User agreement
License agreement - offer
This Offer contains the terms and conditions of the License Agreement for the use of the software product "Web-constructor PlanPlace", designed for 3D online design (hereinafter - the Agreement), and is a public offer on behalf of the Licensor to conclude the Agreement in accordance with Art. 437 of the Civil Code of the Russian Federation.
Purchase of any tariff plan on the website planplace.online is recognized as an acceptance of the offer in accordance with Art. 438 of the Civil Code of the Russian Federation, and means the Licensee's unconditional acceptance of all the terms of the Agreement without any exceptions or limitations on the terms of accession.
Before using the software product "Web-constructor PlanPlace" (hereinafter - the Software) the Licensee should read this Offer. In case of disagreement with the terms and conditions of the Agreement set forth in the Offer, in whole or in any part thereof, the Licensee shall refrain from acquiring the right to use the Software.
1. TERMS AND DEFINITIONS
For the purposes of the Agreement, the following terms are used with the following meanings:
1.1 Offer - a public offer of the Licensor addressed to any person to conclude this license agreement (hereinafter referred to as the Agreement) with the Licensor.
1.2 Acceptance - full and unconditional acceptance of the terms and conditions of the Agreement by the Licensee.
1.3 Licensor - IE Panteleev Victor Andreyevich (OGRNIP 320595800025272; Legal address: 614104, Perm, Generala Chernyakhovskogo Street, 90, sq. 45), who has concluded the Agreement on granting rights to use the Software (license) with the Licensee.
1.4. Licensee - an individual or legal entity that has accepted this Offer, represented by its representative acting on behalf of this legal entity when interacting with the Licensor.
1.5 License - a non-exclusive right to use a copy of the Software for your own use under the name designated by Licensor, without the right to modify or otherwise process it, without the right to distribute it.
1.6 Parties(s) - the Licensor and (or) the Licensee.
1.7. Internet site - https://planplace.online. 1.8.
1.8. Website Materials / Materials - all text, graphic materials placed on the Website and being the objects of intellectual property, as well as the design and arrangement of the said materials (design).
1.9. Personal Cabinet - a personal page of the Licensee, through which access to the configuration of the Software is provided.
1.10. Credentials - the contact information through which the Licensee is contacted, other data specified by the Licensee during the Registration process.
1.11. Registration - the process of creating a new account for the Licensee in order to gain access to the personal account by entering the Credentials into the registration form on the Website.
11.12. Authentication Data - the Licensee's unique login and password for access to the Personal Account.
1.13. Paid Period - a period of Software or services provision on a reimbursable basis, equal to the period for which payment has been received.
1.14. Test Period - a period during which the Software is provided free of charge.
1.15. Fee Schedule - a number of ways of using the Software defined by the Licensor, grouped in offers of different price categories. The description of the Tariff Plans is indicated on the website.
1.16. Additional Service is a service that is not necessary but can be provided by Licensor for an additional fee if the Licensee wishes.
1.17. Additional Subscription is a special Additional Service, which is not mandatory, offered by the Licensor to the Licensee during the period of provision of the Software on a reimbursable basis equal to the period for which payment has been received.
1.18. Advertising Service - information distributed by the Licensor about the company, products, offers of the Licensee or other persons, not contrary to the Federal Law of 24.06.2023 № 274-FZ, addressed to an indefinite circle of persons and aimed at attracting attention to the object of advertising, formation or maintenance of interest to it and its promotion in the market. Advertisements may be placed on the website, in the Personal Cabinet, in the demo version of the Software or other sites owned by the Licensor.
1.19. Software / Software is the product "Web-constructor PlanPlace".
2. SUBJECT OF THE AGREEMENT
2.1 The Licensor undertakes to provide the Licensee with the right to use the software "Web-constructor PlanPlace" (a simple (non-exclusive) license), as well as additional services regulated by a certain Tariff plan.
2.2 The Licensee is entitled to exercise the right to use the Software on the territory of any state where there is no direct ban on the use of a certain type of Software, as well as a ban on the use of certain domain zones.
2.3 The Software, including all of its components, is an intellectual property object of Licensor and is protected by the laws of the Russian Federation and international agreements in the field of intellectual property. Violation of the Software integrity, violation of the Software protection systems, copying of the Software source code or its components in whole or in part, as well as other actions violating the Licensor's exclusive rights to the Software are not allowed. The Licensee bears civil, administrative or criminal liability in accordance with the legislation of the Russian Federation, including the obligation to execute a court decision at the request of the Licensor or the right holder to recognize the right, to stop actions that violate the right or threaten to violate it, to compensate for losses, to publish the court decision on the violation with the indication of the actual right holder, to compensate for losses or to pay compensation.
