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USER AGREEMENT (GENERAL TERMS OF USE)
Russia, Novosibirsk
The first day of January two thousand twenty-fourth
This User Agreement (hereinafter - the Agreement) in accordance with Articles 428, 435, 437 and 1286 of the Civil Code of the Russian Federation is an agreement between the User, as defined hereinafter, expressing consent to the terms and conditions set forth in this Agreement by performing actions aimed at using the Service, and the Administration. The User's actions aimed at using the Service by virtue of Article 1286 of the Civil Code of the Russian Federation is considered unconditional acceptance of this Agreement. This Agreement, along with other additional terms and rules that relate to the use of the Service and are presented on the website of the Service, contain terms and conditions that apply to each User of the Service. By using the Service, the User agrees to these terms and conditions. If the User does not agree with any of the terms and conditions, the User must stop using the Service.
1. TERMS AND DEFINITIONS
The Parties agree that the following terms and definitions shall have the following meaning for the purposes of this Agreement:
"Administration", "Company" - Limited Liability Company "Saido", OGRN 1215400051514, TIN 5404229772, KPP 540401001, legal address: 630073, Novosibirsk region, Novosibirsk, Karl Marx Ave. 57, room 501, office 15, being the owner of exclusive rights to the Site.
"User" - any physical person who has reached the age allowed in accordance with the legislation of the Russian Federation for acceptance of this User Agreement, who has the appropriate powers, who has free access to the Internet, including the ability to use the Site, and who has registered with the Service.
"Service", "Site" - an Internet resource located on the Internet, aimed at placing and promoting user game content, as well as providing access to Users to the Services of the Administration, access to which the Administration temporarily provides Users at https://saido.pro/. The Site is an information resource, a set of information, access to which is provided by means of traditional and publicly available Internet browser (Internet Explorer, Firefox, Safari, Opera, Flock, Maxthon, Google Chrome, etc.) or otherwise. In other ways by a unified index of the information resource location consisting of letters, numbers and other signs, allowing to uniquely determine its location in the Internet, including the mobile version of the Site, mobile application, intranet and ftp-server, as well as its subdomains and versions of other hardware platforms.
The site is a complex object within the meaning of Article 1240 of the Civil Code of the Russian Federation, the creation of which is organized by the Administration. It includes computer programs, databases, program codes, know-how, algorithms, design elements, fonts, logos, as well as text, graphic and other materials, information, texts, graphic elements, images, photos, audio and video materials and other results of intellectual activity. Exclusive rights to the Service and any of its components belong to the Administration as a right holder or licensee on the basis of law, contract or other transaction.
"Computer Program" means a computer program called "Saido" available for download and installation by Users within the Service. The computer program is used to host and promote User Content, as well as for other purposes determined by the Company. The Computer Program includes both computer programs, mobile applications, websites and their components and separate components, including, but not limited to: databases, program codes, underlying know-how, algorithms, design elements, fonts, logos, as well as text, graphic and other materials, documentation thereof, inventions, processes, methods, ideas, written materials, other results of intellectual activity. Exclusive rights to the Computer Program and any of its components belong to the Company as a right holder or licensee on the basis of law, agreement or other transaction. The Computer Program includes different variations, modules and types depending on the User's choice.
"Company Content" means a set of text, graphic, audio and video materials (including audio-visual
works), placed on the Website and used by it, the rights to which belong to the Company as a right holder or licensee on the basis of law, agreement or other transaction.
"User Content" - elements of computer programs, program codes and their modifications, graphic, audio and video materials used within the game content and game elements, game modifications and other information, the rights to which belong to the User as a right holder or licensee on the basis of law, agreement or other transaction, published by the User for general access using the Service.
"Services", "Administration Services" - services for promotion of the User Content, advertising services, information, consulting and technical support services, as well as other services provided by the Administration within the framework of the Service and the Computer Program, depending on the Tariff Plan selected by the User.
"User Documentation" - instructions and informational materials explaining the procedure of the User's use of the Site.
"Registration" - a procedure in the course of which the User provides reliable data about himself/herself according to the form approved by the Administration, as well as creates a login and password. Registration shall be considered completed only if the User has successfully completed all its stages, including activation of the Personal Account. Registration can be carried out by clicking on a unique code sent to the e-mail address and (or) cell phone number specified by the User. One and the same User can not be registered on the Site more than once. Instead of registration, the Site may offer to perform the initial authorization using a third-party web service, as a result of which the Administration will be transferred token identifying the User. Verification of the User's Registration Data in the case of using the token is also carried out by providing the User's e-mail address and (or) cell phone number in order to ensure that there are no matching Accounts.
"Account", "Personal Account", "Account" - a set of records in the Administration's database identifying the User's credentials (login and password) specified by him/her during registration and allowing them to manage the parameters of the Site and Service.
"User Registration Data" - data voluntarily provided by the User during Registration and further use of the Website. The data is stored in the database of the Administration and is subject to use exclusively in accordance with this Agreement and applicable Russian and international legislation.
"Authorization" - a procedure in which the User enters his/her login and password in the designated fields in the form of the interface of the Site or a third-party web service in order to identify him/her, transfer the token to the Administration and determine the validity of authorization to access the Account and the full functionality of the Site.
"Tariff", "Tariff Plan" - a description of additional functionality of the Service and/or the Computer Program, as well as the services of the Administration, available for a fee, the amount of which is specified in the interface of the Service immediately before payment and/or on the Site.
"Token" - a unique set of characters identifying the User in accounts of third-party web services (social networks, messengers, Google Play, Apple AppStore and others). The Token enables authorized connection to the Website using authorization through third-party web services (social networks, messengers, Google Play, Apple AppStore and others).
"Terms of Use" - a set of agreements between the User and the Administration, including this Agreement, additional terms and rules that relate to the use of the Site, as well as other agreements, which separately stipulate that they are included in the Terms of Use of the Site.
"Personal data" means any information relating to a natural person (subject of personal data) defined or determined on the basis of such information, including his/her surname, name, patronymic, year, month, date and place of birth, address, e-mail address, telephone number, marital, social, property status, education, profession, income, other information.
"Device" means a computer, mobile device or virtual machine running an operating system compatible with the Site with a compatible web browser installed.
"Statistics" - information about the use of the Site and Service, additional functionality, website in general, about the interaction of Users with the Account, collected by means of Counters, cookies, web beacons and other similar technologies.
"Counter", "Tracker" - a part of the Website, a computer program using a code fragment responsible for collecting statistical and personal data on the use of the Website. The Administration may use counters of its own development, as well as counters provided by third parties under a limited license (license agreement), for example, Google Analytics, Yandex.Metrica and other similar counters. Counters collect personal data in an anonymized form.
"IP address" means a number from the numbering resource of a data transmission network based on the IP protocol (RFC 791), which uniquely identifies, when providing telematic communication services, including access to the Internet, the subscriber's terminal (computer, smartphone, tablet, other device) or means of communication included in the information system and belonging to the User
"HTTP header" - a line in an HTTP message containing a colon-separated name-value pair. The format of HTTP headers corresponds to the general format of ARPA network text message headers described in RFC 822.
"Cache" - an intermediate storage located on the User's device of the data received from the Site and requested more often than others with the highest probability, which can be accessed from the cache at a much higher speed than sampling the original data from a remote source (e.g., a remote server or website).
"Cookies", a "cookie" is a small piece of data sent by a web server and stored on the user's device of the website on which the Counter is installed. Cookies contain small pieces of text and are used to store information about browser activity. They allow you to store and retrieve identifying information and other information on computers, smartphones, phones and other devices. File specifications
"cookies" are described in RFC 2109 and RFC 2965. Other technologies are used for the same purpose, including data stored by browsers or devices, identifiers associated with devices, and other software. In this Agreement, all of these technologies are referred to as cookies.
"Web Beacons" - images in electronic form (single-pixel (1x1) or blank GIF images). Web beacons can help the Operator to recognize certain types of information on the User's device, such as cookies, time and date of page viewing and description of the page where the web beacon is placed.
"Messenger" - an information system and/or computer program (mobile application, web service, web application, etc.) that are designed and/or used to receive, transmit, deliver and/or process electronic messages of Internet users (e.g. Skype, WhatsApp, Viber, Telegram, VK, OK, Facebook Messenger, etc.).
"Cloud data storage" means an information system and/or computer program (mobile application, web service, web application, etc.), which are designed to enable storage of electronic files on a remote server of a person (provider) providing cloud data storage services (e.g., Yandex.Disk, Google Drive, Dropbox, Onedrive, Box.net, etc.).
"Collaboration software" - an information system and/or computer program (mobile application, web service, web application, etc.), which are designed to organize users' collaboration on a task (e.g., Google Docs, Yandex.Docs, Jira, Slack, GanttPro, Figma, Zeplin, CRM-systems - Bitrix24, amoCRM, etc.).
"Checksum" or "Hash Sum" means a certain mathematical value (sequence of symbols) calculated on a set of data by applying a certain algorithm, used within the framework of this Agreement to verify the integrity of electronic files during their transmission or storage. For the purposes of this Agreement, the calculation and verification of Checksums (Hash Sums) shall be performed by applying MD5 and SHA256 algorithms, including with the help of certutil.exe software (for Windows) or md5sum and sha256sum (for Linux).
All other terms and definitions appearing in the text of the Agreement shall be interpreted by the Parties in accordance with the legislation of the Russian Federation, current recommendations (RFC) of international standardization bodies on the Internet and the usual rules of interpretation of the relevant terms established in the Internet.
Terms and definitions used in this Agreement may be used both in the singular and plural, depending on the context, and may be capitalized or capitalized.
The titles of the headings (articles), as well as the structure of the Agreement are intended solely for convenience of use of the text of the Agreement and have no literal legal meaning.
2. SUBJECT OF AGREEMENT
This Agreement regulates the relations between the User, on the one hand, and the Administration, on the other hand, on granting to the User the right to use the Service (on the basis of a non-exclusive license) and the Computer Program (on the basis of a non-exclusive license) without the right to sublicense on the terms and conditions provided by this Agreement, and also regulates the general procedure for using the Service.
In accordance with this Agreement, the Administration grants the rights to use the Site in accordance with its purpose and functionality described in the User Documentation, including for the use of the Service.
The User has the right to use the Service both without Registration and after Registration. However, most of the functionality of the Service is available to the User only after Registration. To register in the Service, the User must provide reliable data about himself/herself on the form proposed for filling out, as well as create a login and password. The Administration has the right to set requirements to the password (length, allowable characters, etc.).
After completing registration, the User has access to the full functionality of the Service, except for the paid functionality, which can be unlocked for a fee.
In order to fulfill its obligations under the Agreement, the Administration has the right to involve third parties in the execution of the Agreement without the User's consent, provided that the third parties will not process the User's personal data without his consent.
The use of the Service in accordance with its purpose and functionality must be carried out by Users in strict compliance with applicable law.
The functionality of the Service and guiding materials for its use are set forth in the Service's User Documentation available on the Service's website.
The Parties have specifically agreed that the scope and functionality available for use within the Computer Program differs depending on the tariff plan selected by the User. The non-exclusive license for the Software shall be deemed granted to the User and accepted by the User from the moment of conclusion of this Agreement. Drawing up a separate acceptance certificate is not required.
