DOBER TERMS OF USE

Effective as of April 1 2023

These Terms of Use ("Terms") govern your use of Dober Messenger and other Dober web resources, as well as the process of providing access to the functionality of the Messenger, which is developed by an individual entrepreneur: Oberemok D.P., Individual Tax Code: 3195118838, (hereinafter "Dober", "we" , "our", "us").

The Terms of Use shall be governed by and construed in accordance with the laws of Ukraine and shall become effective upon registration of the User - creation of an Account in the Messenger.

These Terms define the rules of interaction between Dober and the registered person using Messenger (hereinafter "User", "you", "you", "your").

WHAT IS DOBER
USER AGREEMENT
AGE LIMIT
RULES FOR USING THE MESSENGER
BREACH OF USE
REGISTRATION
SECRET QUESTION-ANSWER AND PIN CODE
SUBSCRIPTION AND PAYMENT
CHAT ROOMS AND GROUPS CREATION
USER BLOCKING
ACCOUNT SETTINGS
ACCOUNT DELETION
DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITY
EXTERNAL LINKS
APPLICABLE LAW. JURISDICTION
THE RIGHT TO USE DOBER. INTELLECTUAL PROPERTY
SECURITY AND PRIVACY
PLATFORM USER SUPPORT

WHAT IS DOBER
1. Dober Messenger is a free of charge secure mobile communication application for Android and iOS, as well as a Messenger web version. Messenger allows Users to exchange text messages, send videos and images in chats and create Groups for an unlimited number of Users communication.
2. Benefits of Dober:
  1. Post-quantum end-to-end data encryption, which ensures its confidentiality.
  2. Secure centralized data storage.
  3. Secure files and messages sharing in Groups and Chats.
  4. User privacy and User control over information.
  5. User`s Account is not linked to a mobile phone number or email address.
  6. Ability to use the Business-Account Server (confidential information from the Business-Account is not stored on Users' devices, loss of the device will not lead to the information loss).
USER AGREEMENT
1. Please read these Terms of Use and the Dober Privacy Policy carefully before using the Messenger and indicate your acceptance with them in the pop-up window on your device. If you do not indicate your agreement with the Terms of Use and Privacy Policy, you will not be able to access the Messenger.
2. Dober strives to improve and expand the Messenger functionality continually, and we are also committed to comply with applicable laws so that we may make changes to Dober's Terms of Use from time to time. Changes to these Terms will be effective when the updated version is posted. When we make changes to the Terms of Use, we will update the date on which the updated Terms take effect at the top of our Terms of Use page.
3. User agrees and acknowledges that Dober may revise the Terms of Use or any part thereof. Updated Terms of Use will be posted publicly in the Messenger or notices about changes will be displayed the first time the Messenger is opened after such an update. Use of the Messenger after such notice shall constitute User's acceptance of the modified Terms of Use. The Terms of Use version currently displayed in the Messenger shall take precedence over all previous versions.
4. If you do not agree with the Terms or any changes to them, you may stop using Dober and delete your Account and the Dober Messenger from your devices.
5. The User cannot hold Dober liable for any damages that may result from the use of Messenger.
6. The User undertakes to independently evaluate the legality of the Messenger usage in accordance with the applicable laws of the country the User`s residence. We make no representation that Messenger is available for use or legally permitted in any particular location. If you use Messenger, you do so on your own initiative and are responsible for compliance with applicable local laws.
7. The User consents to receive notifications and messages from the Messenger. Such consent shall be effective on an ongoing basis until the User revokes it by applying the appropriate settings to their device.
AGE LIMIT
1. Messenger is not intended for use by anyone under the age of 16. If you are under 16, please do not use Dober Messenger until you reach this age.
2. If you become aware that a person under the age of 16 is using Dober, please notify us at support@dober.chat so that we can resolve the situation promptly.
RULES FOR USING THE MESSENGER
1. You may use Messenger only for lawful purposes and in accordance with these Terms. Users are prohibited from storing, distributing or transmitting any illegal material via Messenger. Use of Messenger for illegal purposes may subject you to criminal or civil responsibility/penalties, deletion or suspension of your Account.
