Using the mobile application «OpenTelegram» (hereinafter referred to as the Application), which is a branch project (fork) of the Telegram messenger, which operates on the basis of its open API, has additional functionality and design elements, the user (hereinafter referred to as the User) accepts this agreement (hereinafter referred to as the Agreement) regulating the rules for using the Application, the procedure for purchasing paid services in the Application, the responsibility of the parties and other relations related to the use of the Application.
Due to the feature of the Application and the direct relationship with the servers and the Telegram equipment, the User accepts as a fact, and the Rightholder responsibly declares that it does not store, does not intend to store in the future, and does not process the personal data of the Application Users. All personal information of Users is transmitted and processed on servers and equipment of Telegram.
TERMS AND DEFINITIONS
1.1. According to the text of the Agreement, as well as in connection with the relationship between the Rightholder and the User of the Application, the following terms and definitions are applied.
1.1.1. User – a capable adult physical person (or legal representative of a minor), who has passed the registration procedure in the Application, has civil law and capacity, is able, in accordance with the legislation, to acquire rights and bear obligations on its behalf and act as a party to the Agreement.
1.1.2. Store – application store “App Store” or “Google Play Market” (depending on the device of the User), through which the User installed and launched the Application on his device.
1.2. Other terms used in the Agreement and / or in the relations arising from it are subject to interpretation in accordance with the legislation of Ukraine, and in the absence of their interpretation in the legislation in accordance with business customs and scientific doctrine.
2.1. When using the Application, the User undertakes to comply with the Agreement, with all its integral parts, including the current legislation and international agreements, the rules of the Shops, other legal acts interrelated with the functioning of the Application.
2.2. The Rightholder has the right, without the consent of the User, to involve third parties to fulfill the obligations under the Agreement, while remaining responsible for their actions to the User.
2.3. The User undertakes to timely and independently familiarize himself with the current version of the Agreement. In case of disagreement of the User with the current edition of the Agreement, the User is obliged to stop using the Application.
2.4. The User undertakes not to use possible errors of the software part of the Application in order to gain an advantage over other Users. The User undertakes to immediately report all errors he has identified in the Application to the Rightholder.
2.5. The User is responsible for the security of his account in the Application, and is obliged to take measures independently to ensure its security.
2.7. The User acknowledges and agrees that he should independently assess all risks associated with the use of the Application, including an assessment of the reliability, completeness or usefulness of the information contained in the Application.
LEGAL GROUND FOR PROCESSING YOUR PERSONAL DATA
We process your personal data on the ground that such processing is necessary to further our legitimate interests (including: (1) providing effective and innovative Services to our users; and (2) to detect, prevent or otherwise address fraud or security issues in respect of our provision of Services), unless those interests are overridden by your interest or fundamental rights and freedoms that require protections of personal data.
WHAT PERSONAL DATA WE USE
4.1. Basic Account Data
Telegram is a communication service. You provide your mobile number and basic account data (which may include profile name, profile picture and about information) to create a Telegram account.
To make it easier for your contacts and other people to reach you and recognize who you are, the screen name you choose, your profile pictures, and your username (should you choose to set one) on Telegram are always public. We don’t want to know your real name, gender, age or what you like.
We do not require your screen name to be your real name. Note that users who have you in their contacts will see you by the name they saved and not by your screen name. This way your mother can have the public name ‘Margot Robbie’ while appearing as ‘Mom’ to you and as ‘Boss’ to her underlings at work (or the other way around, depending on how these relationships are structured).
4.2. Your E-mail Address
When you enable 2-step-verification for your account or store documents using the Telegram Passport feature, you can opt to set up a password recovery email. This address will only be used to send you a password recovery code if you forget it.
4.3. Your messages
4.3.1. Cloud chats
Telegram is a cloud service. Messages, photos, videos and documents from your cloud chats are stored on Telegram servers so that you can access your data from any of your devices at any time without resorting to third-party backups. All data is stored highly encrypted, with encryption keys in each case stored in several other data centers in different jurisdictions. Thus, local engineers or physical attackers cannot gain access to user data.