The Administration reserves the right to change the cost of using the paid functionality of the Service at its discretion, at any time, without giving any reasons, while all the functions already paid for by the Users are retained by the User without changes. The cost of using the paid functionality of the Service is changed by the Administration by publishing new Tariffs on the page of the Service website.
3. INTELLECTUAL PROPERTY RIGHTS
The Service, its Content, other components and individual components (including, but not limited to: computer programs, databases, program codes, underlying know-how, algorithms, design elements, fonts, logos, as well as text, graphics and other materials) are objects of intellectual property protected in accordance with Russian and international law, any use of which is allowed only on the basis of the permission of the Administration.
The Administration hereby grants to the User for the entire term of this Agreement a simple (non-exclusive) license to use the Service and materials posted on the Service, without limiting the territory of its validity and not subject to transfer or assignment to third parties. Such a simple (non-exclusive) license is intended to enable the User to use the Service in accordance with its purpose, subject to the restrictions provided for in this Agreement.
The license is valid without limitation of the territory, unless otherwise established by other agreement with the User.
Revocation of the license granted in accordance with this Agreement shall be carried out in accordance with the procedure established by law for refusal to perform from the license agreement.
The right to use the Service includes the right to reproduce the Service or parts of its code on the User's end device (computer, smartphone, tablet, etc.) for the purpose of caching and launching it using the means of the target operating system (web browsers) in order to use the Service in accordance with its purpose.
The right to use the Service does not include the right to make a copy of the Service for archival purposes, as the use of the Service takes place in remote (online) mode, unless otherwise expressly established by a separate transaction with the User or written authorization of the Administration.
Use of the Service in accordance with this Agreement is allowed simultaneously on an unlimited number of User's devices.
Use of the Service in accordance with this Agreement may also have other limitations in functionality or, on the contrary, additional functionality specified in the User documentation of the Service, in particular, certain functionality of the Service may be available upon payment of a fee for its unblocking.
The right to use the Service granted to the User under this Agreement implies the right to receive regular updates of the Service within one version (minor updates of the current release, which are not a new version) and new versions of the Service (major updates - new releases, which are a new version) version) if available. Updates and new versions of the Service are provided to the User as soon as they become available on the Service website.
The User agrees that he/she may not (including may not allow anyone) to modify, create derivative works, disassemble the Service into component codes, decompile or otherwise attempt to obtain the source program code of the Service or any part thereof, unless there is a written permission of the Administration to perform such actions. Otherwise, the User bears full responsibility for such actions, provided by this Agreement, as well as international and Russian legislation.
This Agreement does not provide for the transfer of rights to the Administration's intellectual property (or any part thereof), except for the limited license granted under this Agreement. Nothing in this Agreement shall constitute an assignment of rights to the Administration's intellectual property or a waiver of such rights on the basis of law.
The Service contains or may contain computer programs that are licensed (or sublicensed) to the User under the GNU public license or other similar Open Source licenses, which among other rights allow the User to copy, modify, redistribute certain computer programs or parts thereof and to access the source code. If such license provides for the provision of source code to users to whom the computer program is provided in executable binary code format (object code), the source code is made available by making a request to the Administration's e-mail address. If any open source software license requires the Administration to grant rights to use, copy or modify open source software beyond the rights granted by this Agreement, such rights shall take precedence over the rights and restrictions set forth in this Agreement.
4. RIGHT TO USE A COMPUTER PROGRAM
The computer program, its components and individual parts (including, but not limited to: other computer programs, databases, program codes, underlying know-how, algorithms, design elements, fonts, logos, as well as text, graphics and other materials) are intellectual property objects protected in accordance with Russian and international laws, any use of which is allowed only on the basis of the Company's permission.
The Company hereby grants to the User for the entire term of this Agreement a non-exclusive license, non-transferable or assignable to third parties, without limitation, to use the computer programs both for profit and without such purpose, in the following ways:
reproduction of computer programs, i.e. making one or more copies of computer programs or parts thereof in any material form, including electronic media or computer memory, but only by the User, without the right to engage third parties and without transferring the source code of computer programs to anyone other than its employees;
making copies of computer programs in any quantity and for any purpose, including for archival purposes or to replace a legally acquired copy in cases when such copy is lost, destroyed or becomes unusable, but only by the User, without the right to engage third parties and without transferring the source code of computer programs to anyone other than its employees;
public display of a computer program, i.e. any demonstration of the original or a copy of a computer program directly or on a screen by means of a film, slide, television frame or other technical means in a place open to the public or in a place where a significant number of persons not belonging to the usual family circle are present, irrespective of whether the computer program is perceived in the place of its demonstration or in another place simultaneously with the demonstration of the program;
performance of actions necessary for the functioning of computer programs (including in the course of use in accordance with their purpose), correction of obvious errors;
the study, research, or testing of the operation of such computer programs in order to determine the ideas and principles underlying any element of the computer programs;
adaptation of the computer program, i.e. making changes to make the computer program function on specific technical means of the user or under the control of specific user programs, but only by the User, without the right to involve third parties and without transferring the source code of the computer program to anyone other than the User's employees;
The Company simultaneously with granting to the User a non-exclusive license for computer programs provides the User with its consent to:
use of the computer program exclusively with indication of the author's/authors' names and the name of the Company as the right holder at each such use;
This Agreement does not provide for the transfer of rights to computer programs or other intellectual property.
property of the Company (or any part thereof), except for the non-exclusive license granted hereunder. Nothing in this Agreement shall constitute an assignment of the Company's intellectual property rights or a waiver of such rights on the basis of law.
If infringement of exclusive rights to computer programs by third parties affects the User's rights obtained under this Agreement, the User shall not be entitled to protect its rights independently without involving the Company.
If the User translates, revises, modifies, adapts, corrects errors or makes any other changes to the computer program, the exclusive rights to such changes belong to the Company.
Within the framework of the right to use the computer program granted to the User under this Agreement, the Company shall also grant the User the right to receive regular updates of the computer program within one version (minor updates of the current release that are not a new version) and new versions of the computer program (major updates - new releases that are a new version) during the entire validity period of this Agreement if the Company issues such updates.
The User agrees that he/she may not (including may not allow anyone else to) modify, create derivative works, disassemble the computer program into its component codes, disassemble, decompile or otherwise attempt to obtain the source code of the computer program or any part thereof, unless there is a written permission of the Company for such actions. Otherwise, the User shall be fully liable for such actions under this Agreement and international and Russian law.
The Software contains or may contain computer programs that are licensed (or sublicensed) to the User under the GNU Public License or other similar Open Source licenses, which, among other rights, permit the User to copy, modify, redistribute certain computer programs or portions thereof and to access the source code. If such license provides for the provision of source code to users to whom the computer program is provided in executable binary code (object code) format, the source code shall be made available upon request to the Company's e-mail address. If any license for open source computer software requires the Company to grant rights to use, copy or modify the open source computer software beyond the rights granted by this Agreement, such rights shall prevail over the rights and restrictions set forth in this Agreement.
5. GENERAL RIGHTS AND OBLIGATIONS OF THE ADMINISTRATION, GUARANTEES
The Administration guarantees that it has all legal grounds for granting the User the right to use the Service and the Computer Program under this Agreement. All rights to the Service, the Computer Program and their components belong to the Administration, or other right holders who have granted the Administration a non-exclusive license with the possibility of sublicensing, including under an open license (LGPL, BSD, MIT, etc.).
Administration is in no way affiliated or otherwise connected with Users, works independently of them, does not aim to weaken their position or otherwise affect their position and does not try to profit from their business reputation.
The Administration undertakes to make all reasonable efforts to ensure stable operation of the Service and the Computer Program, gradual improvement thereof, correction of errors in the Service and the Computer Program, as well as to correct errors in the Service and the Computer Program.
However, the Service and the Computer Program are provided to the User on an "as is" basis. This means that the Administration:
does not guarantee the absence of errors in the operation of the Service and the Computer Program;
is not responsible for the uninterrupted operation of the Service and the Computer Program and their compatibility with the software and technical means of the User and other persons;
shall not be liable for any damages that have arisen or may arise in connection with or in connection with the use of the Service and the Computer Program;
shall not be liable for non-performance or improper performance of its obligations due to failures in telecommunication and energy networks, actions of malicious programs, as well as dishonest actions of third parties aimed at unauthorized access and (or) disabling the software and (or) hardware complex of the Administration.
The Administration guarantees to the User the operability of the Service and the Computer Program, provided that the User uses the latest versions of operating systems and web browsers to access it.
The Administration has the right to provide the User with access to the Service and maintain the Service in working condition, as well as has the right to suspend the provision of access to the Service for the time necessary for routine maintenance and repair work on the equipment without prior notice to the User. In addition, the Administration has the right to suspend the User's access to the Service and the Computer Program in case of revealing the fact of providing false information about yourself when registering or using the Service.
The User agrees that the Administration has the right to use the data provided by the User during registration for the purposes of marketing activities related to the Service and the Computer Program, as well as to send advertising and informational messages at its own discretion to the e-mail address provided by the User and (or) by SMS notification to the cell phone number provided by the User, to place in the space restricted to the User's access (Account). The Parties have agreed to consider this clause as the User's prior consent to receive advertising in accordance with Article 18 of the Federal Law No. 38-FZ "On Advertising" dated 13.03.2006.
The Administration reserves the right to contact the User by calling, sending SMS messages and e-mail messages in order to check the quality of the Service and the Computer Program and to communicate information critical for the User.
The Administration reserves the right to request copies of documents to identify the User or its beneficiaries in the event that the legislation imposes corresponding obligations on the Administration. In this case, the Administration is obliged to provide reliable contact information about the User and his beneficiaries at the request of registration institutions or law enforcement agencies in accordance with the law.
In order to avoid cases of infringement of intellectual rights of third parties, fraud and other illegal actions, the Administration reserves the right to request from the User supporting documents to verify the data provided by the User (if such data is provided by the User), which the User must provide to the Administration within 24 (twenty-four) hours from the moment of the request. During such verification, the Administration has the right to restrict the User's access to the Service and the Computer Program and/or the available functionality of the Service/Computer Program.
The Administration reserves the right to terminate the User's access to the Service/Computer Program (including by blocking access to the Service via the IP address from which the User's registration was made or the largest number of visits to the Service website were made by the User) and delete the User's Account with all its Registration data unilaterally, without notice and without giving any reasons, as well as without any compensation or reimbursement.
The Administration reserves the right in case of non-use of the Service by the User for 12 (twelve) consecutive calendar months to terminate this Agreement unilaterally out of court and delete the User's Account with all its Registration data unilaterally without any notice, as well as without any compensation or reimbursement.
The Administration reserves the right to establish any rules, limits and restrictions (technical, legal, organizational or other) on the use of the Service/Computer Program and may change them at its own discretion, without prior notice to the User. In cases where it is not prohibited by law, the specified rules, limits and restrictions may be different for different categories of Users.
The Administration undertakes to ensure the confidentiality and security of all data received from the User, except when such disclosure occurred for reasons beyond the control of the Administration, as well as except as provided by law or expressly provided for in the transaction, agreement, contract with the User.
The Administration undertakes to provide technical support to the User on issues related to the operation and use of the Service/Computer Program. Technical support is provided only at the User's request. Consultations on issues not related to the operation of the Service/Computer Program are not provided.
