This Agreement is entered into between Individual Entrepreneur Maltsev Pavel Alekseevich, hereinafter referred to as the "Service Administration," and any person becoming a user upon registration on the website of the "kostebas" Service (hereinafter – the Service), hereinafter referred to as the "User." The Service Administration and the User are hereinafter collectively referred to as the "Parties" and individually as a "Party."
1.1. Pursuant to Article 435 of the Civil Code of the Russian Federation, this Agreement is a public offer. By gaining access to the materials of the Service, the User is considered to have joined this Agreement and accepted the terms of this offer and the provisions of the Agreement (acceptance).
1.2. The unconditional acceptance (acceptance) of the terms of this public offer is effected by registering on the Service's website.
1.3. This Agreement, concluded by accepting this offer, does not require bilateral signing and is valid in electronic form.
1.4. The use of materials and functions of the Service is governed by the laws in force of the Russian Federation.
2.1. The subject of this Agreement is the transfer by the Service Administration of non-exclusive rights to use the "kostebas" Service by the User under the terms of a simple (non-exclusive) license by providing access to the Service on a server belonging to the Service Administration.
2.2. The provisions of this Agreement apply to all subsequent updates and new versions of the Service. By agreeing to use the new version of the Service, the User accepts the terms of this Agreement for the relevant updates and new versions of the Service, unless such update and/or new version of the Service is accompanied by a different agreement.
2.3. The "kostebas" Service is the result of the Service Administration's intellectual activity and is protected by the legislation of the Russian Federation on the protection of intellectual property as well as by international law. All exclusive rights to the Service, its accompanying materials, and any of its copies belong to the Service Administration. The right to use the Service is granted to the User exclusively under the conditions and within the scope specified in this Agreement.
3.1. To start using the Service, the User must go through the registration procedure by creating a unique username (Login) and password. Upon completing the registration process, the User becomes the owner of an account. From the moment of logging into their account, the User is independently responsible for the security of the data entered, as well as the Login and password.
3.2. At the end of the work with the Service, the User independently terminates the session under their account by clicking the "Log Out" button.
3.3. From the moment of registration in the Service, the User is assigned a personal account (balance) to which the User has the right to deposit funds. The funds on the personal account may be used to pay for the Service's paid services. Simultaneously with assigning a personal account, a bonus account is opened for the User. Bonus points are accrued as a percentage of the amount of funds deposited to the personal account. Bonus points can also be used to pay for the Service's paid services. One bonus point is recognized as equivalent to one ruble.
Payment for paid services is made by non-cash transfer of funds in the form of a 100% advance payment and is debited from the User's personal account. In this case, paid services are provided to the User if the amount in the User's personal and/or bonus account is greater than or equal to the total cost of the selected services.
3.4. Free services are provided to the User without any warranties, in the quality, scope, and functional capabilities that these services have as part of the Service. This means that the User is not entitled to make claims regarding the availability, scope, quality, or functional capabilities of the free services received, and uses them assuming all risks and responsibilities associated with the use of such free services.
3.5. Paid services are considered to have been provided properly and accepted by the User in full if, within 5 (Five) working days from the end of the calendar month during which the relevant paid service was provided, the Service Administration has not received from the User any substantiated written complaints.
3.6. The Service Administration provides technical support to the User, including on issues related to the functionality of the Service and the services provided, as well as the features of operating the Service.
4.1.1. The User undertakes not to take any actions that may be considered as violating Russian legislation or international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Service.
4.1.2. The User undertakes to read the current content of this Agreement, posted at https://kostebas.com/privacy.html, at least once a month.
4.1.3. The User undertakes not to grant (transfer), in whole or in part, to third parties the rights received by them under this Agreement, not to sell, replicate, or copy the materials of the Service in whole or in part, not to otherwise alienate them, including free of charge, without obtaining prior written consent from the Service Administration for all the above actions.
4.1.4. The User undertakes not to disclose their password and login used to access the Service to third parties and to ensure the confidentiality of their storage. In the event of unauthorized access to the login and password and/or the User account, the User must immediately inform the Service Administration about this.
4.1.5. The User undertakes not to use software that provides automatic downloading and processing (parsing) of the Service's web pages to obtain the required data (i.e., not to "parse" the Service's web pages).
4.1.6. The User is entitled to access the Service at any time, except during maintenance work.
4.1.7. The User is entitled to use the Service within its functional capabilities and under the conditions established by this Agreement.
4.1.8. The User is entitled to deposit any amount of money to top up the Personal Account on the Service for subsequent use of the Service's Paid Services.
4.1.9. The User is entitled to change their password independently without notifying the Service Administration.
4.1.10. The User is entitled to submit a request at any time to delete the User account and the information stored in the Service. The account and information stored in the Service will be deleted within 7 days from the date the request is received. When deleting the account, the funds in the User's bonus and personal accounts are not subject to refund.
4.1.11. The funds credited to the User's Personal and bonus accounts are non-refundable and can be used to pay for the Service's paid services.
4.2.1. The Service Administration is obliged to provide the User with access to the Service no later than 5 (Five) working days from the date the User completes the registration procedure on the Service.