2.4 The trademark "PlanPlace", "PlanPlace", as well as any forms of its spelling, as well as the logo, belongs to the Licensor on the basis of the certificate № 968210 and is protected by the law of the Russian Federation from 23.09.1992 N 3520-1 and can not be used by the Licensee or other persons without the consent of the Licensor. The Licensee bears civil, administrative or criminal liability in accordance with the legislation of the Russian Federation, including the obligation to execute a court decision at the request of the Licensor or the right holder to recognize the right, to stop actions that violate the right or threaten to violate it, to compensate for losses, to publish the court decision on the violation with the indication of the actual right holder, to compensate for losses or pay compensation.
2.5 Within the framework of this offer only the functionality and services are provided that were declared on the website https://planplace.online at the time of payment by the Licensee for the license to use the Software. Licensor does not provide any additional services, any data manipulations (unloading from the system, data export, data modification), enhancements offered by the Licensee, functions not described on the website https://planplace.online.
2.6 Within the framework of a separate agreement, the Licensor may, at the Licensee's request, install/integrate, configure, modify the Software itself or through its authorized representative for a separate fee.
3. PROCEDURE FOR GRANTING RIGHTS TO THE SOFTWARE
3.1 The general (corresponding to all Fee Schedules) procedure for granting rights to the Software within the Fee Period:
3.1.1 The right to use the Software is granted to the Licensee within 1 (one) business day from the moment the Licensee fulfills its payment obligations in accordance with the terms of the Agreement. From the moment of payment the purchase of a simple (non-exclusive) license for the Software shall be deemed agreed.
3.1.2 The fact of granting the Licensee the right to use the Software is confirmed by sending the Authentication Data for access to the copy of the Software placed on the Internet server via electronic communication. After granting the right to use the Software, the Paid Period begins, the beginning of the next Paid Period is calculated from the date of receipt of payment from the Licensee in accordance with the terms of the Agreement.
3.1.3 The Licensee shall check the name, configuration and other data concerning the granted rights to use the Software at the moment of granting the said rights. If there are no claims regarding the name, configuration, other data concerning the granted rights within 7 (seven) days from the date of receipt of the Authentication Data, the fact of transferring the rights to use the Software to the Licensee shall be deemed fulfilled.
3.2 If the Licensee fails to comply with the rules of operation of the Software recommended by the Licensor or the Licensor's recommendations on the use of the Software when checking the name, configuration, other data concerning the granted rights to use the Software, the Licensor's obligations to transfer the rights to use the Software shall be deemed fulfilled after 7 (seven) days from the date of receipt of the Authentication Data by the Licensee.
4. COST OF THE AGREEMENT, PROCEDURE OF PAYMENTS AND ACCEPTANCE OF RIGHTS
4.1 The cost of the right to use the Software (simple (non-exclusive) license) is set depending on the Tariff plan and the term of the Pay period. The cost is indicated in the description of the Tariff plans on the Website.
4.2 The cost of Additional Services is set depending on the name of the Additional Service. The cost is indicated when describing the Additional Services on the Website.
4.3 The cost of Additional Subscriptions is set depending on the name of the Additional Subscription and the term of the Paid Period. The cost is indicated when describing the Additional Subscriptions on the Website.
4.4 The cost of Advertising placement is set depending on the place of placement, placement format and the term of the Paid period. The cost is specified in the description of the Service of Advertising placement on the Website.
4.5 Payment under the Agreement shall be made in the order of 100% prepayment. Payment shall be made within 5 (five) business days from the date of invoicing, in accordance with the terms of Section 3 of this Agreement.
4.6 If the invoice received by the Licensee is not paid within the specified term and the price of the Tariff plan indicated on the Internet site changes, the Licensee is obliged to pay the new price, otherwise the Agreement shall be deemed not concluded.
4.7 The moment when the Licensee fulfills its payment obligation is the date of receipt of funds in full on the Licensor's settlement account.
4.8 The Licensee - a natural person, is given the opportunity to make payment under the Agreement through other payment systems. Information about payment options is posted by the Licensor on the website or provided upon the Licensee's request.
4.9 In case of early termination of the Agreement for any reason, the amount of the prepayment made shall not be refunded to the Licensee.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1 The Licensee undertakes:
5.1.1 Provide true data during Registration.
5.1.2. To familiarize with the User Manual published on the Internet site.
5.1.3. take all necessary measures to keep the Authentication Data secret, not to transfer it to third parties, not to allow third parties to access the Personal Account using the Authentication Data.
5.1.4 Do not take actions aimed at disrupting the operation of the Software, obtaining unauthorized access to the Software, source code, as well as any data located on the Internet site.
5.1.5. Use the Software according to its functional purpose and only within the limits of those rights and in the ways provided by the Agreement.
5.1.6. to make payment under the Agreement in accordance with the terms and conditions of the Agreement.
5.2 The Licensee has the right:
5.2.1 Receive from the Licensor technical support and consultations related to the use of the Software in accordance with the terms of the Agreement.
5.2.2. to customize the Software within the functionality of the personal cabinet of the Software.
