This Offer contains the terms of the License Agreement for the use of the PlanPlace Web Designer software product intended for 3D online design (hereinafter referred to as the Agreement), and is a public offer on behalf of the Licensor to conclude an Agreement in accordance with Article 437 of the Civil Code of the Russian Federation.
The purchase of any tariff plan on the planplace.online website is recognized as acceptance of the offer in accordance with Article 438 of the Civil Code of the Russian Federation, and means the unconditional acceptance by the Licensee of all the terms of the Contract without any exceptions or restrictions on the terms of accession.
Before using the PlanPlace Web Designer software product (hereinafter referred to as the Software), the Licensee should familiarize himself with this Offer. In case of disagreement with the terms of the Contract set forth in the Offer, in whole or in any part thereof, the Licensee should refrain from acquiring the right to use the Software.
1. TERMS AND DEFINITIONS
For the purposes of the Agreement , the following terms are used in the following meanings:
1.1. Offer – a public offer of the Licensor, addressed to any person, to conclude this license agreement with him (hereinafter referred to as the Agreement).
1.2. Acceptance – full and unconditional acceptance by the Licensee of the terms of the Agreement.
1.3. Licensor – IP Panteleev Viktor Andreevich (OGRNIP 320595800025272; Legal address: 614104, Perm, General Chernyakhovsky str., 90, sq. 45), who concluded an Agreement with the Licensee on granting rights to use the software (license).
1.4. Licensee – a natural or legal person who has accepted this Offer in the person of his representative acting on behalf of this legal entity when interacting with the Licensor.
1.5. License – exclusive right to use a copy of the Software for its own consumption under the name designated by the Licensor, without the right of alteration or other processing, without the right of distribution.
1.6. The Parties(s) are the Licensor and (or) the Licensee.
1.7. Internet site – https://planplace.online
1.8. Website materials / Materials – all text, graphic materials posted on the Website and are objects of intellectual property, as well as the design and location of these materials (design).
1.9. Personal Account – the personal page of the Licensee, through which access to the software configuration is carried out.
1.10. Credentials – contact data through which communication with the Licensee is carried out, other data specified by the Licensee during Registration.
1.11. Registration is the process of creating a new Licensee account in order to gain access to the personal account by entering Credentials into the registration form on the Website.
11.12. Authentication data – the Licensee's unique login (login) and password (password) for access to the Personal Account.
1.13. Paid period – the period of software provision on a paid basis, is equal to the period for which payment was received.
1.14. Test period – the period during which the Software is provided free of charge.
1.15. Tariff plan – the number of ways to use 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. Software / software - product "PlanPlace Web designer".
2. SUBJECT OF THE CONTRACT
2.1. The Licensor undertakes to grant the Licensee the right to use the PlanPlace Web Constructor software (a simple (non-exclusive) license), as well as additional services regulated by a certain Tariff Plan.
2.2. The Licensee has the right 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 its components, is the object of the Licensor's intellectual property and is protected by the norms of the legislation of the Russian Federation and international agreements in the field of intellectual property. Violation of the integrity of the Software, violation of software protection systems, copying of the source code of the Software or its components in whole or in part, as well as other actions that violate the exclusive rights of the Licensor 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 rightholder on the recognition of the right, on the suppression of actions that violate the right or create a threat of its violation, on damages, on the publication of a court decision on the violation with the indication of the actual rightholder, on compensation for losses or payment of compensation.
2.4. Within the framework of this offer, only the functionality is supplied and only those services that were announced on the website are provided https://planplace.online at the time of payment by the Licensee for the license to use the Software. All additional services, any manipulations with data (unloading from the system, exporting data, changing data), improvements offered by the Licensee, functions not described on the website https://planplace.online , are not the Licensor.
2.5. Within the framework of a separate agreement, the Licensor may, at the request of the Licensee himself or through his authorized representative, install / integrate, configure, modify the Software for a fee.