4.3.2. Secret Chats
Secret chats use end-to-end encryption. This means that all data is encrypted with a key that only you and the recipient know. There is no way for us or anybody else without direct access to your device to learn what content is being sent in those messages. We do not store your secret chats on our servers. We also do not keep any logs for messages in secret chats, so after a short period of time we no longer know who or when you messaged via secret chats. For the same reasons secret chats are not available in the cloud — you can only access those messages from the device they were sent to or from.
4.3.3. Media in Secret Chats
When you send photos, videos or files via secret chats, before being uploaded, each item is encrypted with a separate key, not known to the server. This key and the file’s location are then encrypted again, this time with the secret chat’s key — and sent to your recipient. They can then download and decipher the file. This means that the file is technically on one of Telegram’s servers, but it looks like a piece of random indecipherable garbage to everyone except for you and the recipient. We don’t know what this random data stands for and we have no idea which particular chat it belongs to. We periodically purge this random data from our servers to save disk space.
4.3.4. Public Chats
In addition to private messages, Telegram also supports public channels and public groups. All public chats are cloud chats (see section 4.3.1 above). Like everything on Telegram, the data you post in public communities is encrypted, both in storage and in transit — but everything you post in public will be accessible to everyone.
4.3.5. Phone Number and Contacts
Telegram uses phone numbers as unique identifiers so that it is easy for you to switch from SMS and other messaging apps and retain your social graph. We ask your permission before syncing your contacts.
We store your up-to-date contacts in order to notify you as soon as one of your contacts signs up for Telegram and to properly display names in notifications. We only need the number and name (first and last) for this to work and store no other data about your contacts.
Our automatic algorithms can also use anonymized sets of phone numbers to calculate the average number of potential contacts an unregistered phone number may have on Telegram. When you open the ‘Invite friends’ interface, we display the resulting statistics next to your contacts to give you an idea of who could benefit most from joining Telegram.
You can always stop syncing contacts or delete them from our servers in Settings - Privacy & Security - Data Settings.
If you are using Android, Telegram will ask you for permission to access your phone call logs (READ_CALL_LOG). If you grant this permission, Telegram will be able verify your account by transmitting a phone call instead of asking you to enter a code. Telegram uses this permission only to confirm receipt of the confirmation call by verifying the number in the call log.
4.3.7. Location Data
KEEPING YOUR PERSONAL DATA SAFE
5.1. Storing Data
If you signed up for Telegram from the UK or the EEA, your data is stored in data centers in the Netherlands. These are third-party provided data centers in which Telegram rents a designated space. However, the servers and networks that sit inside these data centers and on which your personal data is stored are owned by Telegram. As such, we do not share your personal data with such data centers. All data is stored heavily encrypted so that local Telegram engineers or physical intruders cannot get access.
5.2. End-to-End Encrypted Data
Your messages, media and files from secret chats (see section 4.3.2 above), as well as the contents of your calls and the data you store in your Telegram Passport are processed only on your device and on the device of your recipient. Before this data reaches our servers, it is encrypted with a key known only to you and the recipient. While Telegram servers will handle this end-to-end encrypted data to deliver it to the recipient – or store it in the case of Telegram Passport data, we have no ways of deciphering the actual information. In this case, we neither store nor process your personal data, rather we store and process random sequences of symbols that have no meaning without the keys which we don’t have.
PROCESSING YOUR PERSONAL DATA
6.1. Our Services
Telegram is a cloud service. We will process your data to deliver your cloud chat history, including messages, media and files, to any devices of your choosing without a need for you to use third-party backups or cloud storage.
6.2. Safety and Security
Telegram supports massive communities which we have to police against abuse and Terms of Service violations. Telegram also has more than 400 million users which makes it a lucrative target for spammers. To improve the security of your account, as well as to prevent spam, abuse, and other violations of our Terms of Service, we may collect metadata such as your IP address, devices and Telegram apps you’ve used, history of username changes, etc. If collected, this metadata can be kept for 12 months maximum.
6.3. Spam and Abuse
To prevent phishing, spam and other kinds of abuse and violations of Telegram’s Terms of Service, our moderators may check messages that were reported to them by their recipients. If a spam report on a message you sent is confirmed by our moderators, your account may be limited from contacting strangers – temporarily or permanently. You can send an appeal using @Spambot. In case of more serious violations, your account may be banned. We may also use automated algorithms to analyze messages in cloud chats to stop spam and phishing.
6.4. Cross-Device Functionality
We may also store some aggregated metadata to create Telegram features (see section 6.5 below) that work across all your devices.
6.5. Advanced features
We may use some aggregated data about how you use Telegram to build useful features. For example, when you open the Search menu, Telegram displays the people you are more likely to message in a box at the top of the screen. To do this, we calculate a rating that shows which people you message frequently. A similar rating is calculated for inline bots so that the app can suggest the bots you are most likely to use in the attachment menu (or when you start a new message with “@”). To turn this feature off and delete the relevant data, go to Settings - Privacy & Security - Data Settings and disable “Suggest Frequent Contacts”.
6.6. No Ads
Unlike other services, we don’t use your data for ad targeting or other commercial purposes. Telegram only stores the information it needs to function as a secure and feature-rich cloud service.
WHO YOUR PERSONAL DATA MAY BE SHARED WITH
7.1. Other Telegram Users
7.2. Telegram’s Group Companies
We may share your personal data with: (1) our parent company, Telegram Group Inc, located in the British Virgin Islands; and (2) Telegram FZ-LLC, a group member located in Dubai, to help provide, improve and support our Services. We will implement appropriate safeguards to protect the security and integrity of that personal data. This will take the form of standard contract clauses approved by the European Commission in an agreement between us and our relevant group companies.
7.3. Law Enforcement Authorities
If Telegram receives a court order that confirms you’re a terror suspect, we may disclose your IP address and phone number to the relevant authorities. So far, this has never happened. When it does, we will include it in a semiannual transparency report published at: https://t.me/transparency.
YOUR RIGHTS REGARDING THE PERSONAL DATA YOU PROVIDE TO US
8.1. Your Rights
Under applicable data protection legislation, in certain circumstances, you have rights concerning your personal data. You have a right to: (1) request a copy of all your personal data that we store and to transmit that copy to another data controller; (2) delete (see section 9 below) or amend your personal data; (3) restrict, or object to, the processing of your personal data; (4) correct any inaccurate or incomplete personal data we hold on you; and (5) lodge a complaint with national data protection authorities regarding our processing of your personal data.
8.2. Data Settings
You can control how your data is used (e.g., delete synced contacts) in Settings - Privacy & Security - Data Settings (using one of our mobile apps).
Sadly, if you’re generally not OK with Telegram’s modest requirements, it won’t be possible for us to provide you with our Services. You can delete your Telegram account by proceeding to the deactivation page.
If you would like to delete your account, you can do this on the deactivation page. Deleting your account removes all messages, media, contacts and every other piece of data you store in the Telegram cloud. This action must be confirmed via your Telegram account and cannot be undone.
In secret chats, deleting a message always instructs the app on the other end to delete it too.
In cloud chats, you can choose to delete a message for all participants within at least 48 hours after sending. Otherwise, deleting a message will delete it from your message history. This means that a copy will stay on the server as part of your partner’s message history. As soon as your partner deletes it too, it’s gone forever.
As of version 5.5, any party can choose to delete any messages in one-on-one chats, both sent and received, for both sides. There is no time limit. Any party can also opt to clear the entire chat history for both parties, in which case the apps will be instructed to remove all messages in that chat, however many of them are still retained by either of the participants.
In supergroups and channels, deleting a message removes it for all participants. Note that deleted messages and original versions of edited messages from supergroups are stored for 48 hours after deletion in order to be shown in the admins log.
9.3. Self-Destructing Messages
Messages in Secret Chats can be ordered to self-destruct. As soon as such a message is read (2 checks appear), the countdown starts. When the timer expires, both devices participating in a secret chat are instructed to delete the message (photo, video, etc.). Media with short timers (less than a minute) are shown with blurred previews. The timer is triggered when they are viewed.
9.4. Account Self-Destruction
By default, if you stop using Telegram and do not come online for at least 6 months, your account will be deleted along with all messages, media, contacts and every other piece of data you store in the Telegram cloud. You can go to Settings to change the exact period after which your inactive account will self-destruct.
REGISTRATION IN APPLICATION
10.1. After downloading the Application to his device from the Store, the User installs the Application, launches it and goes through the registration procedure in the Application.
