Public Offer Agreement
Terms of Use for the Amvera Platform
This document, Terms of Use for the Amvera platform, is an agreement (hereinafter – the Agreement) defining the relationship between Amvera LLC (hereinafter – the Company) and you (hereinafter – the Customer). The purpose of the Agreement is to regulate the terms and conditions for the use of services provided by the Amvera Cloud Software (Amvera Cloud software registration certificate No. 2023681792, dated 10.18.2023; the software is written in the Kotlin language). Access to Amvera Cloud Software is provided through the Amvera Platform (hereinafter – the Platform). The agreement covers the terms for access to Amvera Cloud Software for deployment of the Customer's IT projects within the infrastructure of Onlanta LLC, as well as other accredited hosting providers, on the conditions set out below:
1. TERMS OF USE OF THE PLATFORM. PROCEDURE FOR ENTERING INTO AN AGREEMENT
1.1. The rules for using the Platform and the Services available through the Platform are listed in the following documents:
The provisions of this Agreement apply to the relationship between the Parties regarding the use of individual Services unless other rules are specified in the relevant agreement on the use of the Service. By accepting the terms of this Agreement, the Customer agrees to the provisions of the agreements on the use of individual Services, which are concluded between the Customer and the Company from the moment the Customer begins using the relevant Service.
1.2. The Terms, including this Agreement, as well as agreements on the use of individual Services, also contain provisions that are mandatory for Customers (hereinafter – EULA). The Customer is held responsible for ensuring that Users are familiar with the specified terms and for the Users’ compliance with the rules.
1.3. Each time the Customer accesses and/or uses the Platform or any of the Services, they agree to the terms of this Agreement, as well as the relevant agreement on the use of the Service, in the versions that were in effect at the time of actual use of the Platform and/or Services. The Customer guarantees that upon each access and/or actual use of the Platform or any of the Services by the User of a Project created by the Customer, the User is familiar with EULA and agrees with its conditions in the version in effect at the time of the User’s actual use of the Platform and/or Services.
1.4. The Terms may be changed by the Company at any time without any prior notice to the Customer. The changes take effect on the day following the day they are posted on the Website. The Customer is responsible for independently monitoring changes in the Terms. The Customer’s failure to familiarize themselves with the Terms and/or the new version cannot serve as grounds for the Customer’s failure to fulfill their obligations related to the Use of the Platform and individual Services. The Customer has the right to refuse to accept changes and additions to the Terms, which is considered as the Customer’s refusal to use the Platform and/or the relevant Services.
2. TERMS AND DEFINITIONS
Website – a website located at amvera.ru and amvera.io, providing the User with access to the Platform and related services. Information posted on the Website by the Company is mandatory for Users.
Platform – a software (hereinafter the Software) available to the Customer via the Website and operated by the Company. The Company allows the Customer to create and delete Projects, create and delete Accounts for Project Users within the Projects, as well as provide and restrict access for such Users to selected Services in accordance with the terms of the Agreement. The platform is not a hosting service but an application deployment tool. The platform allows the deployment of IT projects within the infrastructure of Onlanta LLC and other accredited hosting providers.
Service – a software module of the Platform that allows the implementation within the Platform of individual features provided by the Company or Partners. The right to use each Service is granted to the Customer independently. The service is not a hosting service but an application deployment tool. The service allows the deployment of IT projects within the infrastructure of Onlanta LLC and other accredited hosting providers.
Company – a Limited Liability Company Amvera, registered at office 392, bldg. 2, 21 Marshal Zakharov St, Moscow, Russia, 115569. The Company provides Customers with access to the Platform and Services.
Partner – a party with which the Company has entered into an agreement to ensure that Customers can use the Partner’s Services and/or services through the Company’s Platform.
Customer – a person or legal entity that has the necessary legal capacity to enter into the Agreement and who has created an Account on the Platform.
Customer Account – information provided by the Customer for registration and authorization of the Customer on the Platform in order to use the Services. Owning a Customer Account is a necessary condition for using the Services. The information in the Customer Account may include name (login), password for access to the Personal Account, as well as other data related to the Customer identity. Access to the Account is provided through the dedicated section of the Website – Customer’s Personal Account.
Customer's Personal Account – a private area of the Platform that allows the Customer to manage settings, edit the Customer Account, access statistics data, and perform other actions related to the use of the Platform features and Services.
Project – a collection of related web pages that are linked to a specific domain name (or other identifier) and function as software. In order to provide access to one or more Platform Services, Accounts are created for Project Users within one Project, using the Platform web interface.