6. GENERAL RIGHTS AND OBLIGATIONS OF THE USER, GUARANTEES
The user warrants that:
It shall have the power and capacity to enter into this Agreement, which shall be legally binding, on its own behalf or on behalf of a natural person, individual entrepreneur or legal entity for whose benefit it enters into this Agreement.
Understands that the Administration does not provide legal advice and recommendations regarding legislation or requirements that apply to the User, or to end users, as well as the compliance of the User with applicable laws and requirements.
The User has obtained all necessary consents and authorizations required by applicable law for the posting, transfer and publication of personal data and/or images of natural or legal persons, which are indicated by the User as part of his/her personal registration data. The User undertakes to comply with all relevant legal requirements and restrictions in relation to them.
All information and documents provided by the User to the Administration in connection with the acceptance and execution of this Agreement are true. The User has not concealed the circumstances that could, upon their discovery, negatively affect the decision of the Administration concerning the validity of this Agreement and its execution.
Acceptance (acceptance) of this Agreement does not violate any rights and obligations of the User to third parties.
Does not participate and is not associated in any way with any transaction or other obligation, for which he is in a situation of default, or is obliged to early fulfill his obligations, or participation in which may adversely affect the ability of the User to fulfill his obligations under this Agreement, of which the Administration has not been informed by the User.
User's Rights:
The User has the right to use the Service and the Computer Program in ways not prohibited by this Agreement and applicable international and Russian law in accordance with their purpose and within the limits of their functionality.
In case of technical problems in the operation of the Service or the Computer Program, as well as in case of receipt by the User of messages from e-mail addresses containing the domain name of the Administration, which are unauthorized advertising, or containing materials prohibited by this Agreement, including threats or files with suspected viruses, as well as if the User discovers facts that give reason to believe that his access to the Service or the Computer Program has been used by someone unauthorized, the User shall not be allowed to use the Service or the Computer Program in an unauthorized manner.
The User has the right to contact technical support for the questions concerning the Service and the Computer Program specified in this Agreement.
User has the right to ensure the safety of his personal data, as far as it depends on the Administration in accordance with applicable international and Russian law.
The User has the right to refuse calls, SMS messages, e-mail messages and other informational promotional mailings at any time by informing the Administration or disabling the corresponding mailing in the Account.
User Responsibilities:
When using the Service and the Computer Program, the User undertakes not to violate the intellectual property rights of the Administration.
The User is responsible for keeping the login and password for the Account and the web service used for authorization out of the reach of third parties and timely changing them in case of loss or other necessity.
The User is responsible to the Administration for providing accurate and up-to-date contact and registration information about themselves when using the Service and the Computer Program. In case of changes in the specified data, the User is obliged to inform the Administration about it by independently changing their data.
The User agrees never and under no circumstances to use the Service and the Computer Program to perform actions prohibited or restricted by international and Russian law.
The User is obliged not to cause damage to the Service and the Computer Program and their components in the process of its use, as well as to technical and software tools, node machines of the Administration or other persons ensuring the functioning of the Service and the Computer Program, including by sending to their IP-addresses numerous requests causing DDoS-attack and "denial of service" error or by conducting operations
"parsing."
The User agrees to reimburse the Administration for any losses incurred by the Administration in connection with the User's use of the Service and the Computer Program with the User's violation of this Agreement and the rights (including intellectual, informational, etc.) of third parties.
The User acknowledges and agrees that the IP-address of the User's device is fixed by technical means of the Administration, and in case of committing illegal actions, including actions that violate the intellectual rights of third parties, the owner of the device, determined by technical means of the Administration on the belonging of the IP-address, is recognized as responsible for these illegal actions.
Fair Cooperation Policy: The purpose of use of the Website by all Parties is to ensure quality and effective placement of User Content by Users, fulfillment of obligations to each other in a proper manner, as well as protection of rights and interests of the Parties. In case of revealing violations of the Fair Cooperation Policy, the Administration has the right to unilaterally restrict access of such Party to the Site.
The User is prohibited to perform the following actions within the Site:
Calls for violent change or overthrow of the constitutional order or seizure of state power; calls to change the borders of constituent entities of the Federation or the state border of the Russian Federation, violation of the order established by the Russian Federation; calls for pogroms, arson, destruction of property, seizure of buildings or structures, forced eviction of citizens; calls for aggression or unleashing military conflict, as well as other calls of extremist nature;
Obscene direct and indirect insults to anyone, including those based on ethnicity, race, religion, gender or sexuality, as well as statements of a chauvinistic nature;
Offensive behavior and language towards the Administration and other Users;
Placement of objects and advertisements by Users:
objects that violate the applicable laws of the Russian Federation and/or the intellectual property rights of third parties;
objects that do not conform to the User Documentation;
Trojans, viruses, Internet worms, programs for hacking or unauthorized access to information, and other "hacker" programs that can cause harm;
software and/or component parts of information systems;
The development of software for spamming, as well as the development of spamming software.
Publication of the following information:
explicit and implicit advertising of third-party sites, including referral links and links to similarly oriented sites;
any messages and announcements related to the generation of illegal income, including the proceeds of fraudulent activities;
any messages and announcements containing information on the illegal distribution of narcotic drugs, psychotropic substances, their analogs and precursors;
containing profanity;
provoking conflicts based on political, racial, religious, national or other animosity;
that violates the rights of legitimate copyright holders;
untargeted sending of promotional information in personal messages;
Transfer of accounts to third parties. One account belongs to one User.
The user has no right to:
transfer the right to use the computer program granted to him to third parties;
provide third parties with access to the computer program by any means;
grant sublicenses;
create any software, products and services using the computer program and other intellectual property objects included in it;
modify and redesign the computer program and other intellectual property objects included in it by any means and for any purpose, except for the cases provided for by the legislation of the Russian Federation;
delete or change any information in the computer program regarding the Company's rights to it.
7. PROCEDURE FOR USING THE SERVICE AND THE COMPUTER PROGRAM
The Agreement regulates the relations exclusively on the use of the Service and the Computer Program in accordance with their purpose.
The use of the Service and the Computer Program in accordance with their purpose and functionality shall be carried out by Users in strict compliance with the applicable laws of the Russian Federation.
The functionality of the Service and the Computer Program and guidelines for their use are provided in the User Documentation of the Service.
The User is entitled to use the Service and the Computer Program only after Registration in the Service.
To register in the Service, the User must provide reliable data about himself (in particular, surname, first name, patronymic (if there is a patronymic); e-mail address; age) according to the form approved by the Administration. The registration form of the Service may also request additional information from the User.
Registration is considered completed only if the User has successfully passed all its stages, including verification by entering a unique code in the Computer Program sent to the e-mail address specified by the User. Instead of registration, the User may perform the initial authorization using a third-party web service if such technical capability is available.
After completing the Registration, the User has access to the functionality of the Service in accordance with its purpose.
8. PROCESSING OF PERSONAL DATA
Acceptance (acceptance) of the Agreement and use of the Service and the Computer Program in accordance with it stipulates the need to provide, collect and/or use a number of personal data. In particular, when providing access to the Service and the Computer Program and their use, the Administration accesses and uses a number of data relating to individuals who are Users. The Administration's Privacy Policy relating to the Service is available at: https://saido.pro/privacy.pdf.
The User's consent to the terms of this Agreement means familiarization and consent of the User with the terms of the Administration's privacy policy.
Using the Service and the Computer Program, the User, in compliance with the requirements of the Federal Law of 27.07.2006 № 152-FZ "On Personal Data" provides the Administration with its consent to the processing of the following personal data:
e-mail address;
cell phone number;
age;
token;
HTTP headers;
IP address of the Device;
cookie data;
data collected by meters;
Web beacon data;
browser information;
technical specifications of the Device and software;
technical data on the operation of the Service and the Computer Program, including dates and times of use and access;
identifiers of the requested interface windows of the Service and the Computer Program;
geolocation data;
for the term of this Agreement or any other transaction with the Administration for the following purposes:
use of personal data of the User for the purposes of conclusion and execution of this Agreement or any other transaction with the Administration;
use of the User's personal data for the purposes of proper functioning of the Service and the Computer Program in accordance with the User's expectations, in particular for correct identification of the User;
placing personalized advertising and/or other information in any section of the Service and the Computer Program and interrupting the use of the Service and the Computer Program with advertising information;
conducting marketing programs, various offers, promotions and advertising activities related to the Service and the Computer Program;
conducting statistical and other studies of the use of the Service and the Computer Program on the basis of anonymized data;
compliance with mandatory requirements of applicable laws.
Within the framework of the granted consent, the Administration is granted the right to perform any actions with the User's personal data, including, but not limited to: collection, systematization, accumulation, storage, clarification (update, change), use, transfer, depersonalization, blocking, destruction, transfer, including cross-border transfer, of personal data to the Administration's partners, the list of which is provided on the Administration's website, as well as to perform other necessary actions with personal data, taking into account the current law.
Processing of the User's personal data is allowed using the following main methods (but not limited to them): storage, recording on electronic media and their storage, compilation of lists, labeling.
Processing of personal data of the User under this Agreement is allowed by the Administration without the use of means of automation, while such actions with personal data as the use, clarification, distribution, destruction of personal data in respect of the User are carried out with the direct participation of a person.
It is allowed to process User's personal data using DPM-systems (Data Protection Manager), including those belonging to third parties and provided to the Administration on the basis of a relevant contract or agreement, subject to compliance with measures to protect the confidentiality of personal data.
Processing of personal data provided by the User in the process of using the Service in accordance with the Agreement is carried out on the basis of paragraph 5, part 1, article 6 of the Federal Law of 27.07.2006 № 152-FZ "On Personal Data" in connection with the need to conclude and execute this Agreement to which the User is a party.
Processing of the User's personal data in accordance with this Agreement is carried out without notification of the authorized body for the protection of the rights of personal data subjects processing of personal data in accordance with paragraph 2 of Article 22 of the Federal Law dated 27.07.2006 No. 152-FZ "On Personal Data", because:
personal data of the User, received by the Administration in connection with the conclusion and execution of the Agreement, to which the User is a party, are processed, at the same time personal data are not distributed, as well as are not provided to third parties without the consent of the User and are used by the operator exclusively for the execution of the Agreement and conclusion of other contracts and agreements with the User;
User's personal data received by the Administration are processed without the use of automation, i.e. with the direct participation of a human being, in accordance with federal laws or other regulatory legal acts of the Russian Federation, establishing requirements to ensure the security of personal data during their processing and to respect the rights of subjects of personal data.
This consent to the processing of the User's personal data extends to any transfer of the User's personal data to the Administration, made prior to the provision of this consent.
9. LIABILITY, LIMITATION OF LIABILITY
Under no circumstances the Administration shall be liable for any damage caused to the User in the process of using this Service and the Computer Program, including for the User's attempts to use the Service instead of professional or specialized software, use of the Service and the Computer Program in emergency situations, getting into an unfavorable situation as a result of using the Service and the Computer Program, for any indirect, accidental, unintentional damage, including lost profits or lost data, in the following cases
The Administration is not responsible for the loss of the User's ability to access his Account
(loss of login and/or password from a third-party web service account).
Administration is not responsible for the User's lack of access to the Internet, for the quality of services of communication providers, for the stability of the connection and availability of certain data transfer protocols.
The Administration is not responsible for termination of the User's access to the Service and the Computer Program for reasons not related to the fault of the Administration.