5.4 The Licensor undertakes to:
5.4.1 Qualitatively and in good faith grant the right to use the Software under the terms and conditions of the Agreement.
5.4.2 Take all necessary measures to protect and keep the Licensee's Authentication/Account data secret from third parties.
5.4.3 Correct the errors detected by the Licensee as soon as possible. The parties agree that the exact time for error correction cannot be determined because the Software interacts closely with other third-party programs, the operating system and hardware resources of Licensee's computers, and that the operability and time for correcting problems are not entirely dependent on Licensor alone.
5.4.4 Inform the Licensee of the new price of the Paid Period by publishing a new Price List on the website at least seven (7) business days prior to the effective date of the new Price List.
5.4.5 Provide the Licensee with the right to use the Software within 3 (three) business days after the Licensee has fulfilled its payment obligations.
5.4.6 Provide the right to use the Software on a daily basis and around the clock, except for the time of preventive measures.
5.5 The Licensor has the right:
5.5.1 Make changes and improvements to the functional part and (or) design of the Software at any time without notice to the Licensee.
5.5.2 Back up the Licensee's data to prevent loss of information.
5.5.3 Involve third parties, if necessary, in order to comply with the terms and conditions of the Agreement.
5.5.4 If the Licensee violates one or more of the terms of the Agreement, suspend the right to use the Software and disable the Licensee's access to the Personal Account with all the Licensee's data stored on the Server for the period until the violation of the Agreement is eliminated or until the Agreement is terminated.
5.5.4 Refuse to grant a license for the Software, provide additional services, including advertising services without explaining the reason.
5.5.6. Upon expiration of 1 (one) calendar month from the date of termination of the Agreement or in case of non-payment of the next Paid Period, delete the Licensee's account and all the Licensee's data without the possibility to restore them.
5.5.7 Carry out preventive maintenance on the Server and suspend the operation of the website where the Software is located to carry out such preventive maintenance. If possible, the Licensor performs preventive maintenance and suspends the operation of the site where the Software is located at night (for GMT+03 time zone) or on weekends.
5.5.8 Make changes to the terms and conditions of the Agreement by publishing an updated version of the Agreement on the website. The updated version of the Agreement shall enter into force upon expiration of 7 (seven) calendar days from the date of its publication.
6. TECHNICAL SUPPORT
6.1 From the moment the Agreement is concluded, the Licensee gets an opportunity to use the Licensor's technical support services during the validity of the active Tariff plan. Technical support provides for the elimination of errors in the Software operation and does not cover the Licensee's proposals to expand the Software functionality.
6.2 Technical support is provided during the Software usage period on a weekly basis from Monday to Friday (except for non-working holidays established by the Government of the Russian Federation) from 10:00 to 18:00 Moscow time (GMT+03).
6.3 Creation of additional functionality for the used Software at the request of the Licensee is not within the scope of the Agreement.
6.4 All provisions of this section are valid only during the paid period of the Software use.
6.5 All communications between the Licensee and the Licensor within the framework of Technical Support are carried out via e-mail to support@planplace.ru with the full Internet address of the personal account, a description of the problem and a screenshot showing the problem. There are no telephone calls to the Licensor for technical support.
6.6 Licensor reserves the right to ask for clarification of information upon request in cases when the information specified in the request will be insufficient to fulfill the Licensee's request. In this case, the Licensee undertakes to provide all necessary information.
7. LIABILITY
7.1 The Parties shall be liable for violation of the terms and conditions of the Agreement in accordance with the applicable laws of the Russian Federation.
7.2 The Licensor is not responsible for delays, interruptions and impossibility of full use of the Licensor's own resources, occurring directly or indirectly due to the action or inaction of third parties and/or inoperability of information channels outside the Licensor's own resources.
7.3 The Licensee agrees that to work with the Software the Licensee shall use licensed software (web browsers, operating systems, etc.) and certified equipment (personal computers, network equipment, etc.) according to the recommended technical requirements. The Parties acknowledge the fact that the Licensor is not responsible for the quality of the Licensee's software and equipment.
7.4 The Licensor shall not be liable for any lost profits and lost profits, as well as for any indirect losses incurred by the Licensee during the period of use or non-use of the Software, including during the period of technical interruptions.
7.5 Licensor is not liable for the loss of Authentication Data by the Licensee, and is not liable for any direct or indirect damages incurred by the Licensee due to the access to the Personal Account by third parties as a result of the loss of Authentication Data by the Licensee or its theft by third parties.
7.6 Licensor is not responsible for malfunctions of the Software provided to the Licensee if such malfunctions are due to incorrect operation of the operating system, web browser and other programs used on the Licensee's computer and other Internet servers.
7.7 Any liability of the Licensor, regardless of the grounds for its occurrence, will be limited to the amount paid by the Licensee in consideration of the Licensor's remuneration for granting the rights to use the Software for the last Fee Period under the Agreement.
