End user license agreement

TERMS AND CONDITIONS

Version No. 2 dated April 08, 2019

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE WEBSITE. USE OF THE WEBSITE IS PERMITTED ONLY IN COMPLIANCE WITH THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO COMPLY WITH THE AGREEMENT BELOW.

1. General Statements

1.1. This User Agreement (hereinafter referred to as the/this Agreement) is offered by Eco-Vector LLC, OGRN 1099847039907, INN/KPP 7806423692/784101001, address: Aptekarskiy per, d. 3, lit. A,, office 1H, Saint-Petersburg, Russian Federation (hereinafter referred to as the Website Administration), to any person using the website located on the Internet at the address: https://eco-vector.com (hereinafter referred to as the Website), hereinafter referred to as the "User", in order to conclude an agreement as set forth below.

1.2. According to Paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this Agreement is an offer (a public offer). According to Article 438 of the Civil Code of the Russian Federation, acceptance of this Agreement is considered as performance of actions set forth in the Agreement. The Agreement concluded by accepting this offer does not require to be signed by both parties and is valid in electronic form.

1.3. Users have no right to enter into this Agreement if they have not reached sufficient age in accordance with current laws.

2. Terms and Definitions

In this Agreement, terms mentioned in this section will have the following meanings, unless otherwise specified:

2.1. Website Administration refers to Eco-Vector LLC, OGRN 1099847039907, INN/KPP 7806423692/784101001, address: Aptekarskiy per, d. 3, lit. A,, office 1H, Saint-Petersburg, Russian Federation, which has all rights related to the Website.

2.2. Website refers to a set of computer programs and other information contained in the information system accessed via the Internet and located at: https://eco-vector.com.

2.3. Offer refers to an offer to any person or organization to conclude an agreement on the terms and conditions set forth in this Agreement.

2.4.  Acceptance is the full and unconditional consent of an individual or organization to conclude an agreement on terms and conditions set forth in this Agreement. For the purposes of this Agreement, acceptance is considered as the start of using the Website by the User.

2.5.  User profile refers to a personal section of the Website which can be accessed by the User by entering the login and password of their account known only to them.

2.6.  Account refers to a set of User’s personal data which are used to identify them. The set of personal data processed by the Website Administration depends on user categories listed in the Personal Data Processing Policy.

2.7.  Content refers to any text, graphics, audio, video, and other materials posted on the Website.

3. Subject matter of the Agreement

3.1. The Website Administration grants the User a simple (non-exclusive) license to use the Website and its content subject to any provisions of this Agreement.

3.2. The Website Administration confirms that it has all exclusive rights for the Website.

3.3. By making an acceptance, the User confirms that they have read and understood this Agreement.

3.4. The text of this Agreement is posted on the Website. The Website Administration has right to change this Agreement at any time. Terms of this Agreement could be changed only by posting the document amended on the Website.        

4. Account registration

4.1. To use additional functions of the Website, the Web Visitor must pass a free account registration.

4.2. To register an account, Users shall provide their true, complete, and up-to-date data, as well as to indicate the login and password in the appropriate fields of the form posted on the Website.

4.3. The Website Administration reserves right to establish a process for confirming the account registration as well as to introduce requirements for User's login and password in order to ensure the account security.

4.4. The User is personally responsible for selecting a secure password which shall be resistant to burglary. The User shall also independently ensure confidentiality of this password. The User shall not disclose their login and password specified during registration, to third parties.

4.5. The User confirms that any actions performed under their account (including without limitation clicking to confirm consent to any agreements and rules) will be regarded as authorized by the User themself, unless proven otherwise.

4.6. The Website Administration reserves right to check data provided by the User for compliance with Clause 4.2. hereof. If the Website Administration considers data provided by the User to be inconsistent with clause 4.2. of this Agreement, the Website Administration reserves right not to provide the User with access to the User Profile and/or to block access to the User Profile.

5. Right and Obligations

5.1. The User has right:

• 5.1.1. To get 24/7 access to the Website, except the maintenance period.