10.2. In order to complete the registration, after installing the Application from the Store, the User needs to associate his device with the Telegram database, for which he needs to perform one of the following actions:
10.2.1. Enter the code that came to any active “Telegram” of the User (both the mobile application and the stationary version for the personal computer);
10.2.2. Enter the code from the SMS message.
10.3. Registration and entry into the Application is carried out using the Telegram service. The service of registration and authorization of the User in the Application works exclusively with the help of the equipment and servers of Telegram.
10.4. The User is obliged to immediately notify the Rightholder of any case of unauthorized (not permitted by the User) access to the User account and / or any violation (suspicion of violation) of the confidentiality of their means of access to the account in the Application. The Rightholder is not responsible for possible loss or damage to data, as well as other consequences of any nature that may occur due to a violation of the provisions of the Agreement by the User.
LINK TO TELEGRAM
11.1. The application is developed based on the Telegram API available at https://core.telegram.org/api, which is open source. The peculiarity of the Application is that it retains all the functionality of Telegram, and also adds new ones that are not included in Telegram, for example, sending cryptocurrency to other Telegram users from the chat.
11.2. It is impossible to access the User’s personal information through the equipment and / or the Rightholder’s server, since the entire User’s information is stored on its device and on the Telegram equipment.
11.3. Functions of the Rightholder’s server equipment in the Application: secure storage and sending of cryptocurrency.
11.4. All cloud storage used in the Application belongs to the “Telegram”, the entire history of correspondence, contacts, files, media of the User is stored in his account and is displayed both in the Application and in the “Telegram”. This, in fact, is a single database.
11.5. The main difference between the Application and Telegram is the ability to send cryptocurrency within the Telegram interface, which works on top of the existing one in Telegram.
USING THE OPENTELEGRAM WALLET
12.1. Currently, the OpenTelegram wallet (“Wallet”) is based on the Free TON decentralized platform.
Registration of the Wallet is carried out by authorizing the User’s Account via Telegram. Authorization is done through the OAuth2 Telegram bot and is required every time you log in or reinstall the Application.
12.3. Wallet activation
The activation of the wallet occurs voluntarily by the user himself when he clicks on the “Activate” button in his personal account.
12.4. Sending cryptocurrency
A user with an active wallet can send and receive cryptocurrency in his personal account.
Wallet top-up is a service provided by a third-party acquirer on the website: https://exchange.ton-smart.ru. User agreement: https://exchange.ton-smart.ru/terms.
Withdrawing funds from a wallet is a service provided by a third-party acquirer on the website: https://coins.black. User agreement: https://coins.black/agreement.
12.7. Any additional questions not described in this section related to the use of the Wallet, the User can write to the support service at @Vladimir_BlackC.
ACCOUNT AND TON BLOCKCHAIN
13.1. Due to the inherent transparency of many blockchains, including the TON, transactions that individuals broadcast via OpenTelegram may be publicly accessible. This includes, but is not limited to, your public sending address, the public address of the receiver, the amount sent or received, and any other data a user has chosen to include in a given transaction. Information stored on a blockchain may be public, immutable, and difficult or even impossible to remove or delete. Transactions and addresses may reveal information about the user’s identity and information can potentially be correlated now or in the future by any party who chooses to do so, including law enforcement. Users are encouraged to review how privacy and transparency on the blockchain works.
More information about TON can be found on the website https://ton.org.
13.2. Only you have access to your TON account, private keys and funds in your accounts. The application does not store keys, access and recovery files.
After creating a crypto wallet, be sure to make a backup copy in the settings and store it carefully. Make sure that you have saved your passphrase in a safe place. You, and only you,can restore your wallet if you lose your smartphone or when you log in from a new device, including through third-party wallets, only with the backup copy help.
Beware of scams and questionable offers. Do not give your public wallet address to strangers. By knowing your address, anyone can find out your balance through the open system of blockchain operations. Set up data privacy in your Telegram profile additionally.
13.3. We may contract with third parties to perform functions related to the Services (“Service Providers”). In general, Service Providers will have access to your Personal Information only to the extent needed to perform their business functions but may not use or share that personal information for purposes outside the scope of their functions related to the Services.