Project Owner – the Customer who created the Project using the functionality of the Platform. The Project Owner has full rights to manage the Project, including the ability to grant Project Administrator rights to another person, change the scope of the granted rights, revoke the Project Administrator rights, create and delete Accounts for Users within the Project, as well as grant and restrict access for Users to individual Services.
Project Administrator – a person or legal entity with the necessary legal capacity and legal competence, who is the Project Owner or a Project User and to whom the Project Owner has granted the right to manage the Project.
Project User (User) – a person with the necessary legal capacity and legal competence, for whom the Project Administrator has created an Account. A Project User is a User of the Service to which the Project Administrator has granted them access.
Project User Account – information about the Project User, required for registration and authorization of the Project User on the Platform, which includes the User name (login), password for access to the Personal Account (password), and other relevant information. Access to the Project User Account is provided through the Personal Account.
Project User's Personal Account – a private area of the Platform that allows the Project User to manage settings, edit the Account, and perform other actions necessary to use the functionality of the Platform and the Service within the limits of the access rights granted to them by the Project Administrator.
Customer Personal Balance (account) – data records reflecting the financial relationship between the Customer and the Company for the provided Services. The Customer Balance is increased by the amount of funds transferred by the Customer to the Company and credited by the Company to the Customer's Balance as prepayment for Services, and is decreased by the cost of the Services provided by the Customer.
Customer Bonus Balance (account) – data records reflecting the Company's crediting/debiting of points to the Customer during promotional events or when paying compensation to the Customer for the Company's violation of the agreed level of services. The Bonus Balance is reduced by the amount of services provided by the Customer. If there are funds on the Bonus and Personal Balances, debits are made first from the Bonus Balance, then from the Personal Balance.
Zero Balance – the absence of bonuses/funds on the Bonus and Personal Balance (accounts) of the Customer for the Company to write off the payment for the cost of services for providing access to the Services.
Accounting Period – the period of time during which the Customer is provided with services for using the Service. The duration of the Accounting Period is established by the relevant agreements on the use of individual services.
3. SUBJECT OF THIS AGREEMENT
3.1. Under the terms of the Agreement, the Company grants the Customer access to the Platform, which allows the Customer to use the Platform Services through their Personal Account.
3.2. In the process of using the Platform, the Customer may create and delete Projects, create and delete Accounts for Project Users within such Projects, and also grant and restrict access of such Users to selected Services. The Customer is responsible to the Company for the actions of the Project Users and must ensure that they comply with EULA.
3.3. Use of the Platform and Services provided by the Company is free of charge unless otherwise stated by the relevant agreements on the use of individual Services.
3.4. The operation and maintenance of the Platform and Services provided by the Company is carried out by the Company. Services provided by Partners are maintained by the relevant parties. The use of the Platform and Services by the Customer and Project Users is carried out in an interactive (online) mode by connecting them via the World Wide Web to the Website. The Company is the owner of the necessary access rights to the Platform and Services provided by the Company, as well as to all their elements, taken both individually and collectively. The right to use the Partner Services is granted to the Customer in accordance with the agreements between the Company and the Partners.
3.5. The Company makes reasonable efforts to ensure the operation of the Platform and Services provided by the Company without downtime but does not guarantee the absence of interruptions due to technical malfunctions, maintenance work, as well as full or partial availability of their individual elements. Agreements for the use of individual services may include terms for service level guarantees. The Company does not guarantee that the Platform, Services or any of their elements will function at any particular time in the future, or that they will not cease to function. The Company is not responsible for the quality and performance of the Services provided by Partners.
3.6. The features of the Platform and Services, including all scripts, content, individual elements, and design of the Platform and Services are provided “as is”. The Company does not guarantee that the Platform, Services, or their elements are suitable for specific use cases. The Company cannot guarantee and does not promise any specific results from using the Platform, Services, and their individual elements.
4. TERMS AND CONDITIONS FOR USE OF THE PLATFORM BY THE CUSTOMER
4.1. To use the Platform, the Customer must register on the Platform and create an Account. When creating an Account on the Platform, the Customer enters their login (their email address) and password twice in the dedicated fields, and also confirms their consent with this Agreement, the Platform’s Privacy Policy, and the Terms. To confirm registration, a letter is sent to the email address specified by the Customer, which contains a link to the confirmation page.
Authorization and logging in to the Platform is carried out through the Website. A person who has logged in to the Platform using the Customer's login and password is considered the proper owner of the relevant account, access to the use and management of which was obtained as a result of such authorization.
4.2. After authorization on the Platform (logging in to the Personal Account), the Customer has the right to use the Platform and Services in compliance with the terms of the agreement, as well as the relevant agreements on the use of individual Services.