7.8 The Licensee is independently liable for possible losses incurred as a result of loss or theft by third parties of the Credentials specified by the Licensee during Registration, as well as Authentication Data.
7.9 The Licensee is solely responsible for compliance with the requirements of the current legislation of the Russian Federation, as well as all rights and legitimate interests of third parties when using the Software.
7.10. In case of third parties' claims against Licensor caused by Licensee's unlawful actions when using the Software, Licensee independently settles the disputes and bears independent responsibility to the said parties.
7.11. In case of non-payment of the invoice within the specified term, the Licensor has the right to disconnect the Licensee from access to the system until the debt is paid in full. In this case, the Licensor undertakes to keep the information entered on its server for 1 (one) month from the date of arrears of payment.
8. INTELLECTUAL PROPERTY AND COPYRIGHTS
8.1 The Licensor or the respective right holders own the rights to use the Materials of the Internet site in any way not contrary to the law (exclusive rights). Any use of the Website Materials without the written permission of the Licensor or the right holders is prohibited.
8.2 The Licensee grants the Licensor the right to use the company name and trademark of the Licensee in any form and on any medium, including in the Licensor's advertising materials, as well as on the Internet, solely to indicate the Licensee as a user of the Software for the purposes of advertising and promotion of the Software on the market.
9. CONFIDENTIALITY
9.1 The Parties agree that all information that has become known to the Parties in the course of execution of this Agreement shall be confidential and shall not be disclosed unless agreed to by the other Party in writing, unless such information must be disclosed for legal reasons and reasonable demands of competent governmental authorities in accordance with the laws of the Russian Federation.
9.2 By accepting the terms and conditions of the Agreement, the Licensee consents to the collection and processing of its personal data (full name, e-mail, contact phone numbers). The Licensee confirms that the data entered are correct and reliable, expresses full and unconditional consent to the use of personal data by the Licensor to send advertising and informational messages to the specified cell phone, send e-mails to the specified electronic address (e-mail) to inform about new services, promotions, events, discounts; conduct absentee surveys to study the opinion about the services; receive from the Licensee any information related to the performance of the Parties' rights and obligations. In order to unsubscribe from sending advertising and information messages, the Licensee should send a written request to the Licensor's e-mail address.
9.3 The Licensor undertakes to maintain confidentiality of the Licensee's contact data and to prevent unauthorized use of the Licensee's data by third parties.
9.4 When paying for the selected Tariff, the Licensee - a natural person indicates the bank card details, as well as the surname, first name and patronymic of the bank card holder in the online form provided by the payment system (clause 4.5 of this Agreement). Personal data is sent directly to the payment system and is not processed by the Licensor.
10. TERM OF VALIDITY AND PROCEDURE OF TERMINATION OF THE AGREEMENT
10.1 The Agreement enters into force from the moment of full and unconditional acceptance of this Agreement by the Licensee in the form of payment for any Tariff plan on the Website and is valid during the Paid Period.
10.2 The Agreement may be terminated in the following cases:
10.2.1. By agreement of the Parties.
10.2.2. Upon expiration of the Paid Period paid by the Licensee.
10.2.3. unilaterally by the Licensee in case of repeated violation by the Licensor of its obligations under the Agreement, with the obligatory sending of a claim to the Licensor indicating the facts of violation by the Licensor of its obligations under the Agreement not later than 10 (ten) working days before the termination of the Agreement.
10.2.4. unilaterally by the Licensor in case of repeated breach by the Licensee of its obligations under the Agreement, with the obligatory sending of a claim to the Licensee indicating the facts of the Licensee's breach of obligations under the Agreement not later than 10 (ten) working days before the termination of the Agreement.
10.3 Upon termination of this Agreement, the rights and obligations of the Parties shall cease.
10.4 Termination of this Agreement shall not relieve the Parties from responsibility for its violation.
10.5 In case of termination of the Contract before the end of the current Pay Period, the Parties shall be obliged to repay all outstanding obligations under the Contract for the current Pay Period.
11. OTHER CONDITIONS
11.1 The legislation of the Russian Federation shall apply to the provisions of the Contract. Issues not regulated by the Contract shall be resolved in accordance with the legislation of the Russian Federation.
11.2 Should any part of the Contract be recognized as invalid and unenforceable, the remaining parts of the Contract shall remain valid and enforceable.
11.3 All disputes arising in connection with the use of the Software shall be settled by the Licensee and the Licensor in a pre-trial procedure through negotiations. If it is impossible to reach an agreement in the pre-trial order, disputes between the Licensee and the Licensor shall be considered in a judicial body at the location of the Licensor.
11.4 Current correspondence between the Licensee and the Licensor, as well as the sending of messages and notifications shall be carried out on the part of the Licensee - from the e-mail address specified during Registration, on the part of the Licensor - from the address support@planplace.ru, or other e-mail address located in the domain zone planplace.ru.
