Company license agreementEdition No. 1 of 03 August 2020
The text of this License Agreement of the Company, permanently posted on the Internet at https://draftme.pro/en/politics-confidentiality
(hereinafter referred to as the "Agreement"), defines the conditions for using the computer program, contains all the essential terms of the agreement and is an offer of the Company as the licensor to conclude a license agreement with individuals (users) who have visited the site on the Internet at https://draftme.pro/
(hereinafter referred to as the "Site"), as licensees, on the terms specified in the text of the Agreement. Thus, in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation, the text of this Agreement is a public offer. In accordance with clause 3 of Article 438 of the Civil Code of the Russian Federation, the proper acceptance of this offer is considered to be the consistent implementation by any individual of the following actions in the Registration form on the Site located on the Internet at https://draftme.pro/en/#registration
1. Familiarization with the terms of this Agreement;
2. Entering information about the e-mail address;
3. Pressing the field "Pay and send an application".
The user must independently familiarize himself with the content of this Agreement. If the content of the Agreement is not clear to the user, he is advised to seek professional legal assistance or otherwise ensure his full understanding of the essence of this document and not enter into an Agreement if its content is not clear to the user.
If the above actions are performed, the Agreement is considered concluded on the following conditions.
Individual entrepreneur Aleksey Evgenievich Maslov (hereinafter - the "Licensor"), on the one hand, and any individual who has accepted this agreement, posted on the Internet at https://draftme.pro/en/politics-confidentiality , collectively referred to as the "Parties", have entered into this Agreement as follows.1. TERMS USED IN THIS AGREEMENT
1. The parties use these terms in the following meaning:Platform
- a computer program "Draft", which is a set of data and commands, including source text and object code, which allow the User to post videos in the Personal Account, receive tasks from the Company, receive corrections from the Company to completed tasks, send videos for verification quality of their implementation.Types of use of the Platform
- types of use of the Platform, limited by the appropriate scope of rights in accordance with the purpose of its use by the user, which are determined by the Tariffs, the Cabinet of the company.Legislation
- current legislation of the Russian Federation.Licensor
- the owner of the exclusive right to the Platform and its components - Individual entrepreneur Maslov Alexey Evgenievich (TIN 7 7 2 7 7 5 0 2 9 4 6 5).Licensee
is a registered individual who has the right to use the Platform in his own interests in accordance with the requirements of the current Legislation and this Agreement.Demo access
- use of the Platform in a limited mode to get acquainted with its functionality, which does not require payment from the Licensee.Personal Account
is a closed part of the Site, which is a collection of protected pages on the Site, created during Registration, through which the Platform is used and the Parties interact. Access to the Personal Account is carried out by the Licensee by entering the Login and Password.Personal account
- a system for accounting for funds contributed by the Licensee or the Licensor in favor of the Licensor as payment for the right to use the Platform, available in the Personal Account.Login and Password
- a unique set of characters created by the User during the Registration process, designed to access the Personal Account.Registration
- filling out the Registration form by the User located on the Website at https://draftme.pro/en/#registration
by specifying the Login (email address), which is necessary, among other things, for the subsequent authorization of the Licensee on the Website and obtaining the right to use the Platform.Registration form
- a form located on the Site at https://draftme.pro/en/#registration
, which the user must fill out to register on the Site.Site
- a website located on the Internet at https://draftme.pro/
, which is an object of intellectual property, exclusive rights to which belong to the Licensor, which is a collection of computer programs and databases, the Licensor's commercial designation, information, texts , graphic elements, design, images, photos, video materials and other results of intellectual activity of the Licensor contained in the information system that ensures the availability of such information on the Internet at the network address https://draftme.pro/
- this license agreement, as well as all annexes thereto.
Tariffs - a list of the types of use of the Platform (except for Group use of the Platform), their cost and payment procedure depending on the scope of the rights to use the Platform and the timing of such use, posted on the Site at https://draftme.pro/en/#registration
is a small text file that contains information about the actions of the Licensee. Cookies are necessary to facilitate navigation and to adapt it to the needs of the Licensee, they do not harm the Licensee.
2. Licensee certifies that the terms of this Agreement are accepted by him without any objection and are in accordance with his actual will. The Licensee has understood the meaning of terms, words and expressions used in this Agreement and on the Site in accordance with their legal definition and / or interpretation specified in this Agreement.
2. SUBJECT OF THE AGREEMENT
1. The Licensor grants the Licensee the right to use (a simple non-exclusive license) a copy of the Platform in the cloud space by obtaining the Licensee remote access to it via the Internet and reproducing it for independent use in the manner and under the conditions stipulated by the Legislation and this Agreement.