4.3. The platform provides the Customer with the following capabilities:
5.1. The Project User gains access to the Platform when the Project Administrator creates for them an account linked to the Project. The User account is created by specifying the email address of the Project User as the login and the User following the link received by email to confirm the creation of the account. The User logs in to the Platform within the Project by entering the login (their email address) and password received from the Project Administrator.
5.2. The Project Administrator may grant the Project User access to one or more Platform Services. In this case, the Project User is considered the User of the related Service.
5.3. The Project User may be authorized on the Platform via the Website or by using the mobile application for the relevant Service if such feature is available for the Platform and complies with the Project settings. A person who has logged in to the Platform is considered to be the owner of the related account access to which was obtained as a result of the authorization.
5.4. Authorization of the Project User on the Platform suggests agreement with the terms of EULA.
5.5. The rights and obligations of the Project User using an individual Service are defined in this Agreement, as well as in the agreement on the use of the relevant Service.
5.6. The Project User uses the abilities granted to them within the scope of rights granted to them by the Project Owner and in accordance with the Project settings. The Project Administrator ensures that the Project Users comply with EULA. If the Project Administrator discovers a violation of EULA by a Project User, the Administrator must block the Account of such User and report this incident to the Company's customer support.
5.7. When using the Platform and Services, the User is responsible to:
6.1. When using the Platform and Services, the Customer and Users are prohibited from:
6.2. The Customer is prohibited from:
7.1. The Company carries out the current management of the Platform, which includes independently determining its structure and appearance. It grants Customers and Users access to the Platform and Services provided by the Company or revokes the access in case of violation of the Terms or EULA.
7.2. The Company acts solely as the provider of the technical means for interaction between Customers and Users. Transfer, storage, and providing access via the Internet to the Platform and Services to information, graphic images, and other materials uploaded by Customers and Project Users and related to such interaction are carried out without changing such materials or their content by the Company.
7.3. The Company independently decides on the placement of advertisements within the Platform and Services, participation in affiliate programs, and inclusion of other information in the content of the Platform and Services.
7.4. The company has the right to:
8. PAYMENT FOR THE COMPANY'S SERVICES
8.1. In cases specified in the agreements on the use of individual Services, services of the Company or Partners for providing access to the Services are paid and are provided on a prepaid basis.
8.2. To gain access to the Services, the Customer must make a deposit to their Personal Balance (account) with the amount necessary to pay for the services required by the Customer in accordance with the prices in effect at the time of payment. The Customer's obligations to pay for services are considered fulfilled from the moment the funds are received into the Company's bank account.
The cost of services for providing access to the Service is determined on the web page amvera.ru (unless specified otherwise in the agreement on the use of the relevant Service). The Company may unilaterally change the cost for providing access to the Services. New prices are applied from the Accounting Period following the period in which the tariffs were changed.
At the discretion of the Company, confirmation of payment for services may be a copy of a document with a bank stamp indicating the transfer of funds. In this case, the Company has the right to request the original document confirming the fact of payment. The Customer agrees that all risks of losses arising when paying for the Company’s services are the Customer’s risks.
After the receipt of funds to the Company's current account, the status of the Customer's Personal Balance (account) is updated by indicating the amount transferred by the Customer to the Company's current account as available for payment of services for providing access to the Services.
8.3. The Company has the right to offer the Customer bonuses when conducting advertising campaigns or when paying compensation to the Customer in connection with the Company’s violation of the agreed level of services by crediting bonuses to the Customer Bonus Balance (account). The Bonus Balance is reduced by the amount of services provided by the Customer. If there are funds on the Bonus and Personal Balances, debits are made first from the Bonus Balance, then from the Personal Balance.
8.4. The Customer agrees that if at the time of termination of the Parties' obligations or termination of the Agreement, the amount of the Customer's advance payment for services exceeds the cost of the services actually provided, the difference between the specified amounts is considered the Customer's advance payment for other services offered by the Company under other (including future) agreements, except in cases of written agreement on the terms of termination of obligations or termination of the concluded Agreement on other terms.
8.5. The Customer, who is a person or a legal entity subject to payment for services by transferring funds to a bank account, undertakes to sign the Certificate of Acceptance of Provided Services (hereinafter – the Certificate) and an invoice or a universal transfer document (hereinafter – UTD) at the end of the Accounting Period during which the Company provided the Customer with access to the Services. The Company sends the UTD to the Customer via the electronic document management system (hereinafter – EDMS). The Parties have the right to sign documents with an electronic signature (hereinafter – ES), if both Parties have the technical capability to do so.
8.6 The Customer undertakes to sign one copy of the Act/UTD and send it to the Company within 10 working days from the date of its receipt, or sign the UTD within a similar time frame via EDMS using an ES.