The Administration is not responsible for the fact that the User transmits information using the Service and the Computer Program via unprotected data transmission channels on the Internet and for the safety of information during its transmission.
The Service and the Computer Program may contain links to other resources of the Internet. The User hereby agrees that the Administration bears no responsibility for the availability of these resources and for the information posted on them, as well as for any consequences associated with the use of these resources.
In all circumstances, the liability of the Administration shall be imposed on it only if its actions / inactions are guilty and such liability is limited to the amount of 1 (one) ruble and may not exceed this amount.
In other cases, for failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties shall be liable under the civil legislation of the Russian Federation.
10. FORCE MAJOR.
The Party shall be released from liability for partial or full non-fulfillment of obligations under this Agreement if it proves that proper fulfillment was impossible due to force majeure, i.e. extraordinary, unforeseeable and unavoidable circumstances arising during the implementation of obligations from this Agreement, which could not be reasonably expected at its conclusion, or avoided or overcome, as well as beyond the control of the Parties to this Agreement.
Force majeure circumstances include, inter alia: hostilities (declared or actual war), civil unrest, mass diseases (epidemics, pandemics, etc.), strikes, blockades, natural disasters (earthquake, flood, hurricane, etc.), fire, terrorist acts, sabotage, transportation restrictions, governmental prohibitive measures, prohibition of trade operations, including with certain countries due to international sanctions, as well as disconnection of the data center.), fire, terrorist acts, sabotage, transportation restrictions, prohibitive measures of states, prohibition of trade operations, including with certain countries, due to international sanctions, as well as disconnection of data centers located in the territory of the Russian Federation from the global Internet and blocking of servers or connections by supervisory authorities.
Force majeure circumstances do not include, in particular, entrepreneurial risks, such as breach of obligations on the part of the debtor's counterparties, the debtor's lack of necessary funds, as well as financial and economic crisis, changes in the exchange rate, devaluation of the national currency, criminal actions of unidentified persons.
Upon occurrence of force majeure circumstances specified in this Chapter, each Party shall without delay notify the other Party of them in writing, including by sending a message to e-mail or messenger. The notification shall contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, giving an assessment of their impact on the possibility of fulfillment by the Party of its obligations under this Agreement.
In cases of force majeure circumstances provided for in this Chapter, the time limit for fulfillment of the Party's obligations under this Agreement shall be postponed commensurate with the time during which these circumstances and their consequences are in effect, if such change of time limits is possible and/or appropriate.
If it is impossible and/or inexpedient to change the terms of fulfillment of obligations under this Agreement by the Party, or the force majeure circumstances and their consequences continue to operate for more than 2 (two) months, the Party shall have the right to refuse to fulfill this Agreement with reference to the impossibility of fulfillment of obligations under the Agreement due to the force majeure circumstances, if additional negotiations to identify acceptable alternative ways of fulfillment of this Agreement are not carried out within a reasonable period of time. The initiating Party shall notify the other Party of its refusal to fulfill its obligations under the Agreement within a reasonable period of time.
If a Party refuses to execute this Agreement with reference to the impossibility of its execution due to force majeure circumstances, none of the Parties shall have the right to demand from the other Party compensation for possible or existing losses.
11. DISPUTE RESOLUTION AND CLAIMS SETTLEMENT
All disputes and claims shall be settled on the basis of the provisions of this Agreement, and in case of failure to settle them - in accordance with the procedure established by the current legislation.
Any questions, comments and other correspondence of the User should be sent to the Administration by sending an electronic message by the methods provided in this Agreement for the exchange of notices, messages and documents. Administration is not responsible and does not guarantee a response to requests, questions, suggestions and other information sent to it by any other means.
Claims arising in connection with this Agreement shall be sent to the Administration by sending an electronic message by means provided in this Agreement for the exchange of notices, messages and documents. The Administration undertakes to consider this claim within 10 (ten) working days, if necessary sending a letter stating its position to the e-mail address specified in the claim. In this case, the Administration does not consider the claims of Users who can not be identified on the basis of the data provided to them during registration (including anonymous claims). If it is impossible to resolve the claim through negotiations, the dispute shall be resolved in court in accordance with this Agreement.
User and Administration agree that if it is impossible to resolve disputes arising in connection with this Agreement, through negotiations, such disputes shall be resolved by the parties in court at the location of the Administration under the rules of Russian law.
12. THE TERM OF THE AGREEMENT AND ITS TERMINATION
Deletion of the User's Account from the Service shall be considered as a refusal to use the Service and termination of this Agreement unilaterally and extrajudicially at the initiative of the User from the moment of deletion of the Account.
This Agreement is concluded between the Parties for an indefinite period of time.
In order to delete the User's registration data and User's Account, the User should use the corresponding functionality of the Service or address a request to the Administration at the e-mail address specified in this Agreement or on the website of the Service.
Deletion of the User's Account from the Service by the Administration due to the User's failure to use the Service for 12 (twelve) consecutive calendar months shall be considered a refusal to provide the Service and termination of this Agreement unilaterally and extrajudicially at the initiative of the Administration from the moment of deletion of the Account.
13. AGREEMENT BETWEEN PARTICIPANTS OF ELECTRONIC INTERACTION
The rules given in this section are an agreement between the Parties to this Agreement as between the participants (parties) of electronic interaction in accordance with Article 6 of the Federal Law dated 06.04.2011 N 63-FZ "On Electronic Signature", which establishes the cases of recognition of electronic documents (including primary accounting documents) signed by a simple electronic signature, equivalent to documents on paper signed by a handwritten signature.
From the moment of conclusion of this Agreement, the Parties may exchange any electronic documents and electronic messages, as well as, respectively, enter into contracts, agreements, make transactions and perform unilateral actions between themselves, signing them with a simple electronic signature in accordance with the procedure established by this Section. In particular, the Parties shall have access to signing with a simple electronic signature such documents as consent to the processing of personal data, withdrawal of consent to the processing of personal data, consent to receive promotional mailings, withdrawal of consent to receive promotional mailings and other documents.
Information in electronic form in the form of an electronic document or electronic message sent by one of the Parties to the other Party shall be legally effective only if it is either sent to the respective e-mail address of the receiving Party from the e-mail address of the sending Party specified in this Agreement or upon Registration in the Service, or it is sent to the other Party through the collaboration software, or sent to the other Party using a messenger.
The Parties agreed to consider the existence of relevant records in the information systems of e-mail operators, messengers, collaboration software or the Service as evidence of the fact of sending or receiving information. As evidence of the existence of such records, the Parties agreed to consider as reliable also screen shots (screenshots) from devices from which it is possible to access such information systems.
When transmitting information in the form of electronic files, a Checksum (Hash Sum) value may be used to confirm their authenticity (immutability).
For the purposes of this Agreement and any other transaction between the Parties, information in electronic form sent by one Party from its e-mail address to the e-mail address of the other Party shall be deemed to be signed with a simple electronic signature in the form of an e-mail address (login) contained in the e-mail message itself, a simple electronic signature key (password) applied in accordance with the rules established by the e-mail service provider and the e-mail message containing information indicating the Party from which the e-mail message is sent.
For the purposes of this Agreement and any other transaction between the Parties, information in electronic form sent by one Party to the other Party by means of a messenger is considered to be signed with a simple electronic signature in the form of the sending Party's identifier in the messenger, which is contained in the electronic message itself, the simple electronic signature key (password) is applied in accordance with the rules established by the messenger operator and the electronic message contains information indicating the Party on whose behalf the message was sent.
For the purposes of this Agreement and any other transaction between the Parties, information in electronic form sent by one Party to the other Party using collaborative software shall be deemed to be signed with a simple electronic signature in the form of the sending Party's identifier in the collaborative software (login), which is contained in the electronic message itself, the key of the simple electronic signature.
electronic signature (password) is applied in accordance with the rules established by the operator (owner) of the collaboration software and the electronic message contains information indicating the Party on whose behalf the electronic message was sent.
Information in electronic form signed by a simple electronic signature of the Party sending it shall be recognized by the Parties as an electronic document equivalent to a paper document signed by a handwritten signature of the respective Party. All documents, notices and communications sent by the Parties to each other under this Section shall be recognized as official correspondence under this Agreement and any other transaction between the Parties, and shall have the force of a legally significant written document. Messages originating from the respective e-mail address, messenger ID or phone number, collaboration software account shall be deemed to be messages originating from the respective Party to this Agreement. Scanned copies of documents signed by the Parties (contract, additional agreements, annexes, acts, notices, claims and other documents) are equal to paper documents with personal signatures of the Parties.
Each of the Parties undertakes to maintain the confidentiality of the key of a simple electronic signature in the form of login and password from the information system of the e-mail service operator, messenger, collaboration software. In case of unauthorized access to the specified login and password, their loss or disclosure to third parties, the Party shall immediately notify the other Party and take measures to restore access and/or replace the login and password.
The use of a simple electronic signature for signing primary accounting documents in electronic form is allowed until the adoption in fulfillment of paragraph 4 of part 3 of article 21 of the Federal Law of 06.12.2011 N 402-FZ.
"On Accounting" of the relevant federal accounting standard, which will establish the types of electronic signatures to be used for signing accounting documents. In the event that the relevant accounting standard prohibits the use of a simple electronic signature for signing primary accounting documents in electronic form, this section of the Agreement shall cease to apply to the signing of primary accounting documents without terminating the Agreement as a whole.
Instead of using a simple electronic signature to sign electronic documents, the Parties shall be entitled to use an enhanced qualified electronic signature in accordance with the laws of the Russian Federation. The Parties recognize the legal significance of the documents signed with a reinforced qualified electronic signature sent both in accordance with this Section and via electronic document management systems (e.g. Contour.Diadok, Tensor SBSI, etc.).
This Agreement, acts, notices, claims, other documents and electronic messages sent by the Parties to each other may contain links to information resources on the Internet (websites, website pages, etc.). The Party is obliged to inform the other Party about impossibility to follow the link received from it, occurrence of an error, absence of necessary information or its inconsistency with the previously agreed information when following the link received within 3 (three) days from the moment of receipt of the link, otherwise, the Party that sent the link has the right to consider that the other Party has accessed the information provided by the Party that sent the link after following such link and has no objections to this fact.
14. ADDITIONAL CONDITIONS
The current version of this Agreement is posted on the Internet on the Service's website at https://saido.pro/terms_en.pdf.
The Administration reserves the right to unilaterally and without prior notice to Users to change the terms of the Agreement, posting the final version of the Agreement on the Site at the above address 10 (ten) days prior to the entry into force of the changes. The provisions of the new version of the Agreement become binding for all previously registered Users of the Service from the date of its entry into force.
Assignment of rights (claims) under this Agreement shall be made upon written agreement of the Parties or by virtue of legal succession on the basis of law.
This Agreement in its meaning and content is an agreement on granting a simple (non-exclusive) license to use the Service and the Computer Program, concluded in a simplified procedure by joining the Agreement as a whole.
The laws to be applied to this Agreement shall be the laws of the Russian Federation.
The place of execution of this Agreement shall be the place set forth on the first page of this Agreement.
