This Agreement is concluded between Upmob, hereinafter referred to as the "Platform Administration" and any person who becomes a user when registering on the Platform's website upmob.ru (hereinafter referred to as the Platform), hereinafter referred to as the "User", together referred to as the "Parties" in the text of the Agreement, and separately as the "Party".
1. General provisions.
1.1. This Agreement, in accordance with Article 435 of the Civil Code of the Russian Federation, is a public offer. By accessing the materials of the Platform, the User is considered to have joined this Agreement, accepts the terms of this offer and the provisions of the Agreement (acceptance).
1.2. Unconditional acceptance of the terms of this offer is carried out by registering on the Platform's website.
1.3. This Agreement, concluded by accepting this offer, does not require a bilateral signature and is valid in electronic form.
1.4. The use of the materials and functions of the Platform is regulated by the norms of the current legislation of the Russian Federation.
2. The Subject of the Agreement.
2.1. The subject of this Agreement is the transfer by the Administration of the Platform of non-exclusive rights to use the Platform to the User on the terms of a simple (non-exclusive) license by providing access to the Platform on a server owned by the Administration of the Platform.
2.2. The terms of this Agreement apply to all subsequent updates and new versions of the Platform. By agreeing to use the new version of the Platform, the User accepts the terms of this Agreement for relevant updates, new versions of the Platform, unless the update and/or new version of the Platform is accompanied by another agreement.
2.3. The Platform is the result of the intellectual activity of the Platform Administration and is protected by the legislation of the Russian Federation on the protection of intellectual property and international law, all exclusive rights to the Platform, its accompanying materials and any copies thereof belong to the Platform Administration. The right to use the Platform is granted to the User exclusively on the terms and to the extent specified in this Agreement.
3. Terms of use of the Platform.
3.1. To start working with the Platform, the User must complete the registration procedure with the assignment of a unique name (Login) and password. Upon completion of the registration process, the User becomes the owner of the account. From the moment of logging into your account, the User is solely responsible for the security of the data entered, as well as the Username and password.
3.2. From the moment of registration in the Platform, the User is assigned a personal account to which the User has the right to deposit a sum of money. The amount of money in the personal account can be used to pay for the services of the Platform. Payment for services is carried out by wire transfer of funds in the form of a 100% prepayment and is debited from the User's personal account, while the withdrawal of funds received to the User's personal account is not provided.
3.3. The Services are considered to have been provided properly and accepted by the User in full if, within 5 (Five) business days from the end of the calendar month of the provision of the relevant paid service, the Administration of the Platform has not received motivated written claims from the User.
3.4. The Administration of the Platform provides technical support to the User, including on issues related to the functionality of the Platform and the services provided, as well as the specifics of the operation of the Platform.
4. Rights and obligations of the parties.
4.1. Rights and obligations of the User.
4.1.1. The User undertakes not to take 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 Platform. The user is also obliged not to promote applications and services for earnings through the Platform.
4.1.2. The User is obliged to get acquainted with the current content of this Agreement posted at the address at least once a month https://upmob.ru/agreement .
4.1.3. The User undertakes not to grant (transfer) in whole or in part to third parties the rights he has received under this Agreement, not to sell, not to replicate, not to copy the Platform materials in whole or in part, not to alienate in any other way, including free of charge, without obtaining the prior written consent of the Platform Administration for all of the above actions.
4.1.4. The User undertakes not to transfer passwords and usernames used to access the Platform to third parties, to ensure the confidentiality of their storage. In case of unauthorized access to the username and password and/or user account, the User is obliged to immediately inform the Administration of the Platform.
4.1.5. The User has the right to access the Platform at any time, except for the time of preventive maintenance.
4.1.6. The User has the right to use the Platform within the limits of its functionality and under the conditions established by this Agreement.
4.1.7. The User has the right to deposit any amount of money in order to replenish the personal account on the Platform for subsequent use of the Platform's services.
4.1.8. The User has the right to change the password independently without notifying the Administration of the Platform.
4.1.9. The User has the right at any time to apply for the deletion of User information stored in the Platform. The account and User information stored on the Platform are deleted within 7 days from the date of receipt of the application. When deleting an account, the funds in the User's personal account are not refundable.
4.2. Rights and obligations of the Platform Administration.
4.2.1. The Administration of the Platform undertakes to ensure the safety of User data posted on the Platform within 1 (one) calendar year from the date of the User's last use of any of the Platform's services.
4.2.2. The Administration of the Platform has the right to suspend the operation of the Platform in order to carry out the necessary planned preventive and repair work on the technical resources of the Administration of the Platform, as well as unscheduled work in emergency situations, notifying the User, if technically possible, by posting relevant information on the website.
4.2.4. The Platform Administration has the right to interrupt the operation of the Platform if this is due to the inability to use information and transport channels that are not the Platform Administration's own resources, or the action and/or inaction of third parties if this directly affects the operation of the Platform, including in an emergency situation.
4.2.5. The Administration of the Platform has the right to update the content, functionality and user interface of the Platform at any time at its sole discretion.
4.2.6. The Administration of the Platform has the right to change the cost of services unilaterally.
4.2.7. The Administration of the Platform has the right to block and/or delete the User's account, including all information content of the User, without notifying the User and explaining the reasons in case of violation by the User of the terms of this Agreement.
5. The responsibility of the parties and the procedure for resolving disputes.
5.1. The Platform is provided to the User "as is" in accordance with the principle generally accepted in international practice. This means that the Platform Administration is not responsible for problems that arise during the update, support and operation of the Platform (including compatibility problems with other software products, as well as inconsistencies in the results of using the Platform with User expectations, etc.).
5.2. For violation of obligations under the Agreement, the Parties are responsible in accordance with the current legislation of the Russian Federation. At the same time, the responsibility of the Platform Administration to the User in case of a claim for damages is limited by the amount of the cost of the services paid by the User.
5.3. Neither Party is responsible for the complete or partial non-fulfillment of any of its obligations if the non-fulfillment is the result of force majeure circumstances that arose after the conclusion of the Agreement and are independent of the will of the Parties. In case of force majeure circumstances for more than 3 (Three) months, either Party has the right to unilaterally refuse to fulfill its obligations under this Agreement (terminate the Agreement).
5.4. Since the Platform is an object of intellectual property of the Platform Administration, liability for copyright infringement occurs in accordance with the current legislation of the Russian Federation.