9. LOCATION AND TIME DURATION OF THE AGREEMENT
9.1. The Customer has the right to use the Platform and Services in the ways described in this Agreement throughout the territory of the Russian Federation, as well as other locations where they are accessible through standard hardware and software means.
9.2. This Agreement is effective for a period of one calendar year and will enter into force on the date of the Customer’s acceptance of the Terms. If neither Party declares in writing its termination within 30 (thirty) calendar days before the expiration of the Agreement, it will be extended for one year. The number of extensions is not limited.
9.3. This agreement will be terminated in the following cases:
10. FINAL PROVISIONS
10.1. In case one or more provisions of the Agreement are recognized as invalid by a court decision that has entered into force, it does not entail for the Parties that the Agreement as a whole is invalid. In the event that one or more provisions of the Agreement are recognized as invalid, the Parties are responsible for fulfilling the obligations assumed under the Agreement in a manner as close as possible to those implied by the Parties upon conclusion and/or agreed amendment of the Agreement.
10.2. This Agreement and the relationship of the Parties in connection with this Agreement and the use of the Service are governed by the current legislation.
10.3. The content and procedure of entering into this Agreement is in compliance with the provisions of the Civil Code of the Russian Federation, regulating the procedure and conditions for concluding an agreement by accepting a public offer.
10.4. All disputes between the parties under this Agreement are to be resolved through correspondence and negotiations using the mandatory pre-trial (claim) procedure. In case an agreement between the parties was impossible to reach through negotiations within 60 (sixty) days from the date of receipt by the other Party of a written claim, the dispute is to be referred by any interested party to the court at the location of the Company (excluding the jurisdiction of the case by any other courts), unless otherwise stated by law.
Last edited: 05.11.2024
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Terms of Use for the Amvera Platform
This document, Terms of Use for the Amvera platform, is an agreement (hereinafter – the Agreement) defining the relationship between Amvera LLC (hereinafter – the Company) and you (hereinafter – the Customer). The purpose of the Agreement is to regulate the terms and conditions for the use of services provided by the Amvera Cloud Software (Amvera Cloud software registration certificate No. 2023681792, dated 10.18.2023; the software is written in the Kotlin language). Access to Amvera Cloud Software is provided through the Amvera Platform (hereinafter – the Platform). The agreement covers the terms for access to Amvera Cloud Software for deployment of the Customer's IT projects within the infrastructure of Onlanta LLC, as well as other accredited hosting providers, on the conditions set out below:
1. TERMS OF USE OF THE PLATFORM. PROCEDURE FOR ENTERING INTO AN AGREEMENT
1.1. The rules for using the Platform and the Services available through the Platform are listed in the following documents:
- This Agreement,
- Agreements on the use of individual Services provided by the Company or the Company's Partners,
- The Company's Privacy Policy.
The provisions of this Agreement apply to the relationship between the Parties regarding the use of individual Services unless other rules are specified in the relevant agreement on the use of the Service. By accepting the terms of this Agreement, the Customer agrees to the provisions of the agreements on the use of individual Services, which are concluded between the Customer and the Company from the moment the Customer begins using the relevant Service.
1.2. The Terms, including this Agreement, as well as agreements on the use of individual Services, also contain provisions that are mandatory for Customers (hereinafter – EULA). The Customer is held responsible for ensuring that Users are familiar with the specified terms and for the Users’ compliance with the rules.
1.3. Each time the Customer accesses and/or uses the Platform or any of the Services, they agree to the terms of this Agreement, as well as the relevant agreement on the use of the Service, in the versions that were in effect at the time of actual use of the Platform and/or Services. The Customer guarantees that upon each access and/or actual use of the Platform or any of the Services by the User of a Project created by the Customer, the User is familiar with EULA and agrees with its conditions in the version in effect at the time of the User’s actual use of the Platform and/or Services.
1.4. The Terms may be changed by the Company at any time without any prior notice to the Customer. The changes take effect on the day following the day they are posted on the Website. The Customer is responsible for independently monitoring changes in the Terms. The Customer’s failure to familiarize themselves with the Terms and/or the new version cannot serve as grounds for the Customer’s failure to fulfill their obligations related to the Use of the Platform and individual Services. The Customer has the right to refuse to accept changes and additions to the Terms, which is considered as the Customer’s refusal to use the Platform and/or the relevant Services.
2. TERMS AND DEFINITIONS
Website – a website located at amvera.ru and amvera.io, providing the User with access to the Platform and related services. Information posted on the Website by the Company is mandatory for Users.
Platform – a software (hereinafter the Software) available to the Customer via the Website and operated by the Company. The Company allows the Customer to create and delete Projects, create and delete Accounts for Project Users within the Projects, as well as provide and restrict access for such Users to selected Services in accordance with the terms of the Agreement. The platform is not a hosting service but an application deployment tool. The platform allows the deployment of IT projects within the infrastructure of Onlanta LLC and other accredited hosting providers.