15. CREDENTIALS.
Saido LLC, OGRN 215400051514, TIN 5404229772, KPP 540401001
Legal address 630073, Novosibirsk region, Novosibirsk, Karla Marksa ave. 57, room 501, office 15 Tel: +79538856463
E-mail: support@saido.pro
Russia, Novosibirsk
The first day of January two thousand twenty-fourth
This User Agreement (hereinafter - the Agreement) in accordance with Articles 428, 435, 437 and 1286 of the Civil Code of the Russian Federation is an agreement between the User, as defined hereinafter, expressing consent to the terms and conditions set forth in this Agreement by performing actions aimed at using the Service, and the Administration. The User's actions aimed at using the Service by virtue of Article 1286 of the Civil Code of the Russian Federation is considered unconditional acceptance of this Agreement. This Agreement, along with other additional terms and rules that relate to the use of the Service and are presented on the website of the Service, contain terms and conditions that apply to each User of the Service. By using the Service, the User agrees to these terms and conditions. If the User does not agree with any of the terms and conditions, the User must stop using the Service.
1. TERMS AND DEFINITIONS
The Parties agree that the following terms and definitions shall have the following meaning for the purposes of this Agreement:
"Administration", "Company" - Limited Liability Company "Saido", OGRN 1215400051514, TIN 5404229772, KPP 540401001, legal address: 630073, Novosibirsk region, Novosibirsk, Karl Marx Ave. 57, room 501, office 15, being the owner of exclusive rights to the Site.
"User" - any physical person who has reached the age allowed in accordance with the legislation of the Russian Federation for acceptance of this User Agreement, who has the appropriate powers, who has free access to the Internet, including the ability to use the Site, and who has registered with the Service.
"Service", "Site" - an Internet resource located on the Internet, aimed at placing and promoting user game content, as well as providing access to Users to the Services of the Administration, access to which the Administration temporarily provides Users at https://saido.pro/. The Site is an information resource, a set of information, access to which is provided by means of traditional and publicly available Internet browser (Internet Explorer, Firefox, Safari, Opera, Flock, Maxthon, Google Chrome, etc.) or otherwise. In other ways by a unified index of the information resource location consisting of letters, numbers and other signs, allowing to uniquely determine its location in the Internet, including the mobile version of the Site, mobile application, intranet and ftp-server, as well as its subdomains and versions of other hardware platforms.
The site is a complex object within the meaning of Article 1240 of the Civil Code of the Russian Federation, the creation of which is organized by the Administration. It includes computer programs, databases, program codes, know-how, algorithms, design elements, fonts, logos, as well as text, graphic and other materials, information, texts, graphic elements, images, photos, audio and video materials and other results of intellectual activity. Exclusive rights to the Service and any of its components belong to the Administration as a right holder or licensee on the basis of law, contract or other transaction.
"Computer Program" means a computer program called "Saido" available for download and installation by Users within the Service. The computer program is used to host and promote User Content, as well as for other purposes determined by the Company. The Computer Program includes both computer programs, mobile applications, websites and their components and separate components, including, but not limited to: databases, program codes, underlying know-how, algorithms, design elements, fonts, logos, as well as text, graphic and other materials, documentation thereof, inventions, processes, methods, ideas, written materials, other results of intellectual activity. Exclusive rights to the Computer Program and any of its components belong to the Company as a right holder or licensee on the basis of law, agreement or other transaction. The Computer Program includes different variations, modules and types depending on the User's choice.
"Company Content" means a set of text, graphic, audio and video materials (including audio-visual
works), placed on the Website and used by it, the rights to which belong to the Company as a right holder or licensee on the basis of law, agreement or other transaction.
"User Content" - elements of computer programs, program codes and their modifications, graphic, audio and video materials used within the game content and game elements, game modifications and other information, the rights to which belong to the User as a right holder or licensee on the basis of law, agreement or other transaction, published by the User for general access using the Service.
"Services", "Administration Services" - services for promotion of the User Content, advertising services, information, consulting and technical support services, as well as other services provided by the Administration within the framework of the Service and the Computer Program, depending on the Tariff Plan selected by the User.
"User Documentation" - instructions and informational materials explaining the procedure of the User's use of the Site.
"Registration" - a procedure in the course of which the User provides reliable data about himself/herself according to the form approved by the Administration, as well as creates a login and password. Registration shall be considered completed only if the User has successfully completed all its stages, including activation of the Personal Account. Registration can be carried out by clicking on a unique code sent to the e-mail address and (or) cell phone number specified by the User. One and the same User can not be registered on the Site more than once. Instead of registration, the Site may offer to perform the initial authorization using a third-party web service, as a result of which the Administration will be transferred token identifying the User. Verification of the User's Registration Data in the case of using the token is also carried out by providing the User's e-mail address and (or) cell phone number in order to ensure that there are no matching Accounts.
"Account", "Personal Account", "Account" - a set of records in the Administration's database identifying the User's credentials (login and password) specified by him/her during registration and allowing them to manage the parameters of the Site and Service.
"User Registration Data" - data voluntarily provided by the User during Registration and further use of the Website. The data is stored in the database of the Administration and is subject to use exclusively in accordance with this Agreement and applicable Russian and international legislation.
"Authorization" - a procedure in which the User enters his/her login and password in the designated fields in the form of the interface of the Site or a third-party web service in order to identify him/her, transfer the token to the Administration and determine the validity of authorization to access the Account and the full functionality of the Site.
"Tariff", "Tariff Plan" - a description of additional functionality of the Service and/or the Computer Program, as well as the services of the Administration, available for a fee, the amount of which is specified in the interface of the Service immediately before payment and/or on the Site.
"Token" - a unique set of characters identifying the User in accounts of third-party web services (social networks, messengers, Google Play, Apple AppStore and others). The Token enables authorized connection to the Website using authorization through third-party web services (social networks, messengers, Google Play, Apple AppStore and others).
"Terms of Use" - a set of agreements between the User and the Administration, including this Agreement, additional terms and rules that relate to the use of the Site, as well as other agreements, which separately stipulate that they are included in the Terms of Use of the Site.
"Personal data" means any information relating to a natural person (subject of personal data) defined or determined on the basis of such information, including his/her surname, name, patronymic, year, month, date and place of birth, address, e-mail address, telephone number, marital, social, property status, education, profession, income, other information.
"Device" means a computer, mobile device or virtual machine running an operating system compatible with the Site with a compatible web browser installed.
"Statistics" - information about the use of the Site and Service, additional functionality, website in general, about the interaction of Users with the Account, collected by means of Counters, cookies, web beacons and other similar technologies.
"Counter", "Tracker" - a part of the Website, a computer program using a code fragment responsible for collecting statistical and personal data on the use of the Website. The Administration may use counters of its own development, as well as counters provided by third parties under a limited license (license agreement), for example, Google Analytics, Yandex.Metrica and other similar counters. Counters collect personal data in an anonymized form.
"IP address" means a number from the numbering resource of a data transmission network based on the IP protocol (RFC 791), which uniquely identifies, when providing telematic communication services, including access to the Internet, the subscriber's terminal (computer, smartphone, tablet, other device) or means of communication included in the information system and belonging to the User
"HTTP header" - a line in an HTTP message containing a colon-separated name-value pair. The format of HTTP headers corresponds to the general format of ARPA network text message headers described in RFC 822.
"Cache" - an intermediate storage located on the User's device of the data received from the Site and requested more often than others with the highest probability, which can be accessed from the cache at a much higher speed than sampling the original data from a remote source (e.g., a remote server or website).
"Cookies", a "cookie" is a small piece of data sent by a web server and stored on the user's device of the website on which the Counter is installed. Cookies contain small pieces of text and are used to store information about browser activity. They allow you to store and retrieve identifying information and other information on computers, smartphones, phones and other devices. File specifications
"cookies" are described in RFC 2109 and RFC 2965. Other technologies are used for the same purpose, including data stored by browsers or devices, identifiers associated with devices, and other software. In this Agreement, all of these technologies are referred to as cookies.
"Web Beacons" - images in electronic form (single-pixel (1x1) or blank GIF images). Web beacons can help the Operator to recognize certain types of information on the User's device, such as cookies, time and date of page viewing and description of the page where the web beacon is placed.
"Messenger" - an information system and/or computer program (mobile application, web service, web application, etc.) that are designed and/or used to receive, transmit, deliver and/or process electronic messages of Internet users (e.g. Skype, WhatsApp, Viber, Telegram, VK, OK, Facebook Messenger, etc.).
"Cloud data storage" means an information system and/or computer program (mobile application, web service, web application, etc.), which are designed to enable storage of electronic files on a remote server of a person (provider) providing cloud data storage services (e.g., Yandex.Disk, Google Drive, Dropbox, Onedrive, Box.net, etc.).
"Collaboration software" - an information system and/or computer program (mobile application, web service, web application, etc.), which are designed to organize users' collaboration on a task (e.g., Google Docs, Yandex.Docs, Jira, Slack, GanttPro, Figma, Zeplin, CRM-systems - Bitrix24, amoCRM, etc.).
"Checksum" or "Hash Sum" means a certain mathematical value (sequence of symbols) calculated on a set of data by applying a certain algorithm, used within the framework of this Agreement to verify the integrity of electronic files during their transmission or storage. For the purposes of this Agreement, the calculation and verification of Checksums (Hash Sums) shall be performed by applying MD5 and SHA256 algorithms, including with the help of certutil.exe software (for Windows) or md5sum and sha256sum (for Linux).
All other terms and definitions appearing in the text of the Agreement shall be interpreted by the Parties in accordance with the legislation of the Russian Federation, current recommendations (RFC) of international standardization bodies on the Internet and the usual rules of interpretation of the relevant terms established in the Internet.
Terms and definitions used in this Agreement may be used both in the singular and plural, depending on the context, and may be capitalized or capitalized.
The titles of the headings (articles), as well as the structure of the Agreement are intended solely for convenience of use of the text of the Agreement and have no literal legal meaning.
2. SUBJECT OF AGREEMENT
This Agreement regulates the relations between the User, on the one hand, and the Administration, on the other hand, on granting to the User the right to use the Service (on the basis of a non-exclusive license) and the Computer Program (on the basis of a non-exclusive license) without the right to sublicense on the terms and conditions provided by this Agreement, and also regulates the general procedure for using the Service.
In accordance with this Agreement, the Administration grants the rights to use the Site in accordance with its purpose and functionality described in the User Documentation, including for the use of the Service.
The User has the right to use the Service both without Registration and after Registration. However, most of the functionality of the Service is available to the User only after Registration. To register in the Service, the User must provide reliable data about himself/herself on the form proposed for filling out, as well as create a login and password. The Administration has the right to set requirements to the password (length, allowable characters, etc.).
After completing registration, the User has access to the full functionality of the Service, except for the paid functionality, which can be unlocked for a fee.
In order to fulfill its obligations under the Agreement, the Administration has the right to involve third parties in the execution of the Agreement without the User's consent, provided that the third parties will not process the User's personal data without his consent.
The use of the Service in accordance with its purpose and functionality must be carried out by Users in strict compliance with applicable law.
The functionality of the Service and guiding materials for its use are set forth in the Service's User Documentation available on the Service's website.
The Parties have specifically agreed that the scope and functionality available for use within the Computer Program differs depending on the tariff plan selected by the User. The non-exclusive license for the Software shall be deemed granted to the User and accepted by the User from the moment of conclusion of this Agreement. Drawing up a separate acceptance certificate is not required.