2. The User warrants that:
  1. is a legally capable person at least 16 years old age;
  2. will not prevent or prohibit other Users from using the Messenger, including by "hacking" or defacing the Messenger;
  3. will not attempt to impersonate another User or use another User's nickname;
  4. will not use the Messenger for any unlawful purpose or in any manner not permitted by these Terms and Privacy Policy;
  5. will not collect and/or store information about Messenger Users;
  6. will not use any device or process to interfere with Messenger security related features, including features that prevent or restrict use or copying of any content or impose restrictions on use of the Messenger;
  7. will not transmit any software or other material that contains a virus or other malicious or destructive component through Messenger;
  8. will not use Messenger as an instrument for a criminal conspiracy or illegal or malicious schemes;
  9. will not sell, otherwise transfer or sublicense the Messenger;
  10. нwill not copy, modify, archive, upload, post, disclose, distribute, sell, broadcast, perform, display, make available, create derivative messengers;;
  11. will not violate applicable laws, including third party privacy laws and their intellectual property rights;
  12. will not create and multiply false, misleading Accounts;
BREACH OF USE
1. Suspicious Activity. If Dober objectively believes that a User Account has been involved in any violation of laws (fraud or other crime or offense) or regulations, or has been accessed illegally, or the account is otherwise involved in suspicious activity (whether as a victim, suspect, violator or otherwise), Dober may block the User Account.
2. Users may send complaints to Dober about fraudulent or other criminal activity by other Users, such data will be processed by Dober to identify suspicious, illegal activity by Users. To send a complaint Users must specify the reason for the complaint by selecting a category of violation from those offered: child abuse, drugs, personal information, pornography, spam, violence, others.
3. If the User is suspected of violating any applicable law, Dober will cooperate with law enforcement authorities as necessary.
REGISTRATION
1. Шn order to use the Messenger, User must create an Account. The processing and storage of data provided during registration and Account creation is governed by Dober`s Privacy Policy..
2. Dober allows you to create two types of Accounts:.
  1. Personal Account - Dober`s registered User account.
  2. Business-Account - User (Business-Client) account that provides the ability to use Messenger as a closed communication channel, available only to employees of such Business-Client or authorized users whose access is authorized by the Business-Client.
    1. The Business-Client uses the Business-Account Server to store data. Business-Client designates a Business-Account Server Administrator who pre-creates accounts for Users who will access the Business-Account. The Administrator provides Users with a created username and password for the initial login to the account, as well as a server address to connect to. User`s logins may be agreed upon by the Administrator with the Users in advance. The standard Business-account user password is not available to anyone other than that User and the Administrator. After logging into the Business-account User must change the standard password to his unique password, which will be known only to such User.
  3. To create an Account, the User must fill out registration information, such as login, password, User name and nickname.
    1. Login. The user must create and enter a login, which will be the Account identifier. Creating a login you can use latin letters, signs and symbols from 1 to 128, including "underscore", at the same time, special characters and signs as "@", "space" and dot "." in the login are not allowed. Using only symbols or only numbers in your login is not allowed. Login cannot be changed after an Account registration.
    2. Password. The User must create a password that can consist of any number of characters and symbols, the minimum password size is one character. It is allowed to use any language by creating a password. After entering and confirming the Account password, the User shall confirm consent in a pop-up window (pop-up) that he/she is familiar with and agrees with the importance of the created password. If the User does not confirm the consent, Account registration is not possible. Dober does not check the difficulty level of the password, but as the User enters the password, Dober may indicate such level. Dober recommends creating a strong password and not to use common words or character sets that are easy to guess or guest-select as passwords.
    3. User Name. The User enters an Account name that will appear in the other User's address book. You can use any language and any number of characters from 2 to 128 to create a User Name. In case you need to change the User name, you can change it in "Account Settings".
    4. Nickname. A unique Account code name , by which other Users can find your Account in the Messenger global search. The Nickname must consist of characters, signs and latin letters from 1 to 128, you cannot create a Nickname that consists only of characters/signs/digits. The use of "underscores" is allowed. The Nickname can't coincide with the login and can't include special characters and spaces. If you create a Nickname that is already used by another User, you won't be able to choose and create an identical one. If you need to change your Nickname, you can change it in “Account Settings”.