SIMPLE ELECTRONIC SIGNATURE
14.1. By virtue of the Law on Electronic Signature, a simple electronic signature is an electronic signature, which, by using codes, passwords or other means, confirms the fact that an electronic signature has been generated by a certain person. Thus, any actions of the User using the login and password to his account in the Application confirm the fact of the formation of a simple electronic signature directly by the User.
14.2. Electronic documents and messages signed with a simple electronic signature are recognized as equivalent documents on paper, signed with a handwritten signature.
14.3. The user undertakes to respect the confidentiality of his electronic signature and bears full responsibility for its safety and individual use, independently choosing the method of their storage and restricting access to it.
LIMITATION OF LIABILITY
15.1. The User understands and unconditionally agrees that he uses the Rightholder’s services under the Agreement solely at his own risk and that the services are provided to the User on an “as is” and “as available” basis, namely the Rightholder does not declare or guarantee that:
- services will meet the requirements of the User;
- services will be provided continuously, timely, safely and without errors;
- any information received by the User as a result of using the services will be full-time and reliable;
- defects in the work or functionality of any software as part of the Application will be corrected in the expected time of the User.
15.2. The User also understands and agrees that all the Application’s services are provided “as is” and that the Rightholder is not responsible for any delays, malfunctions, incorrect or untimely delivery, deletion or failure of any user personal or other information.
15.3. The copyright holder of “Telegram” is responsible for the quality of communication services presented in the Application.
15.4. Access to downloaded malware in the Application.
15.5. The Rightholder is not responsible for the loss of User data.
15.6. The User agrees that the Application meets its requirements.
15.7. The Rightholder or his representatives are not responsible before Users or before third parties, for any indirect, incidental, unintentional damages, including enhanced outcomes or lost data, harmful conditions, value or business reputation arising in connection with the use of the Application, all usable that can be achieved with it.
16.1. Design elements, the wallet interface, transfers in chats and other objects that are absent in the Telegram interface are the subject of the exclusive rights of the Rightholder.
16.2. The user is granted a personal non-exclusive and non-transferable right to use the Application on his device, provided that neither the User himself nor any other persons with the assistance of him will:
- copy or modify the software;
- create software-derived programs;
- penetrate the software in order to obtain program codes;
- violate the rights of third parties;
- to sell, assign, lease, transfer to third parties in any other form the rights with respect to the software provided to the User under the Agreement;
- modify services, including in order to obtain unauthorized access to them.
16.3. In case of detection of a violation of intellectual property rights, the respective Rightholder must pre-trial send an application to the Rightholder by e-mail: firstname.lastname@example.org. The application is submitted by an authorized person, a copy of the document is attached to the application (in written or electronic form) confirming his authority.
16.4. In case of detection of incomplete information, inaccuracies or errors in the Application, the Rightholder submits to the applicant within 24 (twenty-four) hours from the date of receipt of a statement a notification on the clarification of the submitted information. This notification may be sent to the applicant once. Within 24 (twenty-four) hours from the moment of receiving the notification, the applicant takes measures aimed at filling the missing information, elimination of inaccuracies and errors, and sends the specified information to the Rightholder.
16.5. Within 24 (twenty-four) hours from the moment of receipt of a statement information specified by the applicant (in the case of notification to the applicant), the Rightholder removes the intellectual property from the Application, the rights to which have been violated.
16.6. If the Rightholder has evidence confirming the legality of placing information containing the object of copyright and (or) related rights in the Application, the Rightholder has the right not to take measures to remove such information on a statement, and sends the applicant a corresponding notice with the above evidence.
17.1. All disagreements or disputes that may arise between the parties to the Agreement should be resolved in the pretrial order through negotiations, the sending of claim letters. The deadline for responding to a claim is 10 (ten) business days. Claims of the User are accepted and considered by the Rightsholder only in writing.
17.2. If agreement for any reason is not reached during the pre-trial settlement, the dispute arising from the Agreement shall be considered on the basis of Ukraine international arbitration law.
17.3. The law of Ukraine applies to the relations of the parties under the Agreement. Acceptance of the Agreement by a foreign User means that the text of the Agreement is understandable to him and does not need translation. If necessary, the translation of foreign users undertake to translate into the language they need on their own and at their own expense.
DETAILS of the Rightholder
Name: Titov Vladimir Vladimirovich
Registered in Ukraine