3. PROCEDURE FOR GRANTING RIGHTS TO SOFTWARE
3.1. General (corresponding to all Tariff plans) procedure for granting rights to software within the Paid 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) software license is considered agreed.
3.1.2. The fact that the Licensee has been granted the right to use the Software is confirmed by sending Authentication Data via electronic communication for access to an instance of the Software hosted on the Internet server. After granting the right to use the Software, a Paid period begins, the beginning of the next Paid period is calculated from the date of receipt of payment from the Licensee according to the terms of the Agreement.
3.1.3. Verification of the name, configuration, and other data concerning the granted rights to use the Software is carried out by the Licensee at the time of granting these rights. If there are no claims on the name, configuration, or other data concerning the rights granted within 7 (seven) days from the date of receipt of the Authentication Data, the fact of the transfer of the rights to use the Software to the Licensee is considered fulfilled.
3.2. In case of non-compliance by the Licensee with the rules of operation of the Software recommended by the Licensor, or the Licensor's recommendations on the use of the Software when verifying the name, configuration, or other data related to the rights granted to use the Software, the Licensor's obligations to transfer the rights to use the Software are considered fulfilled after 7 (seven) days from the date of receipt of the Authentication Data by the Licensee.
4. THE COST OF THE CONTRACT, THE PROCEDURE FOR SETTLEMENTS AND ACCEPTANCE OF RIGHTS
4.1. The cost of the right to use the Software (a simple (non-exclusive) license) is set depending on the Tariff Plan and the period of the Paid period. The cost is indicated when describing the Tariff plans on the website.
4.2. Payment under the Contract is carried out in the order of 100% prepayment. Payment is made within 5 (five) business days from the date of invoice, according to the terms of Section 3 of this Agreement.
4.3. If the invoice received by the Licensee is not paid within the specified period, and the cost of the Tariff Plan indicated on the Website changes, the Licensee is obliged to pay the new cost, otherwise the Contract is considered not concluded.
4.4. The moment of fulfillment of the payment obligation by the Licensee is the date of receipt of funds in full to the Licensor's settlement account.
4.5. The Licensee, an individual, is given the opportunity to make payment under the Contract through other payment systems. Information about payment options is posted by the Licensor on the website, or is provided at the request of the Licensee.
4.6. In case of early termination of the Agreement for any reason, the amount of the prepayment is not refundable to the Licensee.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Licensee undertakes to:
5.1.1. Indicate reliable data during Registration.
5.1.2. Read the user manual published on the website.
5.1.3. Take all necessary measures to keep the Authentication Data secret, not to transfer them to third parties, not to allow third parties to access the Personal Account using Authentication Data.
5.1.4. Not to 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 Website.
5.1.5. Use the Software for its functional purpose and only within the limits of those rights and in the ways provided for by the Contract.
5.1.6. Make payment under the Agreement in accordance with the terms of the Agreement.
5.2. The Licensee has the right to:
5.2.1. Receive technical support and advice from the Licensor related to the use of the Software in accordance with the terms of the Agreement.
5.2.2. To configure the software within the capabilities of the functionality of the personal account of the software.
5.4. The Licensor undertakes:
5.4.1. To provide the right to use the Software in a high-quality and conscientious manner under the terms of the Agreement.
5.4.2. Take all necessary measures to protect and preserve Authentication/The Licensee's credentials are kept secret from third parties.
5.4.3. Correct the errors detected by the Licensee as soon as possible. The Parties agree that the exact definition of the error correction period cannot be established, since the Software closely interacts with other third-party programs, the operating system and hardware resources of the Licensee's computers, and that the operability and time of troubleshooting do not fully depend only on the Licensor.
5.4.4. Inform the Licensee about the new amount of the cost of the Paid Period by publishing a new Price List on the website at least 7 (seven) working days before the date of entry into force of the new Price List.