    5. Server. To register a Business-Account, the User must enter a server address that corresponds to the server on which the Business -Account User`s data will be stored. After entering the server address, the Business -Account User fills in the same registration details as the Personal Account User, namely: login, password, User name and nickname.
  4. Dober has no control over, and has no obligation to control your registration information and/or the security of your password. You are responsible for the security of your password as well as the security of your device to restrict access to your Account by third parties.
  5. Dober has functionality to identify the Account true owner . This functionality can also allow the User to restore the account in the case of password losing. By using the appropriate features in the account settings, the User may create and specify a Secret word or Character set that is known only to the User and to Dober Support. The Secret word/Character set of Account identification is not a Secret Question-Answer, as it is described in Section 7 of these Terms of Use. In order to change a password or for any other request related to the Account, the User's identity and ownership of the Account may be verified by providing the Secret Word/Character Set to Dober Support, which, in their turn, will indicate that the request is more likely to come from a valid Account owner and can be fulfilled. The Secret word/Character set is not required when registering a User's Account and may be added by the User at any time by using the Dober Account settings.
  6. You are responsible for all activities that occur under your Messenger Account. You agree to notify Dober about any unauthorized use of your Account or any security breach of your Account immediately, including password use (cracking).
  7. Dober is not liable for any losses you may incur as a result of someone else using your Account, with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party as a result of someone else using your Account.
SECRET QUESTION-ANSWER AND PIN CODE
1. Secret Question-Answer. After registering an Account, Users are encouraged to create an additional "question," "answer" and "hint" to regain access to the Account in the event of a password loss (the "Secret Question and Answer"). You may refuse to create such a Secret Question-Answer, in which case Dober will not be responsible for restoring access to your Account. In the event that you lose access to an Account because you lose your password, Dober will not be able to restore or provide access to such Account and the data associated with it.
2. To create a Secret Question-Answer after registering an Account, the User needs to fill in the lines "question", "answer" and "hint". You can use an unlimited number of symbols and characters.
3. When regaining access to an Account, the User must enter the full Secret Question-Answer data, including spaces, characters, language, numbers and all characters that they used when creating such Secret Question-Answer. The hint that is created to help you answer the Secret Question-Answer is stored on the server in the unencrypted form so we do not recommend you to write the full answer to the Secret Question-Answer in the hint.
4. If the User did not create a Secret Question-Answer at the registration stage, forgot this information or did not create a hint to restore it, to change the Secret Question-Answer the User must go to "Account Settings" and change the current password by selecting "Change Password", enter the current Account password, then select and fill out the new Secret Question-Answer.
5. Pin Code. To provide additional protection to the Account, Users can create a pin code to log in to Messenger. The minimum number of characters for a pin code is 4 (four), Dober does not limit the maximum number of characters and symbols you can use when creating a pin code.
6. Pin code will be requested each time you sign in to Messenger as an additional way to protect against third party access to your Account and the data stored in it. Pin code is not connected to your face id and/or any other method of biometric identification. In case you do not want to enter the pin code every time you sign in to Messenger, you can save it by clicking "save code" in the pop-up window. Then the pin code will be saved and you will be able to enter Messenger without filling it every time.
SUBSCRIPTION AND PAYMENT
1. Dober is a free of charge Messenger, so the User does not need to pay a fee or purchase a subscription to register for an Account and use it.
CHAT ROOMS AND GROUPS CREATION
1. To create chats, Users need to click the button in the lower right corner of the main Account page. The contact book of your device is not synchronized with Messenger, so to create and start a chat with Users you need to find them by the name or nickname in the global Messenger search, click on the icon of the User`s Account and open a chat to start a conversation with them. You can also add a User to your contacts or view information about them. You can change the User`s name added to your contacts, such a change will only be displayed to you.