The Administration reserves the right to change the cost of using the paid functionality of the Service at its discretion, at any time, without giving any reasons, while all the functions already paid for by the Users are retained by the User without changes. The cost of using the paid functionality of the Service is changed by the Administration by publishing new Tariffs on the page of the Service website.
3. INTELLECTUAL PROPERTY RIGHTS
The Service, its Content, other components and individual components (including, but not limited to: computer programs, databases, program codes, underlying know-how, algorithms, design elements, fonts, logos, as well as text, graphics and other materials) are objects of intellectual property protected in accordance with Russian and international law, any use of which is allowed only on the basis of the permission of the Administration.
The Administration hereby grants to the User for the entire term of this Agreement a simple (non-exclusive) license to use the Service and materials posted on the Service, without limiting the territory of its validity and not subject to transfer or assignment to third parties. Such a simple (non-exclusive) license is intended to enable the User to use the Service in accordance with its purpose, subject to the restrictions provided for in this Agreement.
The license is valid without limitation of the territory, unless otherwise established by other agreement with the User.
Revocation of the license granted in accordance with this Agreement shall be carried out in accordance with the procedure established by law for refusal to perform from the license agreement.
The right to use the Service includes the right to reproduce the Service or parts of its code on the User's end device (computer, smartphone, tablet, etc.) for the purpose of caching and launching it using the means of the target operating system (web browsers) in order to use the Service in accordance with its purpose.
The right to use the Service does not include the right to make a copy of the Service for archival purposes, as the use of the Service takes place in remote (online) mode, unless otherwise expressly established by a separate transaction with the User or written authorization of the Administration.
Use of the Service in accordance with this Agreement is allowed simultaneously on an unlimited number of User's devices.
Use of the Service in accordance with this Agreement may also have other limitations in functionality or, on the contrary, additional functionality specified in the User documentation of the Service, in particular, certain functionality of the Service may be available upon payment of a fee for its unblocking.
The right to use the Service granted to the User under this Agreement implies the right to receive regular updates of the Service within one version (minor updates of the current release, which are not a new version) and new versions of the Service (major updates - new releases, which are a new version) version) if available. Updates and new versions of the Service are provided to the User as soon as they become available on the Service website.
The User agrees that he/she may not (including may not allow anyone) to modify, create derivative works, disassemble the Service into component codes, decompile or otherwise attempt to obtain the source program code of the Service or any part thereof, unless there is a written permission of the Administration to perform such actions. Otherwise, the User bears full responsibility for such actions, provided by this Agreement, as well as international and Russian legislation.
This Agreement does not provide for the transfer of rights to the Administration's intellectual property (or any part thereof), except for the limited license granted under this Agreement. Nothing in this Agreement shall constitute an assignment of rights to the Administration's intellectual property or a waiver of such rights on the basis of law.
The Service contains or may contain computer programs that are licensed (or sublicensed) to the User under the GNU public license or other similar Open Source licenses, which among other rights allow the User to copy, modify, redistribute certain computer programs or parts thereof and to access the source code. If such license provides for the provision of source code to users to whom the computer program is provided in executable binary code format (object code), the source code is made available by making a request to the Administration's e-mail address. If any open source software license requires the Administration to grant rights to use, copy or modify open source software beyond the rights granted by this Agreement, such rights shall take precedence over the rights and restrictions set forth in this Agreement.
4. RIGHT TO USE A COMPUTER PROGRAM
The computer program, its components and individual parts (including, but not limited to: other computer programs, databases, program codes, underlying know-how, algorithms, design elements, fonts, logos, as well as text, graphics and other materials) are intellectual property objects protected in accordance with Russian and international laws, any use of which is allowed only on the basis of the Company's permission.
The Company hereby grants to the User for the entire term of this Agreement a non-exclusive license, non-transferable or assignable to third parties, without limitation, to use the computer programs both for profit and without such purpose, in the following ways:
reproduction of computer programs, i.e. making one or more copies of computer programs or parts thereof in any material form, including electronic media or computer memory, but only by the User, without the right to engage third parties and without transferring the source code of computer programs to anyone other than its employees;
making copies of computer programs in any quantity and for any purpose, including for archival purposes or to replace a legally acquired copy in cases when such copy is lost, destroyed or becomes unusable, but only by the User, without the right to engage third parties and without transferring the source code of computer programs to anyone other than its employees;
public display of a computer program, i.e. any demonstration of the original or a copy of a computer program directly or on a screen by means of a film, slide, television frame or other technical means in a place open to the public or in a place where a significant number of persons not belonging to the usual family circle are present, irrespective of whether the computer program is perceived in the place of its demonstration or in another place simultaneously with the demonstration of the program;
performance of actions necessary for the functioning of computer programs (including in the course of use in accordance with their purpose), correction of obvious errors;
the study, research, or testing of the operation of such computer programs in order to determine the ideas and principles underlying any element of the computer programs;
adaptation of the computer program, i.e. making changes to make the computer program function on specific technical means of the user or under the control of specific user programs, but only by the User, without the right to involve third parties and without transferring the source code of the computer program to anyone other than the User's employees;
The Company simultaneously with granting to the User a non-exclusive license for computer programs provides the User with its consent to:
use of the computer program exclusively with indication of the author's/authors' names and the name of the Company as the right holder at each such use;
This Agreement does not provide for the transfer of rights to computer programs or other intellectual property.
property of the Company (or any part thereof), except for the non-exclusive license granted hereunder. Nothing in this Agreement shall constitute an assignment of the Company's intellectual property rights or a waiver of such rights on the basis of law.
If infringement of exclusive rights to computer programs by third parties affects the User's rights obtained under this Agreement, the User shall not be entitled to protect its rights independently without involving the Company.
If the User translates, revises, modifies, adapts, corrects errors or makes any other changes to the computer program, the exclusive rights to such changes belong to the Company.
Within the framework of the right to use the computer program granted to the User under this Agreement, the Company shall also grant the User the right to receive regular updates of the computer program within one version (minor updates of the current release that are not a new version) and new versions of the computer program (major updates - new releases that are a new version) during the entire validity period of this Agreement if the Company issues such updates.
The User agrees that he/she may not (including may not allow anyone else to) modify, create derivative works, disassemble the computer program into its component codes, disassemble, decompile or otherwise attempt to obtain the source code of the computer program or any part thereof, unless there is a written permission of the Company for such actions. Otherwise, the User shall be fully liable for such actions under this Agreement and international and Russian law.
The Software contains or may contain computer programs that are licensed (or sublicensed) to the User under the GNU Public License or other similar Open Source licenses, which, among other rights, permit the User to copy, modify, redistribute certain computer programs or portions thereof and to access the source code. If such license provides for the provision of source code to users to whom the computer program is provided in executable binary code (object code) format, the source code shall be made available upon request to the Company's e-mail address. If any license for open source computer software requires the Company to grant rights to use, copy or modify the open source computer software beyond the rights granted by this Agreement, such rights shall prevail over the rights and restrictions set forth in this Agreement.
5. GENERAL RIGHTS AND OBLIGATIONS OF THE ADMINISTRATION, GUARANTEES
The Administration guarantees that it has all legal grounds for granting the User the right to use the Service and the Computer Program under this Agreement. All rights to the Service, the Computer Program and their components belong to the Administration, or other right holders who have granted the Administration a non-exclusive license with the possibility of sublicensing, including under an open license (LGPL, BSD, MIT, etc.).
Administration is in no way affiliated or otherwise connected with Users, works independently of them, does not aim to weaken their position or otherwise affect their position and does not try to profit from their business reputation.
The Administration undertakes to make all reasonable efforts to ensure stable operation of the Service and the Computer Program, gradual improvement thereof, correction of errors in the Service and the Computer Program, as well as to correct errors in the Service and the Computer Program.
However, the Service and the Computer Program are provided to the User on an "as is" basis. This means that the Administration:
does not guarantee the absence of errors in the operation of the Service and the Computer Program;
is not responsible for the uninterrupted operation of the Service and the Computer Program and their compatibility with the software and technical means of the User and other persons;
shall not be liable for any damages that have arisen or may arise in connection with or in connection with the use of the Service and the Computer Program;
shall not be liable for non-performance or improper performance of its obligations due to failures in telecommunication and energy networks, actions of malicious programs, as well as dishonest actions of third parties aimed at unauthorized access and (or) disabling the software and (or) hardware complex of the Administration.
The Administration guarantees to the User the operability of the Service and the Computer Program, provided that the User uses the latest versions of operating systems and web browsers to access it.
The Administration has the right to provide the User with access to the Service and maintain the Service in working condition, as well as has the right to suspend the provision of access to the Service for the time necessary for routine maintenance and repair work on the equipment without prior notice to the User. In addition, the Administration has the right to suspend the User's access to the Service and the Computer Program in case of revealing the fact of providing false information about yourself when registering or using the Service.
The User agrees that the Administration has the right to use the data provided by the User during registration for the purposes of marketing activities related to the Service and the Computer Program, as well as to send advertising and informational messages at its own discretion to the e-mail address provided by the User and (or) by SMS notification to the cell phone number provided by the User, to place in the space restricted to the User's access (Account). The Parties have agreed to consider this clause as the User's prior consent to receive advertising in accordance with Article 18 of the Federal Law No. 38-FZ "On Advertising" dated 13.03.2006.
The Administration reserves the right to contact the User by calling, sending SMS messages and e-mail messages in order to check the quality of the Service and the Computer Program and to communicate information critical for the User.
The Administration reserves the right to request copies of documents to identify the User or its beneficiaries in the event that the legislation imposes corresponding obligations on the Administration. In this case, the Administration is obliged to provide reliable contact information about the User and his beneficiaries at the request of registration institutions or law enforcement agencies in accordance with the law.
In order to avoid cases of infringement of intellectual rights of third parties, fraud and other illegal actions, the Administration reserves the right to request from the User supporting documents to verify the data provided by the User (if such data is provided by the User), which the User must provide to the Administration within 24 (twenty-four) hours from the moment of the request. During such verification, the Administration has the right to restrict the User's access to the Service and the Computer Program and/or the available functionality of the Service/Computer Program.
The Administration reserves the right to terminate the User's access to the Service/Computer Program (including by blocking access to the Service via the IP address from which the User's registration was made or the largest number of visits to the Service website were made by the User) and delete the User's Account with all its Registration data unilaterally, without notice and without giving any reasons, as well as without any compensation or reimbursement.
The Administration reserves the right in case of non-use of the Service by the User for 12 (twelve) consecutive calendar months to terminate this Agreement unilaterally out of court and delete the User's Account with all its Registration data unilaterally without any notice, as well as without any compensation or reimbursement.
The Administration reserves the right to establish any rules, limits and restrictions (technical, legal, organizational or other) on the use of the Service/Computer Program and may change them at its own discretion, without prior notice to the User. In cases where it is not prohibited by law, the specified rules, limits and restrictions may be different for different categories of Users.
The Administration undertakes to ensure the confidentiality and security of all data received from the User, except when such disclosure occurred for reasons beyond the control of the Administration, as well as except as provided by law or expressly provided for in the transaction, agreement, contract with the User.
The Administration undertakes to provide technical support to the User on issues related to the operation and use of the Service/Computer Program. Technical support is provided only at the User's request. Consultations on issues not related to the operation of the Service/Computer Program are not provided.