11.5 This Agreement is a public offer in accordance with Article 435 of the Civil Code of the Russian Federation, is not subject to signing by the Parties and comes into effect from the date of its acceptance by the Licensee in the form of payment by the Licensee for the selected Tariff plan.
Purchase of any tariff plan on the website planplace.online is recognized as an acceptance of the offer in accordance with Art. 438 of the Civil Code of the Russian Federation, and means the Licensee's unconditional acceptance of all the terms of the Agreement without any exceptions or limitations on the terms of accession.
Before using the software product "Web-constructor PlanPlace" (hereinafter - the Software) the Licensee should read this Offer. In case of disagreement with the terms and conditions of the Agreement set forth in the Offer, in whole or in any part thereof, the Licensee shall refrain from acquiring the right to use the Software.
1. TERMS AND DEFINITIONS
For the purposes of the Agreement, the following terms are used with the following meanings:
1.1 Offer - a public offer of the Licensor addressed to any person to conclude this license agreement (hereinafter referred to as the Agreement) with the Licensor.
1.2 Acceptance - full and unconditional acceptance of the terms and conditions of the Agreement by the Licensee.
1.3 Licensor - IE Panteleev Victor Andreyevich (OGRNIP 320595800025272; Legal address: 614104, Perm, Generala Chernyakhovskogo Street, 90, sq. 45), who has concluded the Agreement on granting rights to use the Software (license) with the Licensee.
1.4. Licensee - an individual or legal entity that has accepted this Offer, represented by its representative acting on behalf of this legal entity when interacting with the Licensor.
1.5 License - a non-exclusive right to use a copy of the Software for your own use under the name designated by Licensor, without the right to modify or otherwise process it, without the right to distribute it.
1.6 Parties(s) - the Licensor and (or) the Licensee.
1.7. Internet site - https://planplace.online. 1.8.
1.8. Website Materials / Materials - all text, graphic materials placed on the Website and being the objects of intellectual property, as well as the design and arrangement of the said materials (design).
1.9. Personal Cabinet - a personal page of the Licensee, through which access to the configuration of the Software is provided.
1.10. Credentials - the contact information through which the Licensee is contacted, other data specified by the Licensee during the Registration process.
1.11. Registration - the process of creating a new account for the Licensee in order to gain access to the personal account by entering the Credentials into the registration form on the Website.
11.12. Authentication Data - the Licensee's unique login and password for access to the Personal Account.
1.13. Paid Period - a period of Software or services provision on a reimbursable basis, equal to the period for which payment has been received.
1.14. Test Period - a period during which the Software is provided free of charge.
1.15. Fee Schedule - a number of ways of using the Software defined by the Licensor, grouped in offers of different price categories. The description of the Tariff Plans is indicated on the website.
1.16. Additional Service is a service that is not necessary but can be provided by Licensor for an additional fee if the Licensee wishes.
1.17. Additional Subscription is a special Additional Service, which is not mandatory, offered by the Licensor to the Licensee during the period of provision of the Software on a reimbursable basis equal to the period for which payment has been received.
1.18. Advertising Service - information distributed by the Licensor about the company, products, offers of the Licensee or other persons, not contrary to the Federal Law of 24.06.2023 № 274-FZ, addressed to an indefinite circle of persons and aimed at attracting attention to the object of advertising, formation or maintenance of interest to it and its promotion in the market. Advertisements may be placed on the website, in the Personal Cabinet, in the demo version of the Software or other sites owned by the Licensor.
1.19. Software / Software is the product "Web-constructor PlanPlace".
2. SUBJECT OF THE AGREEMENT
2.1 The Licensor undertakes to provide the Licensee with the right to use the software "Web-constructor PlanPlace" (a simple (non-exclusive) license), as well as additional services regulated by a certain Tariff plan.
2.2 The Licensee is entitled to exercise the right to use the Software on the territory of any state where there is no direct ban on the use of a certain type of Software, as well as a ban on the use of certain domain zones.
2.3 The Software, including all of its components, is an intellectual property object of Licensor and is protected by the laws of the Russian Federation and international agreements in the field of intellectual property. Violation of the Software integrity, violation of the Software protection systems, copying of the Software source code or its components in whole or in part, as well as other actions violating the Licensor's exclusive rights to the Software are not allowed. The Licensee bears civil, administrative or criminal liability in accordance with the legislation of the Russian Federation, including the obligation to execute a court decision at the request of the Licensor or the right holder to recognize the right, to stop actions that violate the right or threaten to violate it, to compensate for losses, to publish the court decision on the violation with the indication of the actual right holder, to compensate for losses or to pay compensation.
2.4 The trademark "PlanPlace", "PlanPlace", as well as any forms of its spelling, as well as the logo, belongs to the Licensor on the basis of the certificate № 968210 and is protected by the law of the Russian Federation from 23.09.1992 N 3520-1 and can not be used by the Licensee or other persons without the consent of the Licensor. The Licensee bears civil, administrative or criminal liability in accordance with the legislation of the Russian Federation, including the obligation to execute a court decision at the request of the Licensor or the right holder to recognize the right, to stop actions that violate the right or threaten to violate it, to compensate for losses, to publish the court decision on the violation with the indication of the actual right holder, to compensate for losses or pay compensation.
2.5 Within the framework of this offer only the functionality and services are provided that were declared on the website https://planplace.online at the time of payment by the Licensee for the license to use the Software. Licensor does not provide any additional services, any data manipulations (unloading from the system, data export, data modification), enhancements offered by the Licensee, functions not described on the website https://planplace.online.
2.6 Within the framework of a separate agreement, the Licensor may, at the Licensee's request, install/integrate, configure, modify the Software itself or through its authorized representative for a separate fee.
3. PROCEDURE FOR GRANTING RIGHTS TO THE SOFTWARE
3.1 The general (corresponding to all Fee Schedules) procedure for granting rights to the Software within the Fee Period:
3.1.1 The right to use the Software is granted to the Licensee within 1 (one) business day from the moment the Licensee fulfills its payment obligations in accordance with the terms of the Agreement. From the moment of payment the purchase of a simple (non-exclusive) license for the Software shall be deemed agreed.
3.1.2 The fact of granting the Licensee the right to use the Software is confirmed by sending the Authentication Data for access to the copy of the Software placed on the Internet server via electronic communication. After granting the right to use the Software, the Paid Period begins, the beginning of the next Paid Period is calculated from the date of receipt of payment from the Licensee in accordance with the terms of the Agreement.
3.1.3 The Licensee shall check the name, configuration and other data concerning the granted rights to use the Software at the moment of granting the said rights. If there are no claims regarding the name, configuration, other data concerning the granted rights within 7 (seven) days from the date of receipt of the Authentication Data, the fact of transferring the rights to use the Software to the Licensee shall be deemed fulfilled.
3.2 If the Licensee fails to comply with the rules of operation of the Software recommended by the Licensor or the Licensor's recommendations on the use of the Software when checking the name, configuration, other data concerning the granted rights to use the Software, the Licensor's obligations to transfer the rights to use the Software shall be deemed fulfilled after 7 (seven) days from the date of receipt of the Authentication Data by the Licensee.
4. COST OF THE AGREEMENT, PROCEDURE OF PAYMENTS AND ACCEPTANCE OF RIGHTS
4.1 The cost of the right to use the Software (simple (non-exclusive) license) is set depending on the Tariff plan and the term of the Pay period. The cost is indicated in the description of the Tariff plans on the Website.
4.2 The cost of Additional Services is set depending on the name of the Additional Service. The cost is indicated when describing the Additional Services on the Website.
4.3 The cost of Additional Subscriptions is set depending on the name of the Additional Subscription and the term of the Paid Period. The cost is indicated when describing the Additional Subscriptions on the Website.
4.4 The cost of Advertising placement is set depending on the place of placement, placement format and the term of the Paid period. The cost is specified in the description of the Service of Advertising placement on the Website.
4.5 Payment under the Agreement shall be made in the order of 100% prepayment. Payment shall be made within 5 (five) business days from the date of invoicing, in accordance with the terms of Section 3 of this Agreement.
4.6 If the invoice received by the Licensee is not paid within the specified term and the price of the Tariff plan indicated on the Internet site changes, the Licensee is obliged to pay the new price, otherwise the Agreement shall be deemed not concluded.
4.7 The moment when the Licensee fulfills its payment obligation is the date of receipt of funds in full on the Licensor's settlement account.
4.8 The Licensee - a natural person, is given the opportunity to make payment under the Agreement through other payment systems. Information about payment options is posted by the Licensor on the website or provided upon the Licensee's request.
4.9 In case of early termination of the Agreement for any reason, the amount of the prepayment made shall not be refunded to the Licensee.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1 The Licensee undertakes:
5.1.1 Provide true data during Registration.
5.1.2. To familiarize with the User Manual published on the Internet site.
5.1.3. take all necessary measures to keep the Authentication Data secret, not to transfer it to third parties, not to allow third parties to access the Personal Account using the Authentication Data.
5.1.4 Do not take actions aimed at disrupting the operation of the Software, obtaining unauthorized access to the Software, source code, as well as any data located on the Internet site.
5.1.5. Use the Software according to its functional purpose and only within the limits of those rights and in the ways provided by the Agreement.
5.1.6. to make payment under the Agreement in accordance with the terms and conditions of the Agreement.
5.2 The Licensee has the right:
5.2.1 Receive from the Licensor technical support and consultations related to the use of the Software in accordance with the terms of the Agreement.
5.2.2. to customize the Software within the functionality of the personal cabinet of the Software.
5.4 The Licensor undertakes to:
5.4.1 Qualitatively and in good faith grant the right to use the Software under the terms and conditions of the Agreement.
5.4.2 Take all necessary measures to protect and keep the Licensee's Authentication/Account data secret from third parties.
5.4.3 Correct the errors detected by the Licensee as soon as possible. The parties agree that the exact time for error correction cannot be determined because the Software interacts closely with other third-party programs, the operating system and hardware resources of Licensee's computers, and that the operability and time for correcting problems are not entirely dependent on Licensor alone.
5.4.4 Inform the Licensee of the new price of the Paid Period by publishing a new Price List on the website at least seven (7) business days prior to the effective date of the new Price List.
5.4.5 Provide the Licensee with the right to use the Software within 3 (three) business days after the Licensee has fulfilled its payment obligations.
5.4.6 Provide the right to use the Software on a daily basis and around the clock, except for the time of preventive measures.
5.5 The Licensor has the right:
5.5.1 Make changes and improvements to the functional part and (or) design of the Software at any time without notice to the Licensee.
5.5.2 Back up the Licensee's data to prevent loss of information.
5.5.3 Involve third parties, if necessary, in order to comply with the terms and conditions of the Agreement.
5.5.4 If the Licensee violates one or more of the terms of the Agreement, suspend the right to use the Software and disable the Licensee's access to the Personal Account with all the Licensee's data stored on the Server for the period until the violation of the Agreement is eliminated or until the Agreement is terminated.
5.5.4 Refuse to grant a license for the Software, provide additional services, including advertising services without explaining the reason.
5.5.6. Upon expiration of 1 (one) calendar month from the date of termination of the Agreement or in case of non-payment of the next Paid Period, delete the Licensee's account and all the Licensee's data without the possibility to restore them.
5.5.7 Carry out preventive maintenance on the Server and suspend the operation of the website where the Software is located to carry out such preventive maintenance. If possible, the Licensor performs preventive maintenance and suspends the operation of the site where the Software is located at night (for GMT+03 time zone) or on weekends.
5.5.8 Make changes to the terms and conditions of the Agreement by publishing an updated version of the Agreement on the website. The updated version of the Agreement shall enter into force upon expiration of 7 (seven) calendar days from the date of its publication.
6. TECHNICAL SUPPORT
6.1 From the moment the Agreement is concluded, the Licensee gets an opportunity to use the Licensor's technical support services during the validity of the active Tariff plan. Technical support provides for the elimination of errors in the Software operation and does not cover the Licensee's proposals to expand the Software functionality.
6.2 Technical support is provided during the Software usage period on a weekly basis from Monday to Friday (except for non-working holidays established by the Government of the Russian Federation) from 10:00 to 18:00 Moscow time (GMT+03).
6.3 Creation of additional functionality for the used Software at the request of the Licensee is not within the scope of the Agreement.
6.4 All provisions of this section are valid only during the paid period of the Software use.
6.5 All communications between the Licensee and the Licensor within the framework of Technical Support are carried out via e-mail to support@planplace.ru with the full Internet address of the personal account, a description of the problem and a screenshot showing the problem. There are no telephone calls to the Licensor for technical support.
6.6 Licensor reserves the right to ask for clarification of information upon request in cases when the information specified in the request will be insufficient to fulfill the Licensee's request. In this case, the Licensee undertakes to provide all necessary information.
7. LIABILITY
7.1 The Parties shall be liable for violation of the terms and conditions of the Agreement in accordance with the applicable laws of the Russian Federation.
7.2 The Licensor is not responsible for delays, interruptions and impossibility of full use of the Licensor's own resources, occurring directly or indirectly due to the action or inaction of third parties and/or inoperability of information channels outside the Licensor's own resources.
7.3 The Licensee agrees that to work with the Software the Licensee shall use licensed software (web browsers, operating systems, etc.) and certified equipment (personal computers, network equipment, etc.) according to the recommended technical requirements. The Parties acknowledge the fact that the Licensor is not responsible for the quality of the Licensee's software and equipment.
7.4 The Licensor shall not be liable for any lost profits and lost profits, as well as for any indirect losses incurred by the Licensee during the period of use or non-use of the Software, including during the period of technical interruptions.
7.5 Licensor is not liable for the loss of Authentication Data by the Licensee, and is not liable for any direct or indirect damages incurred by the Licensee due to the access to the Personal Account by third parties as a result of the loss of Authentication Data by the Licensee or its theft by third parties.
7.6 Licensor is not responsible for malfunctions of the Software provided to the Licensee if such malfunctions are due to incorrect operation of the operating system, web browser and other programs used on the Licensee's computer and other Internet servers.
7.7 Any liability of the Licensor, regardless of the grounds for its occurrence, will be limited to the amount paid by the Licensee in consideration of the Licensor's remuneration for granting the rights to use the Software for the last Fee Period under the Agreement.
7.8 The Licensee is independently liable for possible losses incurred as a result of loss or theft by third parties of the Credentials specified by the Licensee during Registration, as well as Authentication Data.
7.9 The Licensee is solely responsible for compliance with the requirements of the current legislation of the Russian Federation, as well as all rights and legitimate interests of third parties when using the Software.
7.10. In case of third parties' claims against Licensor caused by Licensee's unlawful actions when using the Software, Licensee independently settles the disputes and bears independent responsibility to the said parties.
7.11. In case of non-payment of the invoice within the specified term, the Licensor has the right to disconnect the Licensee from access to the system until the debt is paid in full. In this case, the Licensor undertakes to keep the information entered on its server for 1 (one) month from the date of arrears of payment.
8. INTELLECTUAL PROPERTY AND COPYRIGHTS
8.1 The Licensor or the respective right holders own the rights to use the Materials of the Internet site in any way not contrary to the law (exclusive rights). Any use of the Website Materials without the written permission of the Licensor or the right holders is prohibited.
8.2 The Licensee grants the Licensor the right to use the company name and trademark of the Licensee in any form and on any medium, including in the Licensor's advertising materials, as well as on the Internet, solely to indicate the Licensee as a user of the Software for the purposes of advertising and promotion of the Software on the market.
9. CONFIDENTIALITY
9.1 The Parties agree that all information that has become known to the Parties in the course of execution of this Agreement shall be confidential and shall not be disclosed unless agreed to by the other Party in writing, unless such information must be disclosed for legal reasons and reasonable demands of competent governmental authorities in accordance with the laws of the Russian Federation.
9.2 By accepting the terms and conditions of the Agreement, the Licensee consents to the collection and processing of its personal data (full name, e-mail, contact phone numbers). The Licensee confirms that the data entered are correct and reliable, expresses full and unconditional consent to the use of personal data by the Licensor to send advertising and informational messages to the specified cell phone, send e-mails to the specified electronic address (e-mail) to inform about new services, promotions, events, discounts; conduct absentee surveys to study the opinion about the services; receive from the Licensee any information related to the performance of the Parties' rights and obligations. In order to unsubscribe from sending advertising and information messages, the Licensee should send a written request to the Licensor's e-mail address.
9.3 The Licensor undertakes to maintain confidentiality of the Licensee's contact data and to prevent unauthorized use of the Licensee's data by third parties.
9.4 When paying for the selected Tariff, the Licensee - a natural person indicates the bank card details, as well as the surname, first name and patronymic of the bank card holder in the online form provided by the payment system (clause 4.5 of this Agreement). Personal data is sent directly to the payment system and is not processed by the Licensor.
10. TERM OF VALIDITY AND PROCEDURE OF TERMINATION OF THE AGREEMENT
10.1 The Agreement enters into force from the moment of full and unconditional acceptance of this Agreement by the Licensee in the form of payment for any Tariff plan on the Website and is valid during the Paid Period.
10.2 The Agreement may be terminated in the following cases:
10.2.1. By agreement of the Parties.
10.2.2. Upon expiration of the Paid Period paid by the Licensee.
10.2.3. unilaterally by the Licensee in case of repeated violation by the Licensor of its obligations under the Agreement, with the obligatory sending of a claim to the Licensor indicating the facts of violation by the Licensor of its obligations under the Agreement not later than 10 (ten) working days before the termination of the Agreement.
10.2.4. unilaterally by the Licensor in case of repeated breach by the Licensee of its obligations under the Agreement, with the obligatory sending of a claim to the Licensee indicating the facts of the Licensee's breach of obligations under the Agreement not later than 10 (ten) working days before the termination of the Agreement.
10.3 Upon termination of this Agreement, the rights and obligations of the Parties shall cease.
10.4 Termination of this Agreement shall not relieve the Parties from responsibility for its violation.
10.5 In case of termination of the Contract before the end of the current Pay Period, the Parties shall be obliged to repay all outstanding obligations under the Contract for the current Pay Period.
11. OTHER CONDITIONS
11.1 The legislation of the Russian Federation shall apply to the provisions of the Contract. Issues not regulated by the Contract shall be resolved in accordance with the legislation of the Russian Federation.
11.2 Should any part of the Contract be recognized as invalid and unenforceable, the remaining parts of the Contract shall remain valid and enforceable.
11.3 All disputes arising in connection with the use of the Software shall be settled by the Licensee and the Licensor in a pre-trial procedure through negotiations. If it is impossible to reach an agreement in the pre-trial order, disputes between the Licensee and the Licensor shall be considered in a judicial body at the location of the Licensor.
11.4 Current correspondence between the Licensee and the Licensor, as well as the sending of messages and notifications shall be carried out on the part of the Licensee - from the e-mail address specified during Registration, on the part of the Licensor - from the address support@planplace.ru, or other e-mail address located in the domain zone planplace.ru.
11.5 This Agreement is a public offer in accordance with Article 435 of the Civil Code of the Russian Federation, is not subject to signing by the Parties and comes into effect from the date of its acceptance by the Licensee in the form of payment by the Licensee for the selected Tariff plan.
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