2. In chats Users can exchange messages, images, audio-video files, stickers and emoji, mark messages as liked. The time and date messages and files were sent will be displayed. You can download to your device, pin, add to notes, reply and share files and messages sent to you or sent by you with other Dober Users and third parties by holding the file or message and selecting the feature you want. Users can delete messages and files they have sent from chat. Once deleted, messages and files cannot be restored. Also Users have the option to clear the chat, if you use it, the conversation will be completely deleted and the chat will disappear from the history of User chats. The other User - chat participant, will have chat and messages unchanged. There is no notification to the User about other User's actions with messages and files.
3. A User can create chats with an unlimited number of Users to exchange messages and files between them (hereinafter "Group"). A Group can only be created from the Users added to your contacts. The number of Users in the Group is not limited. It is not possible to add Users who are not in your contacts to a Group.
4. In Groups, Users can send images, messages, videos, audio messages, stickers and emoji, and mark messages as liked. Group Users can download to their device, pin, add to notes, reply, and share files and messages sent to or by them with other Dober Users who are in the User's contact book by holding the file or message and selecting the desired option. Users can delete messages and files sent by them. When deleting a Group chat or message, only the User who selected the "Delete Chat" or "Delete Message" option will be deleted, other User or Group members will have their messages or Group chat intact. There is no notification to Users about other User's actions with messages and files.
5. In a Group, Users can view the membership, disable or enable notifications, and remove themselves from the Group. When a User is deleted from a Group, the Group and the messages in it disappear for him, for the remaining Group members the User's messages remain unchanged. If such User deletes his/her account, the messages sent by such User in the Group will remain unchanged, and the User's name in the Group will be displayed as "Deleted Account".
6. The Group creator and/or administrator can make such settings in the Group: assign other Users as administrators, add and delete new members, or delete the Group. If the Group Creator deletes his Account, the Group and the messages in it will be deleted without possibility to recover them. If the Group Creator, before deleting his/her Account, transfers the Group Owner/Administrator rights to another Group User, the content of the Group and the Group itself will remain unchanged, the account of the original Group Owner will be displayed as "Deleted Account".
7. If any User in a Chat or Group takes a screenshot, the Chat or Group will be notified about this action. The screenshot notification cannot be turned off.
8. Users can remove and turn on notifications and sounds, arrange chats and Groups in the Messenger in order of priority (put (pin) the more important ones at the top and then change their order when the importance changes). Settings of notifications and sounds, the chats and Groups order will be displayed only in the User`s Account who made such settings.
9. Messages and data sent within Groups and Chat Rooms, and any content posted or transmitted through them, are subject to the Dober Privacy Policy.
USER BLOCKING
1. A User can block any other User by clicking on the User`s Account icon and selecting the "block" function. If you have blocked a User, you will not receive messages from him. At the same time, Messenger does not notify the Users that they have been blocked, so your correspondence may be from the blocked User`s one because the blocked User will be able to continue sending you messages, but you will not receive. You also cannot send messages to a blocked User until he or she is unblocked.
2. To check blocked Users, you need to go to the "blocked" section of your Account. This section will display all the Users you have blocked and your chats with them until the moment of blocking. You can unblock a blocked User by clicking "unblock". After the unblocking, you will not receive messages that were sent by the blocked User during the period of blocking, the chat will be displayed in the form “before the moment of blocking”.
ACCOUNT SETTINGS
1. In the Account settings, the User can change or add an Account image (avatar), change the notification sound, view data and storage size, see the devices on which the User Account is opened, change the Messenger language and chat settings.
2. Notifications and sounds. The User can change notification settings, mute sounds and notifications in chats and/or Groups and enable silent mode, in which case Messenger will not send notifications about received messages in chats and Groups.
3. Data and Storage. The User can view the amount of data that is stored in the Account, change the way files are downloaded using wi-fi or mobile network, change the size of the cache, delete all data or some data, which are divided into 4 categories: images, voice messages, documents and videos.
4. Chat settings. The User can change the message font size and font in chats and Groups by selecting the desired chat settings and clicking "Apply". These changes will only be visible to the User who has applied the settings in their Account.
5. Session and Device. The moment a User logs into their Account, a session is created and saved to the Dober Server, and in the case of a Business-Account Server, a session is saved to the Business-Account Server. The User can view device data and all devices with the current session opened, as well as disconnect any device from the session.