4.2.2. The Service Administration undertakes to ensure the operation of the Service, in accordance with the terms of this Agreement, 24 hours a day, 7 (Seven) days a week, including weekends and holidays, except during maintenance work.
4.2.3. The Service Administration undertakes to ensure the preservation of the User's data placed in the Service for 90 (Ninety) calendar days from the moment the User last used any of the Service's paid services.
4.2.4. The Service Administration has the right to suspend the operation of the Service to carry out the necessary scheduled maintenance and repair work on the Service Administration's technical resources, as well as unscheduled work in emergency situations, notifying the User if technically possible by posting relevant information on the website.
4.2.5. The Service Administration has the right to interrupt the operation of the Service if this is due to the impossibility of using information and transport channels that are not the Service Administration's own resources, or due to the actions and/or inaction of third parties, if this directly affects the operation of the Service, including in an emergency.
4.2.6. The Service Administration has the right to update the content, functionality, and user interface of the Service at any time at its own discretion.
4.2.7. The Service Administration has the right to unilaterally change the cost of paid services.
4.2.8. The Service Administration has the right to block and/or delete the User's account, including all of the User's information content, without notifying the User and providing reasons if the paid services of the Service have not been used for 90 (Ninety) calendar days, as well as in the event of a violation by the User of the terms of this Agreement.
5.1. The Service is provided to the User "as is" in accordance with the generally accepted principle in international practice. This means that the Service Administration assumes no liability for problems arising during updates, maintenance, and operation of the Service (including compatibility issues with other software products, as well as discrepancies between the results of using the Service and the User's expectations, etc.).
5.2. For breach of obligations under this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation. In this case, the Service Administration's liability to the User in the event of a claim for damages is limited to the cost of the Paid Services paid for by the User.
5.3. Neither Party shall be liable for full or partial non-performance of any of its obligations if such non-performance results from force majeure circumstances that arose after the conclusion of this Agreement and are beyond the control of the Parties. If force majeure circumstances last more than 3 (three) months, either Party may unilaterally refuse to fulfill its obligations under this Agreement (terminate the Agreement).
5.4. Since the Service is the intellectual property of the Service Administration, liability for copyright infringement shall arise in accordance with the applicable legislation of the Russian Federation.
5.5. The Service Administration is not responsible for failure or improper performance of obligations under this Agreement, as well as for direct or indirect losses of the User, including lost profit and potential damage, arising including as a result of unauthorized actions by Internet users aimed at violating information security or the normal functioning of the Service; the absence of an Internet connection between the User's computer and the Service Administration's server; actions carried out by governmental and municipal authorities, as well as other organizations, within the framework of operational and investigative measures; the establishment of state regulation (or regulation by other organizations) of the commercial activities of organizations on the Internet and/or the imposition by these entities of one-time restrictions that complicate or make it impossible to fulfill this Agreement; and other cases related to the actions (inaction) of Internet users and/or other entities aimed at deteriorating the overall situation of using the Internet and/or computer equipment existing at the time this Agreement was concluded.
5.6. In the event of any disputes or disagreements arising between the Parties from this Agreement or related to it, the Parties shall make every effort to resolve them by negotiation between themselves.
5.7. If it is impossible to resolve the disputes and/or disagreements arising between the Parties by means of negotiations, such disputes shall be resolved in the Arbitration Court of St. Petersburg and the Leningrad Region.
6.1. This Agreement enters into force on the date of acceptance and remains in effect until the Parties have fully performed their obligations.
6.2. This Agreement may be terminated early by mutual agreement of the Parties, as well as at the initiative of the Service Administration in the event of the User's violation of the terms of this Agreement without refunding any funds to the User.
6.3. Since this Agreement is an offer, and by virtue of the current civil legislation of the Russian Federation, the Service Administration has the right to withdraw the offer in accordance with Article 436 of the Civil Code of the Russian Federation. In the event of withdrawal of this Agreement during its term, this Agreement shall be deemed terminated from the moment of withdrawal. Withdrawal is effected by posting the relevant information on the website.
6.4. The Parties agree that, in the performance of this Agreement, the use of signatures of the Parties' representatives, as well as their seals, by means of facsimile communication, mechanical or other copying, electronic digital signature, or any other analogue of a handwritten signature of the heads and seals of organizations is permissible. The Parties confirm that the appendices to this Agreement, signed and executed in the manner specified in this clause, have legal force and are binding on the Parties.
6.5. The Service Administration has the right to unilaterally make changes to the terms of the Service by posting this information on the website in the public domain and by amending this Agreement.
6.6. The mentioned changes to the terms of this Agreement come into force on the date of their publication, unless otherwise specified in the relevant publication. The User's continued use of the Service after the changes and/or additions have been made to the Agreement constitutes the User's acceptance and consent to such changes and/or additions.
7.1. Except for the warranties expressly stated in the text of this Agreement, the Service Administration provides no other warranties.
7.2. The Service Administration guarantees the User that the User's personal data stored on the Service will be accessible only in strict accordance with the laws of the Russian Federation and/or in the manner and to the extent agreed upon with the User.
7.3. By agreeing to and accepting the terms of this offer, the User represents and warrants to the Service Administration that they: