitation is not permitted by applicable mandatory law, in particular:

  • liability for intentional harm;
  • liability for gross negligence (in jurisdictions where such limitation is prohibited);
  • liability for harm to life and health;
  • other cases expressly provided by law.

13.4. Risk allocation

The parties agree that the provisions on warranties and limitation of liability reflect a reasonable allocation of risks between the parties, taking into account the nature of the Platform (predominantly free or provided at affordable plans). Without such limitations, the Operator would not have the economic ability to provide the Platform.

14. Indemnification

14.1. User’s obligation

You undertake to indemnify and defend the Operator, its affiliates, employees, contractors, agents, and licensors from any claims, demands, suits, damages, expenses (including reasonable legal fees) arising out of or in connection with:

  • your violation of these Terms, the Platform Rules, or applicable law;
  • your Content;
  • your Transactions with Customers or Owners;
  • your use of the Platform contrary to the Terms;
  • claims brought against the Operator by third parties concerning your actions or your Content.

14.2. Procedure

The Operator must, within a reasonable time, notify you of the relevant claim and provide reasonable assistance in its consideration at your expense. The Operator has the right to conduct the defense independently, without releasing you from the obligation to indemnify.

14.3. Prohibition on settlement without consent

You may not settle claims against the Operator without its prior written consent if such settlement imposes obligations on the Operator.

14.4. Limitation for consumers

If the User is a consumer within the meaning of applicable consumer protection law, the provisions of this section apply only to the extent permitted by applicable mandatory law. This section does not limit consumer rights that cannot be excluded or limited by contract.

15. Confidentiality

The processing of Users’ personal data is governed by a separate document — the Privacy Policy — which is an integral part of these Terms.

16. Governing law

16.1. Governing law

These Terms, as well as any legal relations arising in connection with the use of the Platform, are governed by the law of [REQUIRES DECISION — launch-blocking: country of the operator, see docs/legal/launch_checklist.md part 3.2], without regard to conflict-of-laws rules.

16.2. Preservation of consumer rights

If you are a natural person who uses the Platform for purposes not connected with entrepreneurial activity and reside in a country whose law contains mandatory rules of consumer protection, the choice of governing law does not deprive you of the protection provided by such rules.

16.3. Vienna Convention does not apply

The UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) does not apply to these Terms between the User and the Operator.

17. Dispute resolution

17.1. Pre-litigation procedure

Before turning to court, a party is obliged to send the other party a written claim to [email protected] with a description of the substance of the dispute and the demands. The period for considering the claim is 30 (thirty) calendar days from the moment of receipt.

17.2. Jurisdiction

If the dispute is not resolved in the pre-litigation procedure, it is subject to consideration in [REQUIRES DECISION — launch-blocking: court at the place of registration of the operator, see docs/legal/launch_checklist.md part 3.2]. The parties agree to the exclusive jurisdiction of the said court.

17.3. Preservation of consumer rights

Provisions on jurisdiction do not deprive consumers of the right to apply to the court at the place of their residence, if such right is granted by mandatory law of the country of their residence.

17.4. Waiver of class actions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT DISPUTES WITH THE OPERATOR WILL BE RESOLVED INDIVIDUALLY AND NOT IN CLASS ACTIONS, COLLECTIVE PROCEEDINGS, OR CONSOLIDATED PROCEEDINGS. The provision applies to the extent permitted by the law of the User’s country.

17.5. Limitation period

Any claim against the Operator must be brought within 1 (one) year of the moment when the User became aware or should have become aware of the basis for the claim. Upon expiration of this period, the claim is deemed time-barred. The said limitation does not apply to consumer claims to the extent that such time limit is impermissible under the mandatory rules of applicable consumer protection law, as well as in other cases where it contradicts the mandatory rules of applicable law.

18. Force majeure

The Operator bears no liability for non-performance or improper performance of obligations as a result of circumstances of force majeure, including but not limited to: war, military action, terrorist acts, civil unrest, strikes, pandemics, epidemics, natural disasters, interruption of electricity supply and Internet communication, actions and omissions of state authorities, cyberattacks, failures of Telegram, failures of infrastructure providers.