Service – a software module of the Platform that allows the implementation within the Platform of individual features provided by the Company or Partners. The right to use each Service is granted to the Customer independently. The service is not a hosting service but an application deployment tool. The service allows the deployment of IT projects within the infrastructure of Onlanta LLC and other accredited hosting providers.
Company – a Limited Liability Company Amvera, registered at office 392, bldg. 2, 21 Marshal Zakharov St, Moscow, Russia, 115569. The Company provides Customers with access to the Platform and Services.
Partner – a party with which the Company has entered into an agreement to ensure that Customers can use the Partner’s Services and/or services through the Company’s Platform.
Customer – a person or legal entity that has the necessary legal capacity to enter into the Agreement and who has created an Account on the Platform.
Customer Account – information provided by the Customer for registration and authorization of the Customer on the Platform in order to use the Services. Owning a Customer Account is a necessary condition for using the Services. The information in the Customer Account may include name (login), password for access to the Personal Account, as well as other data related to the Customer identity. Access to the Account is provided through the dedicated section of the Website – Customer’s Personal Account.
Customer's Personal Account – a private area of the Platform that allows the Customer to manage settings, edit the Customer Account, access statistics data, and perform other actions related to the use of the Platform features and Services.
Project – a collection of related web pages that are linked to a specific domain name (or other identifier) and function as software. In order to provide access to one or more Platform Services, Accounts are created for Project Users within one Project, using the Platform web interface.
Project Owner – the Customer who created the Project using the functionality of the Platform. The Project Owner has full rights to manage the Project, including the ability to grant Project Administrator rights to another person, change the scope of the granted rights, revoke the Project Administrator rights, create and delete Accounts for Users within the Project, as well as grant and restrict access for Users to individual Services.
Project Administrator – a person or legal entity with the necessary legal capacity and legal competence, who is the Project Owner or a Project User and to whom the Project Owner has granted the right to manage the Project.
Project User (User) – a person with the necessary legal capacity and legal competence, for whom the Project Administrator has created an Account. A Project User is a User of the Service to which the Project Administrator has granted them access.
Project User Account – information about the Project User, required for registration and authorization of the Project User on the Platform, which includes the User name (login), password for access to the Personal Account (password), and other relevant information. Access to the Project User Account is provided through the Personal Account.
Project User's Personal Account – a private area of the Platform that allows the Project User to manage settings, edit the Account, and perform other actions necessary to use the functionality of the Platform and the Service within the limits of the access rights granted to them by the Project Administrator.
Customer Personal Balance (account) – data records reflecting the financial relationship between the Customer and the Company for the provided Services. The Customer Balance is increased by the amount of funds transferred by the Customer to the Company and credited by the Company to the Customer's Balance as prepayment for Services, and is decreased by the cost of the Services provided by the Customer.
Customer Bonus Balance (account) – data records reflecting the Company's crediting/debiting of points to the Customer during promotional events or when paying compensation to the Customer for the Company's violation of the agreed level of services. The Bonus Balance is reduced by the amount of services provided by the Customer. If there are funds on the Bonus and Personal Balances, debits are made first from the Bonus Balance, then from the Personal Balance.
Zero Balance – the absence of bonuses/funds on the Bonus and Personal Balance (accounts) of the Customer for the Company to write off the payment for the cost of services for providing access to the Services.
Accounting Period – the period of time during which the Customer is provided with services for using the Service. The duration of the Accounting Period is established by the relevant agreements on the use of individual services.
3. SUBJECT OF THIS AGREEMENT
3.1. Under the terms of the Agreement, the Company grants the Customer access to the Platform, which allows the Customer to use the Platform Services through their Personal Account.
3.2. In the process of using the Platform, the Customer may create and delete Projects, create and delete Accounts for Project Users within such Projects, and also grant and restrict access of such Users to selected Services. The Customer is responsible to the Company for the actions of the Project Users and must ensure that they comply with EULA.
3.3. Use of the Platform and Services provided by the Company is free of charge unless otherwise stated by the relevant agreements on the use of individual Services.
3.4. The operation and maintenance of the Platform and Services provided by the Company is carried out by the Company. Services provided by Partners are maintained by the relevant parties. The use of the Platform and Services by the Customer and Project Users is carried out in an interactive (online) mode by connecting them via the World Wide Web to the Website. The Company is the owner of the necessary access rights to the Platform and Services provided by the Company, as well as to all their elements, taken both individually and collectively. The right to use the Partner Services is granted to the Customer in accordance with the agreements between the Company and the Partners.
