Покупка и возврат цифровых товаров

This Digital Goods Purchase and Refund Policy ("Policy") governs the purchase, sourcing, resale, delivery, review, cancellation, refund, reversal, and related handling of digital goods made available by The Open Earn and/or The Open Squad, including but not limited to:

• Telegram Stars;
• Telegram Premium;
• digital gifts;
• bundles, credits, top-ups, or similar digital products;
• any other digital items, entitlements, or services expressly offered by us from time to time (collectively, "Digital Goods").

By placing an order or making a purchase, the user agrees to this Policy in addition to the applicable Terms of Use and Privacy Policy.

All Digital Goods are intangible digital products, digital entitlements, or digitally fulfilled services only.

Unless expressly stated otherwise by us in writing:

• Digital Goods have no cash value;
• Digital Goods are not redeemable for fiat money;
• Digital Goods are not deposits, stored value, securities, investment products, or bank products;
• Digital Goods may be non-transferable, limited, revocable, or subject to platform-side restrictions;
• Digital Goods may depend on Telegram systems, Fragment-related channels, payment systems, wallet infrastructure, account status, third-party integrations, and technical availability.

Purchase of Digital Goods grants only the limited digital benefit or entitlement expressly described in the relevant purchase flow, if successfully delivered or activated.

In connection with certain Digital Goods, we may act as a reseller, intermediary, facilitator, sourcing party, or fulfillment layer.

We may obtain, provision, source, assign, or arrange Digital Goods through third-party platforms, marketplaces, providers, processors, infrastructure, or Telegram-related channels, whether directly or indirectly.

Unless expressly stated otherwise, we do not operate, own, or control Telegram, Fragment, wallet infrastructure, blockchain networks, payment processors, card networks, banks, app platforms, or any third-party delivery system involved in the sourcing or fulfillment of Digital Goods.

We are not responsible for the independent acts, omissions, restrictions, delays, pricing changes, policy decisions, reversals, technical failures, or availability decisions of any third-party provider, platform, marketplace, processor, bank, wallet provider, blockchain network, Telegram-related system, or Fragment-related channel.

By purchasing any Digital Goods, the user represents and warrants that:

• they are legally permitted to make the purchase;
• they are at least 18 years old or otherwise legally capable of entering into a binding agreement under applicable law;
• they are not a U.S. person, are not located in the United States, and are not purchasing from or through the United States;
• they are not purchasing on behalf of, for the benefit of, or under the direction of any U.S. person or any business, organization, entity, or other party whose involvement would cause the transaction to violate applicable law, sanctions rules, export controls, or our compliance policies;
• they are not located in, resident of, or purchasing from any restricted jurisdiction where such transaction would be prohibited;
• they are not subject to sanctions or other legal restrictions that would prohibit the transaction;
• the payment method, account, wallet, and destination details used in connection with the purchase are lawful, valid, and authorized;
• the transaction does not violate any applicable law, regulation, payment rule, sanctions restriction, or third-party platform rule applicable to them.

We may refuse service where we reasonably suspect a violation of this Section.

All orders are subject to acceptance by us.

We reserve the right, in our sole discretion and to the maximum extent permitted by applicable law, to:

• accept, reject, delay, limit, suspend, or cancel any order;
• impose quantity limits, user limits, pricing limits, or purchase limits;
• request additional verification;
• review or hold an order for fraud, abuse, chargeback risk, compliance, sanctions, technical, operational, or legal reasons;
• refuse any order affected by pricing, listing, display, inventory, availability, sourcing, or processing errors.

A payment attempt, authorization, submitted order, or order confirmation screen does not guarantee acceptance, sourcing, fulfillment, or delivery.

Prices, availability, product descriptions, delivery timelines, limitations, and supported Digital Goods may change at any time without prior notice, to the extent permitted by applicable law.

We reserve the right to correct any:

• pricing errors;
• display errors;
• technical errors;
• inventory or sourcing errors;
• processing errors;
• conversion, denomination, or exchange-related errors;
• upstream pricing or marketplace discrepancies.