6. Messenger language. The User can change the Account language to one of the offered in the Messenger settings: Ukrainian/Russian/English.
7. Description about yourself. In the settings, the User can add an "about me" description, change the image and shape of the Account image, User name and nickname. To change the User name, nickname and Account description, correct your data in the field and click the green check mark that appears in the right corner next to the filled field. If the nickname you've chosen already exists, you can only change it to an alternative nickname. It's not possible to change the Account's login.
8. Security settings. The User can change the Account security settings , which include: changing the password to log in to the Account, the ability to activate or cancel the opening of Messenger by pin code. In case you change the "login by pin code" security settings, Messenger will send you to a page where you must duplicate your pin code to cancel or to activate the pin code login Messenger feature. In the case of a password change, the User must enter the old password, the new password and duplicate the new password, and then click "Continue". After this the password will be changed.
ACCOUNT DELETION
1. A User has the right to delete their Account at any time. To delete an Account, you must go to the Account settings and select "delete account". Note that Account deletion cannot be rejected. All of your data will be permanently deleted and cannot be restored, including through Dober's User Support service.
2. After deactivating the Account, the User's data will be completely deleted, including chats, Groups, messages, photo/video/audio files and contact list. For the User - other Chat participant, all the data will remain unchanged, the name of the deleted User will be displayed as "Deleted Account". At the same time, the Users can manually delete all of their messages from chats or Groups, before deleting the account.
  Groups that were created by a User after deletion are irrevocably deleted from all Users who were such Groups members, unless the Group owner , before deletion of the account, has transferred his or her rights to the Group to another User. In such a case, the Group continues to exist in its original form, all messages in it are preserved, and the name of the original Group owner appears as "Deleted Account".
DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITY
1. Dober endeavors to make the Messenger experience seamless, but we cannot promise that these efforts will produce 100% results. Your use of the Messenger is at your own risk and initiative. Nothing in these Terms creates any additional warranty with respect to the Messenger and the process and results of use.
2. Messenger, all materials, information, and software are provided "as is" and "as available" without warranty of any kind, express or implied, to the fullest extent permitted by applicable law.
3. Dober disclaims all warranties, express or implied, including, but not limited to, implied warranties of fitness for a particular purpose and result.
4. Dober does not warrant that the Messenger functions will be available, uninterrupted or error free, that defects will be corrected, including correcting defects within a specific time frame. Dober does not warrant or make any representations regarding the use or results of Messenger use in terms of its correctness, accuracy, reliability, specific, commercial effect, profit or otherwise.
5. Dober is not responsible for User's Account hacking if the User comes up with a weak password and Secret Question-Answer, because the User agreed to understand the importance of password strength when registering the Account.
6. Dober is not responsible for restoring access to a User's Account in the event of a password loss and Secret Question-Answer, as it does not store password hashes or backups.
7. Dober is not responsible for
  1. any loss (unintentional, special, indirect) or damage that cannot be foreseen;
  2. lost profits, loss of business, business interruption or loss of business opportunities (these limitations will apply whether or not Dober has been advised of the possibility of such damages).
  3. Except for the liability we cannot limit by law, we limit our liability to you to an amount equal to $100 USD.
  4. Users agree not to hold or attempt to hold Dober liable for any technical problems, Messenger failures or malfunctions, communication line failures, software failures, Messenger access problems, high Internet traffic demand, security breaches and unauthorized access, and other such problems and defects, including User access problems.
  5. User agrees that Dober will not be liable in any way for failure, damage or destruction of your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure.
  6. Dober does not represent or warrant that User Support will provide instant responses to your inquiries. However, we do confirm that we will do our best to ensure that all requests are handled and addressed.
  7. Nothing in these Terms creates any obligation for Dober to create or continue any business or other relationships with Users.
EXTERNAL LINKS
1. Messenger does not contain links or advertisements to third party applications, websites or third party resources. Users may transmit links to third-party resources in Chats and/or Groups, Dober is not responsible for any data sent by Users in Chats and Groups that are posted through external links. Data that Users transmit, including links to third party external resources, is not verified or approved by Dober.