2. All the conditions stipulated below apply to the Platform as a whole and to all of its components separately.
3. The platform is intended for the personal needs of the Licensee, not related to his entrepreneurial activities. Use of the Platform for commercial purposes is prohibited.
4. The territory of the transferred rights to use the Platform is all countries of the world.
5. The term of the transferable rights to use the Platform is unlimited for Demo access, but is limited by the period of validity for a specific type of use of the Platform specified in the relevant Tariff, or for Group use of the Platform specified in the Company Cabinet or the Trainer's Cabinet, respectively.
6. The Licensee, at his own discretion, independently chooses the Types of use of the Platform.
7. The licensee is fully responsible for any actions taken through his Account and / or using his data. In case of detection of unauthorized access to data or the Licensee's Account, the latter is obliged to immediately notify the Licensor's support service by email email@example.com.
8. None of the provisions of this Agreement can be interpreted as a transfer of exclusive rights to the Platform or its individual components to the Licensee.
1. To obtain the right to use the Platform, you must register on the Site. Registration is done by filling out the Registration Form.
2. When registering, an e-mail address is indicated, which is used hereinafter as a Login. The user is sent a unique Password for further entry into the Personal Account and authorization.
3. After filling out the Registration form and acceptance of this offer, the Licensee receives a letter by e-mail confirming the completion of the Registration and the provision of Demo access.
4. The Licensee guarantees that the data specified during Registration are current and reliable.
5. After completing the Registration, the Licensee agrees to receive information and advertising emails from the Licensor to the specified email address.
1. The amount of the license fee for the right to use the Platform is independently determined by the Licensee in accordance with the Tariffs, with the exception of the license fee for the right to Group use of the Platform, which is agreed by the Parties on an individual basis and is indicated in the Company Cabinet or the Trainer's Cabinet, respectively. In accordance with subparagraph 26 of paragraph 2 of Article 149 of the Tax Code of the Russian Federation, granting the Licensee the right to use the Platform is the exercise of the rights to use programs for electronic computers and databases on the basis of a license agreement, in connection with which value added tax (VAT) is not charged.
2. The license fee is paid by the Licensee in Russian rubles (or other currency depending on the territory of the transferred rights to use the Platform) by payment by any of the methods within the timeframe and in the manner specified in the Tariffs, as well as in the Company Cabinet or the Trainer's Cabinet.
3. The Licensee has the right to pay at the same time for more than one Kind of use of the Platform, and in case of expiration of the validity of the use of the Platform in accordance with the selected Kinds of Use of the Platform, the Licensee has the right to use the Platform in the Demo access mode free of charge.
4. The right to use the Platform is considered paid at the time the Licensee transfers the entire amount of the corresponding license fee to the paying agent indicated on the Site. The paying agent and credit institutions may charge additional fees for transferring funds.
5. Information about all the license fees paid by the Licensee is available in the Personal Account.
6. The licensor has the right to set discounts on license fees. Information about such discounts may also be posted on other sites for advertising purposes. The amount and duration of the discount are set by the Licensor independently and are communicated to the Licensee by posting information on the Site and (or) by sending a mailing to the Licensee.
7. The Licensor has the right at any time to change or supplement the Tariffs unilaterally, without prior agreement with the Licensee. The Licensee agrees to independently inquire about the Tariffs posted on the Site at https://draftme.pro/en/#registration
and decide on the payment of the license fee for the purposes of using the Platform. The Licensee, by paying the license fee in accordance with the selected Tariff by clicking the "Pay and send an application" field on the payment page of the Site, confirms his agreement with the changes in this Agreement related to the change in Tariffs, and is responsible for any consequences that have occurred for the Licensee in connection with with such changes.
8. If the Licensee violates for more than 3 (three) days the obligation to pay the Licensor a license fee in the amount and terms established for the corresponding Type of use of the Platform, the Licensor has the right to restrict his access to the Platform by temporarily blocking the right to the corresponding Type of use of the Platform, payment for which is not completed on time or not in full. If, after the expiration of thirty (30) days following the date of restriction of access to the Platform, the Licensee has not fulfilled the obligation to pay the license fee for the corresponding Type of use of the Platform, the Licensor has the right to finally block the Licensee's access to the corresponding Type of use of the Platform. The Licensee can obtain such access only if he pays for the corresponding Type of use of the Platform again.
9. In case of a material violation by the Licensee of the obligation to pay the Licensor within the period established by the Tariffs, the Company Cabinet, the license fee for granting the right to use the Platform, the Licensor may unilaterally withdraw from the Agreement. The Agreement is terminated upon the expiration of 30 (thirty days) from the date of receipt of the notice of cancellation of the Agreement, if during this period the Licensee has not fulfilled the obligation to pay the license fee.