6. GENERAL RIGHTS AND OBLIGATIONS OF THE USER, GUARANTEES
The user warrants that:
It shall have the power and capacity to enter into this Agreement, which shall be legally binding, on its own behalf or on behalf of a natural person, individual entrepreneur or legal entity for whose benefit it enters into this Agreement.
Understands that the Administration does not provide legal advice and recommendations regarding legislation or requirements that apply to the User, or to end users, as well as the compliance of the User with applicable laws and requirements.
The User has obtained all necessary consents and authorizations required by applicable law for the posting, transfer and publication of personal data and/or images of natural or legal persons, which are indicated by the User as part of his/her personal registration data. The User undertakes to comply with all relevant legal requirements and restrictions in relation to them.
All information and documents provided by the User to the Administration in connection with the acceptance and execution of this Agreement are true. The User has not concealed the circumstances that could, upon their discovery, negatively affect the decision of the Administration concerning the validity of this Agreement and its execution.
Acceptance (acceptance) of this Agreement does not violate any rights and obligations of the User to third parties.
Does not participate and is not associated in any way with any transaction or other obligation, for which he is in a situation of default, or is obliged to early fulfill his obligations, or participation in which may adversely affect the ability of the User to fulfill his obligations under this Agreement, of which the Administration has not been informed by the User.
User's Rights:
The User has the right to use the Service and the Computer Program in ways not prohibited by this Agreement and applicable international and Russian law in accordance with their purpose and within the limits of their functionality.
In case of technical problems in the operation of the Service or the Computer Program, as well as in case of receipt by the User of messages from e-mail addresses containing the domain name of the Administration, which are unauthorized advertising, or containing materials prohibited by this Agreement, including threats or files with suspected viruses, as well as if the User discovers facts that give reason to believe that his access to the Service or the Computer Program has been used by someone unauthorized, the User shall not be allowed to use the Service or the Computer Program in an unauthorized manner.
The User has the right to contact technical support for the questions concerning the Service and the Computer Program specified in this Agreement.
User has the right to ensure the safety of his personal data, as far as it depends on the Administration in accordance with applicable international and Russian law.
The User has the right to refuse calls, SMS messages, e-mail messages and other informational promotional mailings at any time by informing the Administration or disabling the corresponding mailing in the Account.
User Responsibilities:
When using the Service and the Computer Program, the User undertakes not to violate the intellectual property rights of the Administration.
The User is responsible for keeping the login and password for the Account and the web service used for authorization out of the reach of third parties and timely changing them in case of loss or other necessity.
The User is responsible to the Administration for providing accurate and up-to-date contact and registration information about themselves when using the Service and the Computer Program. In case of changes in the specified data, the User is obliged to inform the Administration about it by independently changing their data.
The User agrees never and under no circumstances to use the Service and the Computer Program to perform actions prohibited or restricted by international and Russian law.
The User is obliged not to cause damage to the Service and the Computer Program and their components in the process of its use, as well as to technical and software tools, node machines of the Administration or other persons ensuring the functioning of the Service and the Computer Program, including by sending to their IP-addresses numerous requests causing DDoS-attack and "denial of service" error or by conducting operations
"parsing."
The User agrees to reimburse the Administration for any losses incurred by the Administration in connection with the User's use of the Service and the Computer Program with the User's violation of this Agreement and the rights (including intellectual, informational, etc.) of third parties.
The User acknowledges and agrees that the IP-address of the User's device is fixed by technical means of the Administration, and in case of committing illegal actions, including actions that violate the intellectual rights of third parties, the owner of the device, determined by technical means of the Administration on the belonging of the IP-address, is recognized as responsible for these illegal actions.
Fair Cooperation Policy: The purpose of use of the Website by all Parties is to ensure quality and effective placement of User Content by Users, fulfillment of obligations to each other in a proper manner, as well as protection of rights and interests of the Parties. In case of revealing violations of the Fair Cooperation Policy, the Administration has the right to unilaterally restrict access of such Party to the Site.
The User is prohibited to perform the following actions within the Site:
Calls for violent change or overthrow of the constitutional order or seizure of state power; calls to change the borders of constituent entities of the Federation or the state border of the Russian Federation, violation of the order established by the Russian Federation; calls for pogroms, arson, destruction of property, seizure of buildings or structures, forced eviction of citizens; calls for aggression or unleashing military conflict, as well as other calls of extremist nature;
Obscene direct and indirect insults to anyone, including those based on ethnicity, race, religion, gender or sexuality, as well as statements of a chauvinistic nature;
Offensive behavior and language towards the Administration and other Users;
Placement of objects and advertisements by Users:
objects that violate the applicable laws of the Russian Federation and/or the intellectual property rights of third parties;
objects that do not conform to the User Documentation;
Trojans, viruses, Internet worms, programs for hacking or unauthorized access to information, and other "hacker" programs that can cause harm;
software and/or component parts of information systems;
The development of software for spamming, as well as the development of spamming software.
Publication of the following information:
explicit and implicit advertising of third-party sites, including referral links and links to similarly oriented sites;
any messages and announcements related to the generation of illegal income, including the proceeds of fraudulent activities;
any messages and announcements containing information on the illegal distribution of narcotic drugs, psychotropic substances, their analogs and precursors;
containing profanity;
provoking conflicts based on political, racial, religious, national or other animosity;
that violates the rights of legitimate copyright holders;
untargeted sending of promotional information in personal messages;
Transfer of accounts to third parties. One account belongs to one User.
The user has no right to:
transfer the right to use the computer program granted to him to third parties;
provide third parties with access to the computer program by any means;
grant sublicenses;
create any software, products and services using the computer program and other intellectual property objects included in it;
modify and redesign the computer program and other intellectual property objects included in it by any means and for any purpose, except for the cases provided for by the legislation of the Russian Federation;
delete or change any information in the computer program regarding the Company's rights to it.
7. PROCEDURE FOR USING THE SERVICE AND THE COMPUTER PROGRAM
The Agreement regulates the relations exclusively on the use of the Service and the Computer Program in accordance with their purpose.
The use of the Service and the Computer Program in accordance with their purpose and functionality shall be carried out by Users in strict compliance with the applicable laws of the Russian Federation.
The functionality of the Service and the Computer Program and guidelines for their use are provided in the User Documentation of the Service.
The User is entitled to use the Service and the Computer Program only after Registration in the Service.
To register in the Service, the User must provide reliable data about himself (in particular, surname, first name, patronymic (if there is a patronymic); e-mail address; age) according to the form approved by the Administration. The registration form of the Service may also request additional information from the User.
Registration is considered completed only if the User has successfully passed all its stages, including verification by entering a unique code in the Computer Program sent to the e-mail address specified by the User. Instead of registration, the User may perform the initial authorization using a third-party web service if such technical capability is available.
After completing the Registration, the User has access to the functionality of the Service in accordance with its purpose.
8. PROCESSING OF PERSONAL DATA
Acceptance (acceptance) of the Agreement and use of the Service and the Computer Program in accordance with it stipulates the need to provide, collect and/or use a number of personal data. In particular, when providing access to the Service and the Computer Program and their use, the Administration accesses and uses a number of data relating to individuals who are Users. The Administration's Privacy Policy relating to the Service is available at: https://saido.pro/privacy.pdf.
The User's consent to the terms of this Agreement means familiarization and consent of the User with the terms of the Administration's privacy policy.
Using the Service and the Computer Program, the User, in compliance with the requirements of the Federal Law of 27.07.2006 № 152-FZ "On Personal Data" provides the Administration with its consent to the processing of the following personal data:
e-mail address;
cell phone number;
age;
token;
HTTP headers;
IP address of the Device;
cookie data;
data collected by meters;
Web beacon data;
browser information;
technical specifications of the Device and software;
technical data on the operation of the Service and the Computer Program, including dates and times of use and access;
identifiers of the requested interface windows of the Service and the Computer Program;
geolocation data;
for the term of this Agreement or any other transaction with the Administration for the following purposes:
use of personal data of the User for the purposes of conclusion and execution of this Agreement or any other transaction with the Administration;
use of the User's personal data for the purposes of proper functioning of the Service and the Computer Program in accordance with the User's expectations, in particular for correct identification of the User;
placing personalized advertising and/or other information in any section of the Service and the Computer Program and interrupting the use of the Service and the Computer Program with advertising information;
conducting marketing programs, various offers, promotions and advertising activities related to the Service and the Computer Program;
conducting statistical and other studies of the use of the Service and the Computer Program on the basis of anonymized data;
compliance with mandatory requirements of applicable laws.
Within the framework of the granted consent, the Administration is granted the right to perform any actions with the User's personal data, including, but not limited to: collection, systematization, accumulation, storage, clarification (update, change), use, transfer, depersonalization, blocking, destruction, transfer, including cross-border transfer, of personal data to the Administration's partners, the list of which is provided on the Administration's website, as well as to perform other necessary actions with personal data, taking into account the current law.
Processing of the User's personal data is allowed using the following main methods (but not limited to them): storage, recording on electronic media and their storage, compilation of lists, labeling.
Processing of personal data of the User under this Agreement is allowed by the Administration without the use of means of automation, while such actions with personal data as the use, clarification, distribution, destruction of personal data in respect of the User are carried out with the direct participation of a person.
It is allowed to process User's personal data using DPM-systems (Data Protection Manager), including those belonging to third parties and provided to the Administration on the basis of a relevant contract or agreement, subject to compliance with measures to protect the confidentiality of personal data.
Processing of personal data provided by the User in the process of using the Service in accordance with the Agreement is carried out on the basis of paragraph 5, part 1, article 6 of the Federal Law of 27.07.2006 № 152-FZ "On Personal Data" in connection with the need to conclude and execute this Agreement to which the User is a party.
Processing of the User's personal data in accordance with this Agreement is carried out without notification of the authorized body for the protection of the rights of personal data subjects processing of personal data in accordance with paragraph 2 of Article 22 of the Federal Law dated 27.07.2006 No. 152-FZ "On Personal Data", because:
personal data of the User, received by the Administration in connection with the conclusion and execution of the Agreement, to which the User is a party, are processed, at the same time personal data are not distributed, as well as are not provided to third parties without the consent of the User and are used by the operator exclusively for the execution of the Agreement and conclusion of other contracts and agreements with the User;
User's personal data received by the Administration are processed without the use of automation, i.e. with the direct participation of a human being, in accordance with federal laws or other regulatory legal acts of the Russian Federation, establishing requirements to ensure the security of personal data during their processing and to respect the rights of subjects of personal data.
This consent to the processing of the User's personal data extends to any transfer of the User's personal data to the Administration, made prior to the provision of this consent.
9. LIABILITY, LIMITATION OF LIABILITY
Under no circumstances the Administration shall be liable for any damage caused to the User in the process of using this Service and the Computer Program, including for the User's attempts to use the Service instead of professional or specialized software, use of the Service and the Computer Program in emergency situations, getting into an unfavorable situation as a result of using the Service and the Computer Program, for any indirect, accidental, unintentional damage, including lost profits or lost data, in the following cases
The Administration is not responsible for the loss of the User's ability to access his Account
(loss of login and/or password from a third-party web service account).
Administration is not responsible for the User's lack of access to the Internet, for the quality of services of communication providers, for the stability of the connection and availability of certain data transfer protocols.
The Administration is not responsible for termination of the User's access to the Service and the Computer Program for reasons not related to the fault of the Administration.