2. Dober has no control over third party websites, other resources and is not responsible for their availability, content or security. Dober's Terms of Use and Privacy Policy do not apply to third party resources, so we encourage Users to review the terms and privacy policies of those resources before linking to third party resources. When you visit external resources, you do so at your own risk and responsibility.
APPLICABLE LAW. JURISDICTION
1. The Terms of Use shall be governed by the laws of Ukraine. Any disputes or proceedings arising out of or relating to the Terms of Use shall be brought before Ukrainian courts of competent and territorial jurisdiction.
2. You agree to indemnify and hold Dober harmless from any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of these Terms.
3. If you have a dispute with one or more Dober Users, you release Dober from claims, demands, liabilities, costs, expenses and damages arising out of or in any way related to such disputes.
THE RIGHT TO USE DOBER. INTELLECTUAL PROPERTY
1. Dober grants you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use the Messenger.
2. The messenger, its individual parts are subject to and protected by copyright. Symbols, logos or other images belonging to Dober are protected as registered or unregistered trademarks, trade names or marks for goods and services. Users may not use Dober's intellectual property without Dober's express permission to do so and may not assign any of their rights or obligations under our Terms to anyone else without our prior written consent.
3. Users acknowledge that all proprietary rights in the Messenger are and remain the exclusive property of Dober and/or its licensors, including copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents and other intellectual property rights. You have no rights with respect to this Messenger and its contents other than the right to access and use it in accordance with the terms and conditions contained in these Terms of Use and the laws of Ukraine. You agree not to infringe any copyright or other rights of Dober.
4. Nothing contained in the Messenger shall be construed as granting any license or right to use any trademark without the written permission of Dober or any third party who may own the trademarks.
5. Nothing contained in the Messenger shall be construed as granting any license or right to use any trademark without the written permission of Dober or any third party who may own the trademarks.
SECURITY AND PRIVACY
1. Security. Users warrant that once an Account is created, they will keep their password confidential and will not share it with any third party. In the event of loss of access to your Account, unauthorized use of your Account or any known or suspected security breach, including the loss, theft or disclosure of your password, access to your Account cannot be restored without the Secret Question and Answer feature activated. Please read this feature and its importance in our Privacy Policy carefully, as if you have not created a Secret Question-Answer, access to your Account will be irretrievably lost.
2. Privacy. We are committed to protect and preserve the confidentiality of your personal data, and we have implemented appropriate rules and technical measures to protect the data under our control from unauthorized access, improper use or disclosure, alteration, destruction and loss.
3. PLEASE REVIEW DOBER'S PRIVACY POLICY, WHICH DESCRIBES THE RULES THAT GOVERN HOW DOBER COLLECTS, MAINTAINS AND PROCESSES USERS' PERSONAL INFORMATION. DOBER WILL ONLY COLLECT, USE AND SHARE DATA IN THE WAYS DESCRIBED IN THIS PRIVACY POLICY.
PLATFORM USER SUPPORT
1. Dober provides support for Users. By agreeing to the Terms of Use, you have the right to contact Dober Support at any time by sending an email to support@dober.chat.
2. After your request is delivered, the support team will review it within 48-72 hours. The response time depends on the complexity of your request and how clear and specific it is. If it takes longer for us to respond, we will try to notify you. Support team has the right not to respond to your request if, in their sole discretion, they believe it to be incorrect, insufficient, unclear, etc.
3. When contacting the support team, be honest, send only truthful information, do not be rude, do not use abusive words, be polite and friendly.
4. Also note that we are not responsible if any User or third party writes to you on behalf of Dober to obtain any information he/she requests from you. Be careful and make sure you have contact with our support team.
5. If any provision of these Terms of Use is held by written decision to be invalid or unenforceable for any reason, such provision will not affect the validity and enforceability of the remaining provisions of the Terms of Use.
6. Dober's failure to enforce any rights or actions against Users for any violation of these Terms of Use shall not be construed as a waiver of such rights or subsequent actions for future violations.
7. You can read these Terms of Use in different languages. In case of any discrepancies and ambiguities in the translation and interpretation of the provisions of the Terms of Use, the text written in Ukrainian shall prevail.