User Agreement
This User Agreement (hereinafter – the "Agreement") in accordance with Article 437 of the Civil Code of the Russian Federation constitutes an offer by Individual Entrepreneur Aleksandr Alekseevich Korolev (hereinafter – the "Administrator") and is addressed to any person using the Service (hereinafter – the "User") under the terms set out below.
Registration on the Service constitutes unconditional and irrevocable acceptance (acceptance) by the User of the terms of this Agreement.
Terms and Definitions:
Service — the Artweb software complex, located on the website https://artweb.ai and owned by the Administrator. It is intended for creating and posting scheduled publications on social networks.
Privacy Policy — a document defining the procedure for collecting, processing and protecting personal data.
Offer — a proposal to conclude an agreement for the paid use of additional Service functions.
Account — the User's unique account on the Service. It allows the User to use the functionality available to registered Users.
Content — information, documents and other objects posted by the User or the Administrator on the Service.
1. Subject Matter
- The Administrator grants the User a non-exclusive license to use the Service.
- The User uses the Service in accordance with the terms of the Agreement, Privacy Policy, Offer and the applicable laws of the Russian Federation.
2. Access to the Service
- The User undergoes registration in the manner proposed by the Service.
- During registration, the User provides true information about themselves. The scope of required data is determined in the registration form.
- After receiving the data from the User, the Administrator sends a hyperlink to the User's provided email address to access the Service.
- From the moment of clicking the hyperlink, the User gains access to the Account and is considered to have completed the registration procedure on the Service.
- If, for any reason, the User did not receive the hyperlink to access the Service, they shall send an email to the Administrator from the address entered during registration requesting that access be activated.
- After successfully verifying the User's email address, the Administrator activates access to the Account. Access is deemed granted from the moment of such activation.
- The User is entitled to gain access to the Service via email without undergoing the full registration procedure.
- To do this, the User, using the Service's functionality, authorizes through a selected social network and enters an email address in the corresponding field. After entering the email address, the User is entitled to use limited functionality of the Service, which is limited to 10 (ten) publications of Content.
- From the moment of registration, the User is provided with a "Trial" Tariff, which provides test access to the extended functionality of the Service for 7 (seven) calendar days.
- The Administrator has the right to extend the validity period of the "Trial" Tariff, of which the User is notified by email.
- Upon expiration of the "Trial" Tariff, the User is entitled to select and pay for one of the Tariffs offered by the Service; otherwise, access to the extended functionality is blocked.
- The User has the right to grant third parties access to the Account to work with the Service.
- All actions performed by the User on the Service are deemed to have been performed by the User personally or by their authorized person.
- In the event of hacking or loss of access to the Account, the User shall immediately notify the Administrator. After successfully verifying the User's information and ownership of the Account, the Administrator shall restore the User's access to the Account.
3. Intellectual Property Rights
- The exclusive right to the Service, as well as to any functional improvements made in the course of performance of this Agreement, belongs to the Administrator.
- The non-exclusive license is limited to the "right to use", and none of the provisions of this Agreement imply the transfer of the exclusive right to the Service to the User.
- The Administrator grants the User the right to use the Service for the duration of this Agreement.
- By uploading Content to the Service, the User grants the Administrator the right to store and process the Content for the purpose of performing this Agreement.
- The storage period for the User's Content on the Service is 1 (one) year from the date of its posting.
- Exclusive rights to the Content belong to the Administrator and/or other rights holders. Any use of the Service or Content, except as permitted or with the express consent of the rights holder, is prohibited without the prior written permission of the rights holder.
4. Terms of Use
- The User is entitled to use the Service in accordance with its functional purpose.
- The scope of the Service's functionality is described in the Account.
- The Administrator has the right to restrict the use of certain functions of the Service for all or individual Users, and to restrict the posting of certain information.
- The Administrator provides the User with consulting and technical support when using the Service via the chat functionality and/or by email. The scope and limits of support, response times to requests, and communication channels may be changed by the Administrator unilaterally.
5. Warranties of the Parties
Administrator:
- warrants that it has legal rights to the Service.
- does not warrant that the Service will meet the User's requirements, will be provided continuously, quickly, reliably and without errors, and that the quality of any product, service, information, etc., obtained through the Service will meet the User's expectations.