The Administration is not responsible for the fact that the User transmits information using the Service and the Computer Program via unprotected data transmission channels on the Internet and for the safety of information during its transmission.
The Service and the Computer Program may contain links to other resources of the Internet. The User hereby agrees that the Administration bears no responsibility for the availability of these resources and for the information posted on them, as well as for any consequences associated with the use of these resources.
In all circumstances, the liability of the Administration shall be imposed on it only if its actions / inactions are guilty and such liability is limited to the amount of 1 (one) ruble and may not exceed this amount.
In other cases, for failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties shall be liable under the civil legislation of the Russian Federation.
10. FORCE MAJOR.
The Party shall be released from liability for partial or full non-fulfillment of obligations under this Agreement if it proves that proper fulfillment was impossible due to force majeure, i.e. extraordinary, unforeseeable and unavoidable circumstances arising during the implementation of obligations from this Agreement, which could not be reasonably expected at its conclusion, or avoided or overcome, as well as beyond the control of the Parties to this Agreement.
Force majeure circumstances include, inter alia: hostilities (declared or actual war), civil unrest, mass diseases (epidemics, pandemics, etc.), strikes, blockades, natural disasters (earthquake, flood, hurricane, etc.), fire, terrorist acts, sabotage, transportation restrictions, governmental prohibitive measures, prohibition of trade operations, including with certain countries due to international sanctions, as well as disconnection of the data center.), fire, terrorist acts, sabotage, transportation restrictions, prohibitive measures of states, prohibition of trade operations, including with certain countries, due to international sanctions, as well as disconnection of data centers located in the territory of the Russian Federation from the global Internet and blocking of servers or connections by supervisory authorities.
Force majeure circumstances do not include, in particular, entrepreneurial risks, such as breach of obligations on the part of the debtor's counterparties, the debtor's lack of necessary funds, as well as financial and economic crisis, changes in the exchange rate, devaluation of the national currency, criminal actions of unidentified persons.
Upon occurrence of force majeure circumstances specified in this Chapter, each Party shall without delay notify the other Party of them in writing, including by sending a message to e-mail or messenger. The notification shall contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, giving an assessment of their impact on the possibility of fulfillment by the Party of its obligations under this Agreement.
In cases of force majeure circumstances provided for in this Chapter, the time limit for fulfillment of the Party's obligations under this Agreement shall be postponed commensurate with the time during which these circumstances and their consequences are in effect, if such change of time limits is possible and/or appropriate.
If it is impossible and/or inexpedient to change the terms of fulfillment of obligations under this Agreement by the Party, or the force majeure circumstances and their consequences continue to operate for more than 2 (two) months, the Party shall have the right to refuse to fulfill this Agreement with reference to the impossibility of fulfillment of obligations under the Agreement due to the force majeure circumstances, if additional negotiations to identify acceptable alternative ways of fulfillment of this Agreement are not carried out within a reasonable period of time. The initiating Party shall notify the other Party of its refusal to fulfill its obligations under the Agreement within a reasonable period of time.
If a Party refuses to execute this Agreement with reference to the impossibility of its execution due to force majeure circumstances, none of the Parties shall have the right to demand from the other Party compensation for possible or existing losses.
11. DISPUTE RESOLUTION AND CLAIMS SETTLEMENT
All disputes and claims shall be settled on the basis of the provisions of this Agreement, and in case of failure to settle them - in accordance with the procedure established by the current legislation.
Any questions, comments and other correspondence of the User should be sent to the Administration by sending an electronic message by the methods provided in this Agreement for the exchange of notices, messages and documents. Administration is not responsible and does not guarantee a response to requests, questions, suggestions and other information sent to it by any other means.
Claims arising in connection with this Agreement shall be sent to the Administration by sending an electronic message by means provided in this Agreement for the exchange of notices, messages and documents. The Administration undertakes to consider this claim within 10 (ten) working days, if necessary sending a letter stating its position to the e-mail address specified in the claim. In this case, the Administration does not consider the claims of Users who can not be identified on the basis of the data provided to them during registration (including anonymous claims). If it is impossible to resolve the claim through negotiations, the dispute shall be resolved in court in accordance with this Agreement.
User and Administration agree that if it is impossible to resolve disputes arising in connection with this Agreement, through negotiations, such disputes shall be resolved by the parties in court at the location of the Administration under the rules of Russian law.
12. THE TERM OF THE AGREEMENT AND ITS TERMINATION
Deletion of the User's Account from the Service shall be considered as a refusal to use the Service and termination of this Agreement unilaterally and extrajudicially at the initiative of the User from the moment of deletion of the Account.
This Agreement is concluded between the Parties for an indefinite period of time.
In order to delete the User's registration data and User's Account, the User should use the corresponding functionality of the Service or address a request to the Administration at the e-mail address specified in this Agreement or on the website of the Service.
Deletion of the User's Account from the Service by the Administration due to the User's failure to use the Service for 12 (twelve) consecutive calendar months shall be considered a refusal to provide the Service and termination of this Agreement unilaterally and extrajudicially at the initiative of the Administration from the moment of deletion of the Account.
13. AGREEMENT BETWEEN PARTICIPANTS OF ELECTRONIC INTERACTION
The rules given in this section are an agreement between the Parties to this Agreement as between the participants (parties) of electronic interaction in accordance with Article 6 of the Federal Law dated 06.04.2011 N 63-FZ "On Electronic Signature", which establishes the cases of recognition of electronic documents (including primary accounting documents) signed by a simple electronic signature, equivalent to documents on paper signed by a handwritten signature.
From the moment of conclusion of this Agreement, the Parties may exchange any electronic documents and electronic messages, as well as, respectively, enter into contracts, agreements, make transactions and perform unilateral actions between themselves, signing them with a simple electronic signature in accordance with the procedure established by this Section. In particular, the Parties shall have access to signing with a simple electronic signature such documents as consent to the processing of personal data, withdrawal of consent to the processing of personal data, consent to receive promotional mailings, withdrawal of consent to receive promotional mailings and other documents.
Information in electronic form in the form of an electronic document or electronic message sent by one of the Parties to the other Party shall be legally effective only if it is either sent to the respective e-mail address of the receiving Party from the e-mail address of the sending Party specified in this Agreement or upon Registration in the Service, or it is sent to the other Party through the collaboration software, or sent to the other Party using a messenger.
The Parties agreed to consider the existence of relevant records in the information systems of e-mail operators, messengers, collaboration software or the Service as evidence of the fact of sending or receiving information. As evidence of the existence of such records, the Parties agreed to consider as reliable also screen shots (screenshots) from devices from which it is possible to access such information systems.
When transmitting information in the form of electronic files, a Checksum (Hash Sum) value may be used to confirm their authenticity (immutability).
For the purposes of this Agreement and any other transaction between the Parties, information in electronic form sent by one Party from its e-mail address to the e-mail address of the other Party shall be deemed to be signed with a simple electronic signature in the form of an e-mail address (login) contained in the e-mail message itself, a simple electronic signature key (password) applied in accordance with the rules established by the e-mail service provider and the e-mail message containing information indicating the Party from which the e-mail message is sent.
For the purposes of this Agreement and any other transaction between the Parties, information in electronic form sent by one Party to the other Party by means of a messenger is considered to be signed with a simple electronic signature in the form of the sending Party's identifier in the messenger, which is contained in the electronic message itself, the simple electronic signature key (password) is applied in accordance with the rules established by the messenger operator and the electronic message contains information indicating the Party on whose behalf the message was sent.
For the purposes of this Agreement and any other transaction between the Parties, information in electronic form sent by one Party to the other Party using collaborative software shall be deemed to be signed with a simple electronic signature in the form of the sending Party's identifier in the collaborative software (login), which is contained in the electronic message itself, the key of the simple electronic signature.
electronic signature (password) is applied in accordance with the rules established by the operator (owner) of the collaboration software and the electronic message contains information indicating the Party on whose behalf the electronic message was sent.
Information in electronic form signed by a simple electronic signature of the Party sending it shall be recognized by the Parties as an electronic document equivalent to a paper document signed by a handwritten signature of the respective Party. All documents, notices and communications sent by the Parties to each other under this Section shall be recognized as official correspondence under this Agreement and any other transaction between the Parties, and shall have the force of a legally significant written document. Messages originating from the respective e-mail address, messenger ID or phone number, collaboration software account shall be deemed to be messages originating from the respective Party to this Agreement. Scanned copies of documents signed by the Parties (contract, additional agreements, annexes, acts, notices, claims and other documents) are equal to paper documents with personal signatures of the Parties.
Each of the Parties undertakes to maintain the confidentiality of the key of a simple electronic signature in the form of login and password from the information system of the e-mail service operator, messenger, collaboration software. In case of unauthorized access to the specified login and password, their loss or disclosure to third parties, the Party shall immediately notify the other Party and take measures to restore access and/or replace the login and password.
The use of a simple electronic signature for signing primary accounting documents in electronic form is allowed until the adoption in fulfillment of paragraph 4 of part 3 of article 21 of the Federal Law of 06.12.2011 N 402-FZ.
"On Accounting" of the relevant federal accounting standard, which will establish the types of electronic signatures to be used for signing accounting documents. In the event that the relevant accounting standard prohibits the use of a simple electronic signature for signing primary accounting documents in electronic form, this section of the Agreement shall cease to apply to the signing of primary accounting documents without terminating the Agreement as a whole.
Instead of using a simple electronic signature to sign electronic documents, the Parties shall be entitled to use an enhanced qualified electronic signature in accordance with the laws of the Russian Federation. The Parties recognize the legal significance of the documents signed with a reinforced qualified electronic signature sent both in accordance with this Section and via electronic document management systems (e.g. Contour.Diadok, Tensor SBSI, etc.).
This Agreement, acts, notices, claims, other documents and electronic messages sent by the Parties to each other may contain links to information resources on the Internet (websites, website pages, etc.). The Party is obliged to inform the other Party about impossibility to follow the link received from it, occurrence of an error, absence of necessary information or its inconsistency with the previously agreed information when following the link received within 3 (three) days from the moment of receipt of the link, otherwise, the Party that sent the link has the right to consider that the other Party has accessed the information provided by the Party that sent the link after following such link and has no objections to this fact.
14. ADDITIONAL CONDITIONS
The current version of this Agreement is posted on the Internet on the Service's website at https://saido.pro/terms_en.pdf.
The Administration reserves the right to unilaterally and without prior notice to Users to change the terms of the Agreement, posting the final version of the Agreement on the Site at the above address 10 (ten) days prior to the entry into force of the changes. The provisions of the new version of the Agreement become binding for all previously registered Users of the Service from the date of its entry into force.
Assignment of rights (claims) under this Agreement shall be made upon written agreement of the Parties or by virtue of legal succession on the basis of law.
This Agreement in its meaning and content is an agreement on granting a simple (non-exclusive) license to use the Service and the Computer Program, concluded in a simplified procedure by joining the Agreement as a whole.
The laws to be applied to this Agreement shall be the laws of the Russian Federation.
The place of execution of this Agreement shall be the place set forth on the first page of this Agreement.
15. CREDENTIALS.
Saido LLC, OGRN 215400051514, TIN 5404229772, KPP 540401001
Legal address 630073, Novosibirsk region, Novosibirsk, Karla Marksa ave. 57, room 501, office 15 Tel: +79538856463
E-mail: support@saido.pro