3.5. The Company makes reasonable efforts to ensure the operation of the Platform and Services provided by the Company without downtime but does not guarantee the absence of interruptions due to technical malfunctions, maintenance work, as well as full or partial availability of their individual elements. Agreements for the use of individual services may include terms for service level guarantees. The Company does not guarantee that the Platform, Services or any of their elements will function at any particular time in the future, or that they will not cease to function. The Company is not responsible for the quality and performance of the Services provided by Partners.
3.6. The features of the Platform and Services, including all scripts, content, individual elements, and design of the Platform and Services are provided “as is”. The Company does not guarantee that the Platform, Services, or their elements are suitable for specific use cases. The Company cannot guarantee and does not promise any specific results from using the Platform, Services, and their individual elements.
4. TERMS AND CONDITIONS FOR USE OF THE PLATFORM BY THE CUSTOMER
4.1. To use the Platform, the Customer must register on the Platform and create an Account. When creating an Account on the Platform, the Customer enters their login (their email address) and password twice in the dedicated fields, and also confirms their consent with this Agreement, the Platform’s Privacy Policy, and the Terms. To confirm registration, a letter is sent to the email address specified by the Customer, which contains a link to the confirmation page.
Authorization and logging in to the Platform is carried out through the Website. A person who has logged in to the Platform using the Customer's login and password is considered the proper owner of the relevant account, access to the use and management of which was obtained as a result of such authorization.
4.2. After authorization on the Platform (logging in to the Personal Account), the Customer has the right to use the Platform and Services in compliance with the terms of the agreement, as well as the relevant agreements on the use of individual Services.
4.3. The platform provides the Customer with the following capabilities:
- Configure settings for your Account within the framework of the Platform’s functional capabilities;
- Create and delete Projects using the functionality of the Platform;
- Connect Services available through the Platform, including to created Projects, and revoke agreement to use connected Services; Agreements for the use of individual services may require payment to the Company or Partners for providing access to the relevant Service;
- Create Accounts within the Projects for individuals who have the necessary legal capacity and legal competence to use the Platform, as well as delete created accounts;
- Grant, restrict, or revoke access to the said Services for the individuals with created Accounts;
- Grant the rights of the Project Administrator to another person, change the scope of the granted rights, up to and including revoking the right to manage the Project;
- Perform other actions related to the use of the Platform and Services that are not prohibited by the current legislation and the Terms.
- Implicitly comply with the provisions of the Terms;
- Take appropriate actions to ensure the security of the Personal Account and prevent unauthorized access to it by third parties (in particular, ensure that the password is not saved in the browser if third parties may use the Customer's device, including browsers using the cookies); the Customer is responsible for any illegal actions carried out using their Personal Account as if they were their own;
- Comply with all instructions and regulations of the Company; in the event of the Customer’s failure to comply with the Company’s demands, the Company has the right to suspend, restrict, or terminate the Customer’s access to the Platform, Services, or their individual features;
- At the request of the Company, confirm the credentials specified by the Customer when creating/editing their Account, as well as the credentials specified in the User Accounts;
- Regularly review and monitor changes to the Terms;
- Ensure that Project Users are aware of EULA and comply with its provisions; the Customer is responsible for illegal actions committed using the User's Personal Account as if they were their own;
- Comply with other requirements and fulfill the conditions specified in the Terms.
5.1. The Project User gains access to the Platform when the Project Administrator creates for them an account linked to the Project. The User account is created by specifying the email address of the Project User as the login and the User following the link received by email to confirm the creation of the account. The User logs in to the Platform within the Project by entering the login (their email address) and password received from the Project Administrator.
5.2. The Project Administrator may grant the Project User access to one or more Platform Services. In this case, the Project User is considered the User of the related Service.
5.3. The Project User may be authorized on the Platform via the Website or by using the mobile application for the relevant Service if such feature is available for the Platform and complies with the Project settings. A person who has logged in to the Platform is considered to be the owner of the related account access to which was obtained as a result of the authorization.
5.4. Authorization of the Project User on the Platform suggests agreement with the terms of EULA.
5.5. The rights and obligations of the Project User using an individual Service are defined in this Agreement, as well as in the agreement on the use of the relevant Service.
5.6. The Project User uses the abilities granted to them within the scope of rights granted to them by the Project Owner and in accordance with the Project settings. The Project Administrator ensures that the Project Users comply with EULA. If the Project Administrator discovers a violation of EULA by a Project User, the Administrator must block the Account of such User and report this incident to the Company's customer support.