User:
- in case of partial or limited legal capacity, warrants to the Administrator that it has the written consent of its legal representative to conclude the Agreement and to process personal data. On behalf of an incapacitated User, acceptance is made by the guardian.
- warrants that it has the rights to the Content, and that it complies with the Agreement, the Offer and the rules of the social networks in which the Content is posted.
- If the User has paid the invoice-offer without signing an agreement, access to the paid functionality is provided in accordance with the Documentation and the Offer. The unsigned agreement is cancelled.
6. Prohibited Actions on the Service
The User is prohibited from:
- Using the Service in ways not provided for by the Agreement and the Offer, as well as violating the Privacy Policy;
- Using software errors of the Service for its own purposes and disclosing information about their existence to third parties, except for the Administrator;
- Attempting to bypass technical restrictions established by the Service;
- Using third-party programs or other means to improve/automate the capabilities of the Service;
- Impersonating an employee of the Service's support service, a member of any of the Service's help groups (administrators, moderators, consultants, etc.), former or current;
- Falsifying or deleting any information about the copyright holders of the Service or Content;
- Decompiling, disassembling, decrypting or performing other actions with the source code of the Service;
- Using the Service to publish, distribute, store, transmit in any form Content that:
- is illegal, harmful, threatening, defamatory, inciting violence against any person or group of persons, or inhuman treatment of animals, calls for illegal activities, including explaining how to use explosives and other weapons, violates generally accepted decency and moral and ethical standards, promotes hatred and/or discrimination, and contains negative and critical statements regarding religion, politics, racial, ethnic, gender characteristics, personal qualities, abilities, sexual orientation and appearance of third parties, contains insults against specific individuals or organizations;
- may be perceived as propaganda of certain political and religious views, non-traditional sexual orientation among minors, violence, drug use, alcohol and tobacco smoking;
- violates the rights of minors;
- violates the rights of third parties to Content, results of intellectual activity and equivalent means of individualization, rights to information constituting a trade secret, harms the honor, business reputation and dignity of third parties, violates national and international law;
- contains information not authorized for disclosure;
- contains malicious software (viruses, worms, trojans or other computer codes, files or programs) intended to disrupt, destroy or limit the functionality of any computer or telecommunications equipment (or parts thereof), to carry out unauthorized access, to gain access to commercial software products by providing serial numbers, logins, passwords, programs for generating them and other means to gain unauthorized access to paid resources;
- constitutes spam;
- violates the rules of social networks when using the Service;
- may be used to illegally collect, store and process the personal data of other persons;
- violates the laws of the Russian Federation, as well as international law.
- Using profanity when communicating with the Administrator and/or employees of the Administrator.
7. Liability of the Parties
- The Service and all its functionality are provided "as is". The User acknowledges and accepts the risks associated with using the Service.
- When using the Service, the User gains access to information and/or Content and may use it at their own risk, and is solely responsible for the possible consequences of its use.
- The User is responsible for:
- the accuracy, reliability, absence of third-party claims regarding the information provided during registration;
- any Content that they post on the Service, as well as the consequences of its use;
- their own actions on the Service in accordance with the laws of the Russian Federation.
- The Administrator shall not be liable:
- for specialized resources and the quality of public communication network channels through which access to the Service is provided, as well as for interruptions in the provision of services by contractors and/or data processing and storage centers;
- for possible failures and interruptions in the operation of the Service, termination of its functioning and the resulting loss of Content and/or any other information, including the inability to use the Service in a certain territory;
- for any actions of social networks in relation to the Content, including changes to the rules for its publication;
- for loss of access to any social network, for incorrect or untimely posting of Content;
- for any type of loss incurred as a result of the User's use of the Service or individual parts/functions of the Service;
- to the User or to any third parties for lost data, for information defaming honor, dignity or business reputation posted on the Service;
- for breakdowns or other malfunctions of the User's computer, mobile device, or any other device that occur during the use of the Service;
- for the consequences caused by the loss or disclosure by the User of their data necessary to access the Service;
- for errors and/or violations related to the operation of the Service and resulting from unlawful actions of the User's personnel or third parties;
- for actions of third parties to forcibly reduce the availability of the Internet or software and hardware components of the Service;
- for failures and interruptions in the operation of the Service caused by force majeure circumstances, namely: fires, floods, earthquakes, strikes, wars, actions of state authorities or other circumstances beyond the control of the Parties. Such circumstances must be confirmed by certificates from competent authorities no later than 10 (ten) business days after the start of their action;
- for failures and interruptions in the operation of the Service caused by actions of state bodies, including law enforcement agencies, related to the seizure and/or confiscation, or any other obstruction of access to the servers of the Administrator's contractors on which the Service is hosted;
- If the User, without the written consent/instruction of the Administrator, copies, modifies, prepares derivative works, decompiles, disassembles the Service or performs any other attempts to gain access to the source code, or otherwise modifies the Service, the Administrator has the right to demand that the User pay a fine of 1,000,000 (one million) rubles for each such violation.