19. Changes to the Terms

19.1. Right to amend

The Operator has the right to make changes to these Terms. Owners of Businesses are notified of substantial changes at their verified email no less than 14 (fourteen) calendar days before the changes take effect. Additionally, the changes are published on the Platform and may be duplicated through Telegram.

19.2. Acceptance of changes

Continued use of the Platform after the changes take effect constitutes their acceptance. If you do not agree with the changes, you have the right to close your Account before the date the changes take effect.

19.3. Substantial changes

Substantial changes include, in particular: change of governing law and jurisdiction, substantial expansion of the Operator’s rights to suspend and terminate, substantial limitation of User rights, change of prices of paid features, change of Operator’s details. Non-substantial changes (correction of typos, clarification of wording, changes due to legal requirements) may take effect without special notice.

19.4. Version history

The current version of the Terms is published at https://damosta.com/terms. All previous versions are kept and available at permanent links in the version archive at https://damosta.com/terms/history. Upon request, previous versions of the Terms are provided to the User.

20. Notices

20.1. Notices to the User

The Operator sends notices to the User:

  • through the Platform interface;
  • to the verified email of the User (for Owners — a mandatory channel; see section 4.4);
  • through messages in Telegram (as an additional channel that does not replace email).

A notice is deemed received at the moment of its sending to email or publication on the Platform, depending on the method.

20.2. Notices to the Operator

Notices to the Operator are sent to [email protected].

21. Final provisions

21.1. Entire agreement

The Terms, together with the Platform Rules and the Privacy Policy, constitute the complete and sole agreement between the parties regarding the use of the Platform and supersede all prior arrangements and statements, oral and written.

21.2. Severability

If any provision of the Terms is found invalid, illegal, or unenforceable, the remaining provisions remain in force. The invalid provision is replaced by a provision closest in meaning and permissible by law.

21.3. No waiver of rights

The Operator’s failure or delay in exercising any right under the Terms does not constitute a waiver of that right. Waiver of any right is permitted only in writing.

21.4. Assignment of rights and obligations

The User may not transfer their rights and obligations under the Terms without the Operator’s written consent. The Operator has the right to transfer its rights and obligations — including in cases of reorganization, merger, sale of business — while preserving the User’s rights.

21.5. Languages

These Terms are published in several languages. The Ukrainian-language version is the controlling legal version. Translations into other languages are provided for the convenience of Users and do not have prevailing force over the controlling version. If applicable mandatory law of the country of residence of a consumer User requires the provision of the contract in the official language of that country or grants the consumer protection regardless of the chosen language of the contract, such requirements remain in force in the mandatory part.

21.6. Headings

Section headings are provided for convenience and are not used to interpret the content of the Terms.

21.7. Independent contractors

The parties are independent contractors. The Terms do not create between the parties an agency, partnership, employment, fiduciary, or other representative relationship.

21.8. Acceptance of the Terms

By accepting the Terms — by clicking the “I accept” button, by creating an Account, by creating a Business, by paying for a subscription, or by continuing to use the Platform — you confirm that you have read, understood, and agreed to the Terms. The Platform records the fact of acceptance specifying the version, date, time, User identifier, IP address, and hash of the accepted text. Acceptance logs are kept for the period established by applicable law, but no less than 3 (three) years.

For closed testing participants, the recording of acceptance at this stage confirms agreement with the rules of test access to the Platform in accordance with the “Document status” block above. A separate formal acceptance for the purposes of public commercial launch will be requested after finalization of the corresponding edition of the Terms.

Contact information

Operator: DAMOSTA (the platform is at the private development stage; full details — after registration of the legal entity) General inquiries email: [email protected] Email for legal notices: [email protected] Email for security matters: [email protected] Email for IP infringement notices: [email protected] Email for personal data inquiries: [email protected] Email for user support: [email protected]

End of the document “DAMOSTA Terms of Use”, version 1.0 (closed testing).

All open decisions requiring closure before public launch are listed in docs/legal/launch_checklist.md, part 3.

Archive of previous versions: version history