5.7. When using the Platform and Services, the User is responsible to:
- Implicitly comply with the provisions of EULA;
- Take appropriate actions to ensure the security of their Personal Account and prevent unauthorized access to it by third parties (in particular, ensure that the password is not saved in the browser if third parties may use the Customer's device, including browsers using the cookies);
- Comply with all instructions and regulations of the Company If the User fails to comply with the Company’s demands, the Company has the right to suspend, restrict, or terminate the User’s access to the Platform, Services, or their individual features;
- At the request of the Company, confirm the credentials specified in the User Account;
- Regularly review and monitor changes to EULA;
- Comply with other requirements listed in EULA.
6.1. When using the Platform and Services, the Customer and Users are prohibited from:
6.2. The Customer is prohibited from:
- Violating the intellectual property rights of the Company and/or Partners in relation to the Platform, Services, or any of their elements; in particular, it is prohibited to copy, broadcast, publish, and otherwise distribute and reproduce materials (text, graphic, audio, or video), fragments and individual elements (including computer programs, scripts, and other elements) of the Platform and Services posted by the Company and Partners as parts of the Platform and Services without the written consent of the Company and/or Partners;
- Collect the credentials of other Customers and Projects Users created by other Customers;
- Use any automated means to collect information posted within the Platform and Services;
- Use the Platform and Services to carry out propaganda or agitation that incites social, racial, national, or religious hatred and enmity, propaganda of war, social, racial, national, religious, or linguistic superiority, as well as distribute information that promotes suicide, contains a description of methods of suicide and any incitement to commit it; information about narcotic and psychotropic substances, including information about the distribution of drugs, recipes for their manufacture, advice on use and other information distribution of which is prohibited by the current legislation;
- Mass mailing of commercial, political, advertising, and other information (including hyperlinks leading to websites with such information and/or to websites containing malicious software) if the recipients have not given their consent to receive this type of information;
- Enter knowingly false or fake information when creating a Personal Account and filling out the registration form or when providing additional information about the Customer;
- Give the password for the Personal Account to persons who do not have the proper authority to carry out actions on behalf of the Customer (or a User);
- Carry out actions aimed at destabilizing the functionality of the Platform and Services, attempt unauthorized access to the management of the Platform and Services or their private sections (including sections to which access is permitted only to the Company), as well as carry out any similar actions;
- Carry out actions to create new structures (including blocks in the blockchain) using the functionality of the Platform and Services as part of the functioning of cryptocurrency platforms or for mining cryptocurrencies by any other means;
- Carry out any other actions that contradict the policy and goals of creating the Platform and Services or violate the current legislation.
7.1. The Company carries out the current management of the Platform, which includes independently determining its structure and appearance. It grants Customers and Users access to the Platform and Services provided by the Company or revokes the access in case of violation of the Terms or EULA.
7.2. The Company acts solely as the provider of the technical means for interaction between Customers and Users. Transfer, storage, and providing access via the Internet to the Platform and Services to information, graphic images, and other materials uploaded by Customers and Project Users and related to such interaction are carried out without changing such materials or their content by the Company.
7.3. The Company independently decides on the placement of advertisements within the Platform and Services, participation in affiliate programs, and inclusion of other information in the content of the Platform and Services.
7.4. The company has the right to:
- At any time change the design and user interface of the Platform, the Services provided by the Company, or the content of the provided features; change or supplement the used scripts, software, website content, and other objects used or stored within the Services, any server applications, without notifying the Customer;
- Delete any information and materials posted by the Customer within the Platform and Services that violate the current legislation, the Terms, the rights of other Customers, Projects Users created by other Customers, or third parties, or cause harm or threaten their safety;
- Demand payment for providing access to the Services in the amount and manner specified in the agreements on the use of individual Services;
- Warn, notify, and inform Customers and Project Users using the Platform or Services of non-compliance with the Terms and EULA; the Company's instructions are binding on the Customers and Project Users during their use of the Platform and Services;
- Suspend, restrict, or terminate the access of the Customer or Project Users to all or any of the sections of the Platform and Services at any time without explanation, with or without prior notice in the event of a violation of the current legislation, the Terms, or EULA;
- Send to Customers and Users of Projects notifications (including messages by email, SMS messages, etc.) about the introduction of new or deprecation of old features of the Platform and/or Services, as well as containing advertising information about the capabilities of the Platform and Services;
- Take measures not prohibited by law to protect their own intellectual rights in relation to the Platform and Services provided by the Company.
8. PAYMENT FOR THE COMPANY'S SERVICES
8.1. In cases specified in the agreements on the use of individual Services, services of the Company or Partners for providing access to the Services are paid and are provided on a prepaid basis.
8.2. To gain access to the Services, the Customer must make a deposit to their Personal Balance (account) with the amount necessary to pay for the services required by the Customer in accordance with the prices in effect at the time of payment. The Customer's obligations to pay for services are considered fulfilled from the moment the funds are received into the Company's bank account.