• 5.1.2. To use the Website as defined by this Agreement.

5.2. The User:

• 5.2.1. Shall comply with this Agreement.

• 5.2.2. Shall not distribute any malicious software that damages, interferes with, catches, expropriates, or otherwise violates integrity of software or hardware systems associated with this Website, as well as or personal information of other Users.

• 5.2.3. Shall provide their information when registering an account on the Website, as well as to keep it up to date. The User confirms that the information provided by them complies with Clause 4.2. hereof.

• 5.2.4. Shall not copy, reproduce, republish, make transactions with Website contents, and shall not use the Website for activities which are similar to activities of the Website Administration.

• 5.2.5. Shall not upload, publish, or otherwise make available on the Website any information that violates current laws or is considered by the Website Administration to interfere rights and interests of other citizens and legal entities, or for other reasons is undesirable for posting on the Website, including information which not only violates intellectual property rights of third parties, but also contains threats, insults, discredit honor, dignity and business reputation, violates privacy of other Users (or third parties), contains obscene language, pornographic images, promotes and/or promotes incitement of racial, religious, or ethnic hatred or enmity, contains information of limited access, including state and commercial secrets.

• 5.2.6. Shall fulfill other obligations under this Agreement, as well as comply with all applicable laws and other regulatory acts when using the Website.

5.3. The Website Administration has right to:

• 5.3.1. Suspend access to or delete the User's account, as well as otherwise restrict use of the Website, if the Website Administration reasonably believe that the User is violating this Agreement.

• 5.3.2. Restrict use of the Website for certain categories of Users, depending on their location, language of the Website, the maximum size of information that can be uploaded by the User to the Website.

• 5.3.3. Delete or modify any information posted by the User on the Website, that violates current laws, rights, and interests of other citizens and legal entities, or is otherwise undesirable for posting on the Website.

• 5.3.4. Not to check the content of any information transmitted by the User via the Website.

• 5.3.5. Terminate this Agreement with the User and refuse to execute it if the User fails to comply with this Agreement.

• 5.3.6. Change the text of this Agreement unilaterally at any time.

5.4. The Website Administration:

• 5.4.1. Shall ensure 24/7 availability of the Site, except the Website maintenance period.

• 5.4.2. Shall not take any actions that may lead to impossibility of using the Website by the User.

6. Terms of Website use

6.1. The Website Administration grants the User a personal, worldwide, royalty-free, non-exclusive, limited, and non-assignable license to use the Website on terms and conditions set forth in this Agreement.

6.2. The Website Administration grants the User right to use the Website only for those purposes that do not contradict current laws. Unless otherwise provided by this Agreement, the User has no right to collect, copy, distribute, demonstrate, modify, use automatic devices, programs, or algorithms to get access to or copy any part of the Website, download any part of the Website, except for short-term downloading (caching) for using the Website.

6.3. The User has right to upload, publish, otherwise make information available on the Website, thereby providing the Website Administration with a royalty-free, non-exclusive, worldwide license to use such information for the term of exclusive rights. The Website Administration shall provide the User with reports on use of information posted by them.

6.4. The User is fully responsible for compliance of all information posted on the Site with applicable laws, including liability to third parties in cases where the User’s placement of such information on the Site or its content violates rights and legal interests of third parties. The Website Administration has right to edit (moderate) information posted by the User on the Website.

6.5. Terminating this Agreement will immediately terminate all licenses and rights to use the Website. Terminating this Agreement does not affect any obligations of the User to the Website Administration under this Agreement, and these obligations shall be reasonably maintained after termination of the Agreement.

7. Responsibility

7.1. The Website Administration makes every possible effort to ensure the Website operation, but it does not guarantee continued availability of the Website, smooth and timely provision, security, accuracy, and absence of errors when using the Website. In above mentioned cases, the User can only immediately stop using the Website.

7.2. The Website is provided to the User "as is", and the User use it at their own risk without any express or implied warranties from the Website Administration, including without limitation warranties or conditions of quality, performance, merchantability, or suitability for using the Website for other purposes. The Website Administration is responsible for culpable failure to perform or improper fulfillment of their obligations.

7.3. The Website Administration shall not have any contractual liability or shall not be responsible for any damage even if the Website Administration has been notified of possibility of these violations or damage associated with or resulting from use of the Website by the User, including damage resulted from:

• 7.3.1. Downloading data by the User or otherwise obtaining data via the Website. Recommendations received by the User orally or in writing from the Website Administration shall not be deemed as warranties.

• 7.3.2. Disclosure of User's account information to third parties with no fault of the Website Administration.     

• 7.3.3. Conducting maintenance work on the Website by the Website Administration with suspending the Website.

• 7.3.4. Circumstances provided for in Section 8 hereof.

• 7.3.5. Actions (inaction) of other Users.

7.4. The User is responsible if they fail to perform or improperly perform their obligations. If any person takes legal actions against the Website Administration due to the User violating this Agreement and/or rights of such a person, including violation of exclusive rights, the User shall enter legal proceedings as a third party, provide appropriate compensation, and defend the Website Administration from damage compensation to such a third party.

8. Force Majeure

8.1. Under this Agreement, if we are unable to ensure using the Website due to force majeure, this shall not be considered as a violation of our obligations to the User.

8.2. Force majeure include circumstances beyond the control of the Website Administration that directly or indirectly affect its ability to execute this Agreement, which could not be foreseen or avoided, including shutdown of power, Internet, telecommunications, any other equipment failures, earthquakes, floods, fires and other natural disasters, actions of state or municipal authorities, including decisions of domestic/foreign courts or tribunals, third party failure to execute obligations, and other reasons.

9. Claims and Notices

9.1. If any disputes arise between the Website Administration and the User resulting from this Agreement, they shall be settled using the claim settlement procedure.

9.2. The User has right to send a written valid claim to the Website Administration if they consider the Website Administration to violate this Agreement.

If the User cannot be identified, claims are not considered by the Website Administration.

9.3. The Website Administration has right to send a written valid claim to the User if the Website Administration consider them to violate this Agreement.

9.4. The claim shall be considered within 30 (thirty) days from the date of its receipt by the respondent.

9.5. In case of failure to resolve disputes arising from this Agreement using the claim settlement procedure, disputes are subject to be considered by the court at place of location of the Website Administration.

10. Newsletters

10.1. The Website Administration respects each User’s right to receive only those messages which they have permitted. When sending such messages, the Website Administration comply with the Policy for notifications and advertising information posted at the Website.

11. Final Provisions

11.1. This Agreement concluded between the Website Administration and the User fully regulates use of the Website by the User, including all functions and services of the Website, replacing any previous written or oral agreements regarding the content of this document. As the Website is intended for free use, the Law of the Russian Federation N 2300-I On Protection of Consumer Rights dated February 7, 1992, shall not be applied to relations between the Website Administration and the User.

11.2. Considering principles of equality and independence of parties, no labor, agency, partnership relations other than relations for use of the Website shall be established between the Website Administration and the User by this Agreement. The listed relations, as well as any others, shall be established between the website Administration and the User by separate agreements.

11.3. If any provision of this Agreement, or part thereof, is found to be unenforceable by any judicial or administrative authority having proper jurisdiction, such provision or part thereof shall be removed from this Agreement without any prejudice to eligibility, effectiveness, enforceability of the remaining provisions of this Agreement.

11.4. If the Website Administration fails or delays to execute legal interests or claims for damages under this Agreement, this does not mean that the Website Administration refuses its rights.

11.5. The Website Administration reserves right to make changes to this Agreement. Changes come into force from the date of publication on the Website. The User hereby acknowledges and agrees that using the Website after changing this Agreement automatically means that the User agrees with the changes made.

11.6. The titles of sections hereof are for reference only and do not define, limit, or interpret the content of the respective section in any way.

11.7. This Agreement is subject to the legislation of the Russian Federation.

11.8. This Agreement is drawn up in Russian.

Eco-Vector LLC, OGRN 1099847039907, INN 7806423692