If a purchase is affected by an obvious, material, or upstream-related error, we may cancel the order, refuse fulfillment, adjust fulfillment, or reverse the affected transaction, even after payment has been initiated or collected, to the extent permitted by applicable law.

We do not guarantee that any quoted or displayed price will remain available for any period of time.

Payments may be processed through third-party processors, banks, card networks, wallets, Telegram-related systems, app platforms, marketplaces, or other payment channels.

By submitting payment, the user authorizes the applicable payment provider to charge the selected payment method for the total amount displayed at checkout or otherwise confirmed during the purchase flow.

We do not guarantee that every payment method will be available at all times.

We are not responsible for payment failure, delay, rejection, reversal, decline, hold, bank restrictions, processor limitations, card issuer controls, wallet issues, app platform interruptions, or other payment-side issues outside our reasonable control.

We may delay or refuse fulfillment until payment has been successfully authorized, received, cleared, reviewed, and accepted.

We will use commercially reasonable efforts to source and deliver purchased Digital Goods within the time stated in the Application or purchase flow, where such time is stated.

Delivery times are estimates only and are not guaranteed.

Delivery may depend on:

• Telegram systems;
• Fragment-related channels or marketplace availability;
• upstream provider acceptance;
• payment processor confirmation;
• account validation;
• wallet or destination validation;
• blockchain conditions, where relevant;
• fraud checks;
• compliance checks;
• manual review;
• third-party or platform-side technical conditions.

We may delay delivery where reasonably necessary for fraud prevention, operational integrity, legal compliance, technical review, or upstream sourcing and fulfillment constraints.

Delivery will be deemed completed when the purchased Digital Goods have been successfully:

• credited;
• activated;
• provisioned;
• assigned;
• transmitted;
• reflected in the relevant destination account, system, or platform;

as determined by our records together with any applicable upstream, platform-side, marketplace-side, or third-party confirmation data.

For the avoidance of doubt, minor display delays, client-side synchronization issues, temporary platform-side lag, cache issues, local device issues, or recipient-side visibility issues do not necessarily mean delivery has failed.

The user acknowledges that sourcing, fulfillment, activation, and delivery of Digital Goods may depend on upstream platforms and service providers, including marketplace operators, payment processors, Telegram-related systems, Fragment-related channels, wallet providers, app platforms, and technical infrastructure not controlled by us.

Accordingly, delivery, activation, pricing, timing, availability, reversals, entitlement status, recipient-side status, and related outcomes may be affected by third-party actions, rules, technical conditions, maintenance, compliance checks, policy decisions, marketplace limitations, or operational constraints.

We do not guarantee uninterrupted access to, immediate availability of, or continued availability of any particular Digital Good sourced or fulfilled through third-party systems.

Except where required by applicable law, all sales are final once the relevant Digital Goods have been successfully ordered, sourced, provisioned, activated, assigned, delivered, or otherwise made available for the benefit of the user or designated recipient.

Because Digital Goods are intangible and may be delivered, activated, consumed, or made available immediately, the user acknowledges that refund rights may be limited or unavailable once delivery, activation, fulfillment, or access has occurred.

Refunds may be granted only in the limited circumstances described in this Policy or where non-waivable law requires otherwise.

A refund request may be considered, except where delivery has been successfully completed or where a refund is otherwise unavailable under this Policy, if we reasonably determine that:

• the user was successfully charged;
• the purchased Digital Goods were not delivered within 24 hours due to a confirmed failure affecting our order processing, sourcing, or delivery flow;
• the relevant Digital Goods were not successfully credited, activated, assigned, provisioned, or otherwise made available to the user or designated recipient;
• where applicable, the relevant transaction has not been irreversibly recorded, confirmed, or otherwise completed on a blockchain or similar external system;
• the transaction is not subject to fraud, abuse, chargeback risk, compliance review, sanctions review, policy violation, or other legitimate hold.

In assessing refund eligibility, we may also consider whether the order has already been accepted, materially processed, reserved, fulfilled, activated, assigned, or otherwise acted upon by an upstream provider, platform, marketplace, Telegram-related system, Fragment-related channel, or other third-party dependency.

A refund request that does not satisfy the applicable conditions of this Section may be denied, except where required by applicable law.

To the maximum extent permitted by applicable law, refunds will generally not be provided in any of the following cases:

• the Digital Goods were successfully delivered, credited, activated, assigned, provisioned, or otherwise made available to the user or designated recipient;
• the Digital Goods were used, consumed, redeemed, transferred, spent, assigned, or otherwise enjoyed;
• the relevant entitlement or service period has started, including activation of Telegram Premium or similar time-based digital services;
• the relevant transaction has already been irreversibly recorded, confirmed, or otherwise completed on a blockchain or similar external system, where applicable;
• the relevant order has already been accepted, materially processed, reserved, fulfilled, activated, assigned, or otherwise acted upon by an upstream provider, platform, marketplace, Telegram-related system, Fragment-related channel, or similar third-party dependency;
• the issue arises from a third-party policy, account restriction, marketplace limitation, Telegram-side rule, upstream fulfillment decision, external compliance review, or other dependency outside our reasonable control;
• the user provided incorrect or incomplete payment details, account details, wallet details, recipient details, Telegram account details, or destination information;
• a delay, error, failure, or reversal was caused by Telegram, Fragment-related channels, app platforms, payment processors, wallet providers, banks, card issuers, blockchain networks, or other third parties outside our reasonable control;
• the purchase is subject to fraud, abuse, compliance, sanctions, chargeback, account security, or policy review;
• the user violated the Terms of Use or any other applicable policy;
• the purchase was accidental, unwanted, misunderstood, or made without reviewing the product description, except where mandatory law requires otherwise;
• the issue concerns a display delay, synchronization lag, caching issue, local device issue, recipient-side visibility problem, or similar circumstance that does not amount to an actual failure of fulfillment.

Nothing in this Section limits any non-waivable rights available under applicable law.

Without limiting the generality of this Policy:

12.1 Telegram Stars

Refunds relating to Telegram Stars may be denied where:

• Stars were successfully delivered or credited;
• Stars were transferred, spent, used, or otherwise consumed;
• relevant platform, marketplace, blockchain, or system records indicate successful fulfillment;
• blockchain, platform-side, or marketplace-side processing has already occurred, where applicable.

12.2 Telegram Premium

Refunds relating to Telegram Premium may be denied where:

• Telegram Premium was successfully activated, provisioned, or applied to the designated account;
• the Premium entitlement period has started;
• the designated recipient account was correctly identified and the entitlement was successfully assigned;
• the relevant platform, marketplace, or service indicates successful activation, assignment, or fulfillment.

Where Telegram Premium or similar subscription-like digital entitlements have already started or become active, no refund will be available except as required by applicable law.

If a refund is approved, it will be issued only to the original payment method used for the relevant purchase, unless otherwise required by applicable law.

We do not guarantee that the refund destination can be changed after payment.

We do not provide refunds in alternative forms, substitute products, replacement balances, cash equivalents, wallet transfers, crypto transfers, or manual off-channel payments unless we expressly decide otherwise or are required by law.

If a refund request is approved, we will initiate the refund within a reasonable time after confirmation of eligibility.

Actual receipt of funds may take 2 to 7 business days or longer depending on:

• payment processor timelines;
• bank processing;
• card issuer procedures;
• wallet provider timing;
• platform-side handling;
• network conditions;
• regional payment conditions;
• other third-party processing.

We are not responsible for delays occurring after the refund has been properly submitted to the relevant payment channel.

If a payment is charged back, reversed, disputed, clawed back, or otherwise invalidated, we may, to the maximum extent permitted by law:

• suspend or terminate the user account;
• revoke, deduct, freeze, cancel, or reverse associated Digital Goods, balances, entitlements, or benefits;
• block future purchases or withdrawals;
• refuse additional services;
• recover associated losses, fees, costs, or expenses where legally permitted.