The cost of services for providing access to the Service is determined on the web page amvera.ru (unless specified otherwise in the agreement on the use of the relevant Service). The Company may unilaterally change the cost for providing access to the Services. New prices are applied from the Accounting Period following the period in which the tariffs were changed.
At the discretion of the Company, confirmation of payment for services may be a copy of a document with a bank stamp indicating the transfer of funds. In this case, the Company has the right to request the original document confirming the fact of payment. The Customer agrees that all risks of losses arising when paying for the Company’s services are the Customer’s risks.
After the receipt of funds to the Company's current account, the status of the Customer's Personal Balance (account) is updated by indicating the amount transferred by the Customer to the Company's current account as available for payment of services for providing access to the Services.
8.3. The Company has the right to offer the Customer bonuses when conducting advertising campaigns or when paying compensation to the Customer in connection with the Company’s violation of the agreed level of services by crediting bonuses to the Customer Bonus Balance (account). The Bonus Balance is reduced by the amount of services provided by the Customer. If there are funds on the Bonus and Personal Balances, debits are made first from the Bonus Balance, then from the Personal Balance.
8.4. The Customer agrees that if at the time of termination of the Parties' obligations or termination of the Agreement, the amount of the Customer's advance payment for services exceeds the cost of the services actually provided, the difference between the specified amounts is considered the Customer's advance payment for other services offered by the Company under other (including future) agreements, except in cases of written agreement on the terms of termination of obligations or termination of the concluded Agreement on other terms.
8.5. The Customer, who is a person or a legal entity subject to payment for services by transferring funds to a bank account, undertakes to sign the Certificate of Acceptance of Provided Services (hereinafter – the Certificate) and an invoice or a universal transfer document (hereinafter – UTD) at the end of the Accounting Period during which the Company provided the Customer with access to the Services. The Company sends the UTD to the Customer via the electronic document management system (hereinafter – EDMS). The Parties have the right to sign documents with an electronic signature (hereinafter – ES), if both Parties have the technical capability to do so.
8.6 The Customer undertakes to sign one copy of the Act/UTD and send it to the Company within 10 working days from the date of its receipt, or sign the UTD within a similar time frame via EDMS using an ES.
9. LOCATION AND TIME DURATION OF THE AGREEMENT
9.1. The Customer has the right to use the Platform and Services in the ways described in this Agreement throughout the territory of the Russian Federation, as well as other locations where they are accessible through standard hardware and software means.
9.2. This Agreement is effective for a period of one calendar year and will enter into force on the date of the Customer’s acceptance of the Terms. If neither Party declares in writing its termination within 30 (thirty) calendar days before the expiration of the Agreement, it will be extended for one year. The number of extensions is not limited.
9.3. This agreement will be terminated in the following cases:
- The Company decides to change the terms of this Agreement, to enter into a new agreement with the Customer, to terminate this Agreement with respect to the Customer, to terminate the administration and maintenance of the Platform and to terminate access to it, or to terminate access to the Platform for the Customer.
- The Company has the right, at any time, without notifying the Customer and without providing the reasons, to terminate the Agreement unilaterally and extrajudicially with immediate termination of access and the ability to use the Platform and without compensation for any costs, losses or return of anything received under the Agreement, including, but not limited to, in the event of:
- Termination of the Platform;
- Any violation of the Terms and/or EULA by the Customer or a Project User, including a single violation;
- On other grounds sufficient to terminate the Agreement according to the Company.
10. FINAL PROVISIONS
10.1. In case one or more provisions of the Agreement are recognized as invalid by a court decision that has entered into force, it does not entail for the Parties that the Agreement as a whole is invalid. In the event that one or more provisions of the Agreement are recognized as invalid, the Parties are responsible for fulfilling the obligations assumed under the Agreement in a manner as close as possible to those implied by the Parties upon conclusion and/or agreed amendment of the Agreement.
10.2. This Agreement and the relationship of the Parties in connection with this Agreement and the use of the Service are governed by the current legislation.
10.3. The content and procedure of entering into this Agreement is in compliance with the provisions of the Civil Code of the Russian Federation, regulating the procedure and conditions for concluding an agreement by accepting a public offer.
10.4. All disputes between the parties under this Agreement are to be resolved through correspondence and negotiations using the mandatory pre-trial (claim) procedure. In case an agreement between the parties was impossible to reach through negotiations within 60 (sixty) days from the date of receipt by the other Party of a written claim, the dispute is to be referred by any interested party to the court at the location of the Company (excluding the jurisdiction of the case by any other courts), unless otherwise stated by law.
Last edited: 05.11.2024
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