5. LICENSE REMUNERATION, PAYMENT PROCEDURE AND CONDITIONS OF REFUNDING
1. From the moment of Registration, the Licensee receives the right to use the Platform in the Demo access mode free of charge.
2. Full use of the Platform (both as a whole and its various parts), depending on the chosen type of use of the Platform, is provided to the Licensee from the moment of payment of the license fee in accordance with section 5 of this Agreement.
3. The Licensee is prohibited from using the Platform or its components outside of the paid Type of use of the Platform, as well as using the Platform in a manner not expressly provided for in this Agreement.
4. The use of the Platform is carried out around the clock (except for cases when technical work is carried out). The Licensor is not responsible if the use of the Platform is limited due to the Licensee's lack of access to the Internet or due to problems with communication channels.
5. When using the Platform, the Licensee has the opportunity to obtain technical support from the Licensor on issues arising in the process of using the Platform by contacting the Licensor's support service by email firstname.lastname@example.org.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
1. The licensor is obliged:
1. Comply with the terms of this Agreement.
2. Grant the Licensee the right to use the Platform, provided that the Licensee fulfills the requirements specified in this Agreement.
3. In a reasonable timeframe, eliminate the Platform malfunctions caused by the Licensor's fault.
4. Provide the Licensee with technical support and advice on the use of the Platform.
2. The licensee is obliged:
1. Comply with the terms of this Agreement.
2. Carry out the Registration.
3. Perform tasks received from the Licensor within the time frame provided for by the task.
4. Use the Platform on the terms and in the manner prescribed by this Agreement.
5. Do not transfer the rights to use the Platform to third parties.
6. Do not transfer the Login and Password to third parties and ensure the confidentiality of the Login and Password. In case of loss of the Login and Password and (or) violation of the confidentiality of the Login and Password - notify the Licensor about this.
7. Pay the Licensor the payments stipulated by the relevant Types of use of the Platform in the amount and terms specified in the Tariffs or the Company Cabinet or the Trainer's Cabinet, respectively.
3. The licensor has the right:
1. Receive license fees under this Agreement.
2. Unilaterally withdraw from this Agreement by blocking the Licensee's right to use the Platform in cases of violation by the Licensee of the Legislation and (or) the terms of this Agreement. The Licensor is not responsible for losses incurred by the Licensee in connection with such refusal of the Licensor from the Agreement.
3. Unilaterally change or supplement the Tariffs without prior agreement with the Licensee.
4. Carry out preventive work on the Site, for which purpose temporarily suspend access to the Platform. The Licensor notifies the Licensee about preventive maintenance by notification on the Website or via e-mail.
5. Use the name of the Licensee, as well as his photo for the purposes of advertising the Platform, having obtained the prior written consent of the Licensee.
6. Without an agreement with the Licensee, modify, process and (or) modify the software, databases, and other components of the Platform, add new properties or functionalities that increase its performance and (or) efficiency, or otherwise improve its characteristics, as well as introduce changes in the content, conditions, and technology of the Site.
7. Block the Licensee's right to use the Platform if the Licensee refuses this Agreement in accordance with clause 6.4.5 of this Agreement.
8. Place advertising materials and links to other resources on the Site, while the Licensor is not responsible for the availability of such resources and their content, as well as for any consequences associated with the use of these resources, their content, or advertising.
9. Carry out the creation of Cookies on the Site for statistical purposes, analysis of the Licensee's behavior on the Site, and optimization of advertising messages.
10. Remove any content from the Site for any other reason not related to the infringement of intellectual property rights, or temporarily restrict access to it.
11. Send information and advertising messages to the specified e-mail address of the Licensee. The Licensee hereby agrees to receive such messages subject to the provisions of clause 6.4.7 of this Agreement
4. The licensee has the right:
1. Use the Platform in a full-fledged mode, having previously paid the license fee in accordance with the chosen Type of use of the Platform.
2. To get acquainted with the information posted on the Site.
3. Independently post and change actual information about yourself in your Personal Account.
4. Use the Platform in the manner and on the terms specified in this Agreement.
5. For any reason, refuse the Agreement and use the Platform by putting a symbol in a special field under the heading "I do not agree with the terms of the License Agreement and (or) I Refuse the License Agreement", which is located in the Personal Account.