We reserve the right to contest unjustified chargebacks or payment disputes and to provide relevant transaction records, delivery records, technical logs, account information, and fulfillment evidence to the applicable payment provider, card network, bank, platform, or dispute-resolution body, subject to applicable law.

We may conduct manual or automated reviews of:

• purchases;
• refund requests;
• payment attempts;
• device and account behavior;
• wallet connections;
• recipient details;
• Telegram-related destination details;
• technical signals;
• sanctions and compliance indicators.

We may request additional information reasonably necessary to verify:

• identity;
• payment ownership;
• recipient ownership or control;
• account details;
• transaction details;
• eligibility for delivery or refund.

We may deny any order, refund, delivery request, or support request where we reasonably suspect:

• fraud;
• abuse;
• multi-accounting;
• sanctions risk;
• payment abuse;
• unauthorized payment use;
• policy violation;
• unlawful conduct;
• account compromise;
• technical manipulation.

We may refuse, cancel, delay, reverse, block, or not fulfill any purchase, delivery, activation, or refund where the transaction, payment method, account, recipient, wallet, jurisdiction, or related activity is linked to:

• a restricted jurisdiction;
• a U.S. person or prohibited U.S.-related involvement;
• sanctions risk;
• export-control restrictions;
• illegal activity;
• suspicious or prohibited use;
• a legal, regulatory, reputational, operational, or compliance concern.

We are not obligated to complete any transaction that we believe may expose us, our partners, or our service providers to legal, financial, operational, or reputational risk.

To the maximum extent permitted by applicable law, Digital Goods are provided on an "as available" basis, and we disclaim all warranties, express or implied, except to the extent such disclaimers are prohibited by law.

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including loss of funds, loss of access, loss of opportunity, delayed delivery, failed activation, account-side restrictions, pricing changes, third-party reversals, blockchain events, wallet issues, marketplace-side failures, Telegram-side limitations, or third-party technical failures outside our reasonable control.

Our total liability arising out of or relating to any purchase of Digital Goods shall not exceed the amount actually paid by the user for the specific affected order that directly gave rise to the claim.

To the maximum extent permitted by applicable law, we shall not be responsible for losses, delays, failed delivery, failed activation, incorrect status display, pricing changes, reversals, account-side restrictions, wallet-side issues, blockchain events, marketplace-side limitations, Telegram-side restrictions, Fragment-related decisions, or other issues arising from the acts, omissions, policies, technical failures, or decisions of third-party platforms, providers, processors, banks, app stores, Telegram-related systems, Fragment-related channels, or other upstream or downstream service providers.

Where we act as a reseller, intermediary, or facilitator, our responsibility is limited to using commercially reasonable efforts to process the relevant order in accordance with our internal procedures and this Policy.

Nothing in this Section limits any non-waivable rights under applicable law.

Nothing in this Policy limits any mandatory consumer rights that cannot be waived under applicable law.

Where applicable law grants non-waivable rights relating to digital goods, digital content, payments, cancellations, refunds, or remedies, such rights will apply only to the minimum extent required by law.

If a user claims a statutory right, we may request information reasonably necessary to assess eligibility under the relevant law.

This Policy forms part of the legal framework governing purchases within The Open Earn.

In the event of inconsistency between this Policy and the Terms of Use, this Policy shall govern with respect to purchases, sourcing, fulfillment, delivery, refunds, payment handling, and related Digital Goods matters, unless expressly stated otherwise.

All other matters remain governed by the Terms of Use and Privacy Policy.

We may amend, update, replace, supplement, or discontinue this Policy at any time.

The version in effect at the time of purchase will generally apply to that purchase unless a change is required by law, payment-provider rules, platform requirements, upstream provider requirements, or operational necessity.

Continued use of the Application after an update may constitute acceptance of the updated version for future purchases.

For purchase, delivery, or refund requests, contact: sales@theopensquad.com

We may request information reasonably necessary to verify identity, payment ownership, recipient details, transaction details, account control, and the scope of the request before responding.

Response times are not guaranteed.