8. Blocking and Deleting the Account
- The Administrator has the right to immediately block the User's Account in the event of:
- Detection of a violation by the User of the terms of the Agreement, the Offer and/or the provisions of the applicable laws of the Russian Federation;
- Receipt from third parties of a claim regarding the User's violation of their rights;
- Receipt of relevant requests from state authorities.
- The User undertakes to independently take all actions to stop the violation.
- If the User refuses to stop the violation or in case of repeated blocking of the Account, the Administrator has the right to unilaterally and irrevocably delete the User's Content or Account.
- The Administrator deletes the User's Account if there is no activity for more than 12 months. If there are funds left in the Account, the User has the right to request a refund by providing bank details for the transfer. The Administrator shall consider the User's request within 10 days from the date of its receipt.
9. Protection of Confidential User Information
- The Administrator processes the User's personal data for the purpose of performing this Agreement and in accordance with the requirements established by Federal Law "On Personal Data" dated July 27, 2006 No. 152-FZ (hereinafter – the "Personal Data Law").
- The procedure for processing and protecting personal data is determined by the Privacy Policy.
- If the User processes the personal data of third parties, the User is solely responsible for complying with appropriate measures to protect personal data in accordance with the requirements of the Personal Data Law and other laws and regulations.
10. Dispute Resolution
- All issues and disagreements that may arise between the Parties shall be resolved through negotiations in accordance with the laws of the Russian Federation.
- The Parties undertake to observe the pre-trial (claim) procedure for dispute resolution. The period for responding to a claim is 10 (ten) business days from the date of its receipt by the receiving Party.
- If it is impossible to resolve the dispute through negotiations and through the pre-trial procedure, the dispute shall be referred to the court at the location of the Administrator.
11. Final Provisions
Exchange of messages
- The Administrator has the right to send notifications to the User by email or post them on the Service. The User may at any time unsubscribe from receiving newsletters by writing to the email address: order@artweb.ai
- Request — a letter from the Partner to the Administrator sent by email to support@artweb.ai
Other conditions
- This Agreement may be amended or supplemented by the Administrator at any time without notifying the User. The new version of the Agreement shall enter into force within 7 (seven) calendar days from the date of its posting on the Service.
- The User shall independently check the terms of this Agreement for any changes and/or additions.
- Continued use of the Service after changes and/or additions are made to this Agreement means the User's acceptance and consent to such changes and/or additions.
- If for any reason one or more provisions of this Agreement are found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this Agreement.
- The provisions of consumer protection legislation of the Russian Federation shall not apply to relations arising from this Agreement.
- This Agreement is drawn up in Russian and may be provided to the User for review in English. In the event of a discrepancy between the Russian version of this Agreement and the version in another language, the provisions of the Russian version shall apply.
Contact Information and Details:
| Full name | Individual Entrepreneur Aleksandr Alekseevich Korolev |
| Short name | IP Korolev A.A. |
| Legal address | 394088, Voronezh, Vladimir Nevsky St., 13V, 90 |
| Postal address | 394088, Voronezh, Vladimir Nevsky St., 13V, 90 |
| INN (Tax ID) | 366222293404 |
| OGRNIP (PSRN) | 325366800038930 |
| Reception phone | +7 (909) 639 68 88 |
| info@artweb.ai |