6. Refuse to send messages carried out by the Licensor.
7. PERSONAL DATA. ENSURING CONFIDENTIALITY
1. The Company's policy regarding the processing of personal data is, in accordance with the requirements of Part 2 of Article 18.1 of Federal Law No. 152-FZ of July 27, 2006 "On Personal Data", is publicly available and permanently located on the Site at https://online.draftme.pro/en/license-agreement agreement for review.
2. The licensee has the right to voluntarily at any time in the Personal Account enter, delete and change data about himself, including the last name, first name, patronymic, email address, phone number, age.
3. If the Licensee places his personal data specified in clause 7.2 above in his Personal Account, he voluntarily agrees to their processing by the Licensor by putting a symbol in a special field under the heading “I agree with the License Agreement and confirm that I have read the Policy regarding the processing of personal data and I agree to the processing of my personal data ", which is located at the link https://online.draftme.pro/en/license-agreement.
4. The processing of the Licensee's personal data is carried out by the Licensor for purposes related to granting the Licensee the right to use the Platform and sending advertising and information materials to the Licensee.
5. The Licensor processes personal data voluntarily posted by the Licensee on the Site in the Personal Account using software, hardware and technical means. Personal data of the Licensee is processed during the period of their posting on the Site.
6. When processing the personal data of the Licensee, the Licensor undertakes to take all measures provided for by the current legislation of the Russian Federation to protect them from unauthorized access.
7. As a result of a failure, technical malfunctions, actions of third parties, including (but not limited to) a virus or hacker attack, the Licensee's data posted on the Site may become available to third parties. The Licensee is aware of this and undertakes not to make claims to the Licensor for compensation for losses (damage) arising in connection with this.
8. By giving consent to the processing of personal data, the Licensee agrees to:
1. Storage, collection, recording, systematization, use of personal data by the Licensor.
2. Sending information to the Licensee about the services, news of the Licensor and (or) partners of the Licensor
9. The Licensee is hereby informed and agrees that his telephone conversations and correspondence with the Licensor may be recorded in order to control the quality of the Licensor's work.
8. INTELLECTUAL PROPERTY
1. Exclusive rights to the Platform and the Site belong to the Licensor and are protected in accordance with the current legislation of the Russian Federation.
2. The actions of the Licensee that entail a violation of the rights of the Licensor or aimed at violating the rights of the Licensor in relation to the Platform or its components, the Site or its components, entail criminal, civil and administrative liability in accordance with the legislation of the Russian Federation.
3. The Licensee is solely responsible in connection with the use of the Platform and intellectual property objects contained on the Site.
4. In order to execute this Agreement, the Licensee undertakes, at the request of the Licensor, free of charge, during the entire period of access to the Platform, on its pages in social networks, information about the Licensor's Sponsors and Licensor's Partners (persons specially indicated by the Licensor), photographs and video materials of the Licensor.
9. A RESPONSIBILITY. SETTLEMENT OF DISPUTES
1. The Licensor is not responsible for the achievement or failure of the Licensee to achieve the goals and results that the Licensee expected to achieve using the Platform.
2. The Licensor is not responsible for the inability to use the Platform for reasons depending on the Licensee or third parties.
3. The Licensor makes every possible effort to ensure the normal operation of the Platform and the Site, but is not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement, as well as for direct and indirect losses of the Licensee, including lost profits and possible damage arising, inter alia, as a result of:
1. Illegal actions of Internet users aimed at violating information security or the normal functioning of the Site and Platform.
2. Absence (impossibility of establishing, terminating, etc.) Internet connection between the server of the Licensee and the server of the Licensor.
3. Carrying out of operational-search measures by state and municipal bodies, as well as other organizations.
4. Establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or the establishment by the said entities of one-time restrictions that make it difficult or impossible to execute this License Agreement.
5. Other cases related to actions (inaction) of Internet users and/or other entities aimed at deteriorating the general situation with the use of the Internet and/or computer equipment that existed at the time of the conclusion of this License Agreement and the granting of the right to use the Platform.
4. The Licensor reserves the right to suspend the operation of the Site and the Platform for preventive maintenance (if possible at night or on weekends).
5. When using the Platform, the Licensee undertakes not to violate the Legislation, the interests of third parties.
6. The Licensee is solely responsible for the safety of his Login and Password and for losses that may arise due to its unauthorized use.
7. The Licensor is not liable if the actions of the Licensee related to the use of the Platform have led to direct or indirect losses for the Licensee, as well as to the deterioration of the health of the Licensee.
8. Under any circumstances, the Licensor's liability is limited to the amount of the license fee, subject to the Licensor's fault.
9. In the event of disputes or disagreements arising from or related to this License Agreement between the Licensee and the Licensor, the parties resolve disputes with the obligatory application of the claim procedure.
The date of receipt of the notification (letter or claim) is the date, depending on the method of sending:
By e-mail: The business day following the day the email was sent
Transferring originals: The date shown next to the personal signature
10. If it is not possible to resolve disputes and / or disagreements between the Parties through negotiations, then such disputes are resolved in the Arbitration Court of Moscow or a court of general jurisdiction at the location of the Licensor.
10. DURATION OF THE AGREEMENT, TERMINATION PROCEDURE
1. The text of the Agreement, permanently posted on the Internet at https://online.draftme.pro/en/politics-confidentiality
, contains all the essential terms of the license agreement and is an offer of the Licensor to conclude an agreement with any individual on the terms specified in the text of the Agreement. Thus, in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation, the text of the Agreement is a public offer.
2. The Agreement can be terminated at any time at the initiative of each Party. The Licensor has the right to withdraw from the Agreement by blocking the Licensee's access to the Platform in the event that the Licensee violates the Legislation and (or) the terms of the Agreement. The Licensee has the right to withdraw from the Agreement for any reason without explanation to the Licensor by placing a symbol in a special field of the Personal Account under the heading "I do not agree with the terms of the License Agreement and (or) I Refuse the License Agreement". If the Licensee refuses the Agreement, the Licensor blocks the possibility of using the Platform by the Licensee.
3. The Licensor has the right to post a new version of the Agreement on the Site at https://draftme.pro/en/politics-confidentiality , notifying the Licensee about this by posting information on the Site and sending an e-mail to the Licensee. Each subsequent version of the Agreement cancels the effect of the previously published version of the Agreement. The Licensee agrees to independently familiarize himself with the content of the new editions of the Agreement. The Licensee's failure to provide a symbol in the special field of the Personal Account under the heading "I do not agree with the terms of the License Agreement and (or) I Refuse the License Agreement" means the unconditional and full acceptance and consent of the Licensee with the new edition of the Agreement.
11. OTHER CONDITIONS. PROCEDURE FOR SENDING NOTIFICATIONS
1. The right to use the Platform applies to all subsequent updates / new versions of the Platform.
2. All issues not regulated by this Agreement are subject to resolution in accordance with the legislation of the Russian Federation.
3. The Parties hereby confirm that during the execution (amendment, addition, termination) of the Agreement, as well as in the course of correspondence, it is allowed to use analogs of the Parties' handwritten signature. The Parties confirm that all notifications, messages, agreements and documents within the framework of the fulfillment by the Parties of obligations arising from the Agreement, signed by analogs of the Parties' handwritten signature, are legally binding and binding on the Parties..
4. The licensor acknowledges that the analogue of the handwritten signature of his executive body is a facsimile reproduction of the signature of his executive body.
5. The Licensee acknowledges that Credentials are analogous to his handwritten signature. Thus, all actions performed using the Credentials are recognized as committed by the Licensee, and all documents sent using the email address specified by the Licensee in the Personal Account are recognized as signed by the Licensee.
6. The Parties agreed to use facsimile reproduction of the signatures of the Parties in the preparation of the necessary documents and claims in connection with this Agreement. The Parties hereby confirm that the documents and claims signed by facsimile reproduction of the signature are legally binding and binding for consideration and acceptance by the Parties.
7. The Licensee hereby confirms that he does not have an acute illness, exacerbation of trauma or chronic illness that may lead to the impossibility of performing the tasks offered by the Licensor, as well as to injury, injury, health complications or death. The Licensor does not bear any criminal, administrative and civil liability for harm to the health of the Licensee, which was caused as a result of the performance of the tasks proposed for the performance by the Licensor.
8. Except as expressly provided for by the Agreement and the current legislation of the Russian Federation, all notifications, messages and documents within the framework of the fulfillment by the Parties of the obligations arising from the Agreement must be sent and deemed received by the Parties if they are sent by e-mail from the authorized address of one Party to the authorized address of the other Parties. Authorized addresses are:
1. For the Licensor: email@example.com
2. For the Licensee: the email address specified by the Licensee during Registration or subsequently changed in the Personal Account.
11. OTHER CONDITIONS. PROCEDURE FOR SENDING NOTIFICATIONS
Company name: Individual entrepreneur Maslov Alexey Evgenievich
TIN: 7 7 2 7 7 5 0 2 9 4 6 5
OGRNIP: 3 2 0 7 7 4 6 0 0 2 2 5 8 6 4
Bank account: 3 2 0 7 7 4 6 0 0 2 2 5 8 6 4
in the bank: JSC "TINKOFF BANK"