5.4.5. To grant the Licensee the right to use the Software within 3 (three) business days from the date of fulfillment of the payment obligations by the Licensee.
5.4.6. Grant the right to use the Software daily and around the clock, except for the time of preventive measures.
5.5. The Licensor has the right to:
5.5.1. To make changes and improvements to the functional part and/or design of the Software at any time without notifying the Licensee.
5.5.2. To back up the Licensee's data in order to prevent the loss of information.
5.5.3. To involve, if necessary, third parties in order to comply with the terms of the Agreement.
5.5.4. In case of violation by the Licensee of one or more terms of the Agreement, suspend the granting of rights to use the Software and disable the Licensee's access to the Personal Account with the preservation of all Licensee's data on the Server for the period until the violation of the terms of the Agreement is eliminated, or until the termination of the Agreement.
5.5.5. 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, as well as all Licensee's data without the possibility of restoring them.
5.5.6. Carry out preventive maintenance on the Server and suspend the operation of the site on which the software is located to carry out such preventive maintenance. If possible, the Licensor carries out preventive maintenance and suspends the operation of the site where the software is located at night (for the GMT+03 time zone) or on weekends.
5.5.7. Make changes to the terms of the Agreement by publishing an updated version of the Agreement on the Website. The updated version of the Agreement comes into force after 7 (seven) calendar days from the date of its publication.
6. TECHNICAL SUPPORT
6.1. From the moment of conclusion of the Agreement, the Licensee receives the 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 operation of the software and does not apply to the proposals proposed by the Licensee to expand the functionality of the software.
6.2. Technical support is provided during the Software usage period weekly from Monday to Friday (with the exception of non-working holidays established by the Government of the Russian Federation) from 10:00 to 18:00 Moscow time (GMT+03).
6.3. The creation of additional functionality for the software used at the request of the Licensee is not included in the scope of the Agreement.
6.4. All provisions of the section are valid only during the paid period of use of the Software.
6.5. All communications between the Licensee and the Licensor within the framework of Technical Support are carried out by e-mail correspondence with the address email@example.com with an indication of the full Internet address of the personal account, a description of the problem and a screenshot on which the problem is visible. Calls to the Licensor for technical support by phone are not provided.
6.6. The Licensor reserves the right to request clarification of information upon request in cases where the information specified in the request will not be sufficient to fulfill the Licensee's request. In this case, the Licensee undertakes to provide all necessary information.
7.1. The Parties are liable for violation of the terms of the Agreement in accordance with the current legislation of the Russian Federation.
7.2. The Licensor is not responsible for delays, interruptions in operation and the inability to fully use the Licensor's own resources that occur directly or indirectly due to the actions or omissions of third parties and/or the inactivity of information channels located outside the Licensor's own resources.
7.3. The Licensee agrees that in order to work with the Software, the Licensee must use licensed software (web browsers, operating systems, etc.) and certified equipment (personal computers, network equipment, etc.), according to the recommended technical requirements. The Parties state the fact that the Licensor is not responsible for the quality of the Licensee's software and equipment.
7.4. The Licensor is not responsible for lost profits and lost profits, as well as for any indirect losses incurred by the Licensee during the use or non-use of the Software, including during technical breaks.
7.5. The Licensor is not responsible for the Licensee's loss of Authentication Data, and also is not responsible for the damage, both direct and indirect, incurred by the Licensee as a result of access to the Personal Account by third parties as a result of the Licensee's loss of Authentication Data, or their theft by third parties.
7.6. The Licensor is not responsible for malfunctions in the operation of the software provided to the Licensee, if they are related to the 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 reasons for its occurrence, will be limited to the amount paid by the Licensee to the Licensor's remuneration for granting rights to use the Software for the last Paid period under the Agreement.
7.8. The Licensee is solely responsible for possible losses resulting from the loss or theft by third parties of the Credentials specified by him 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 when using the Software, as well as all rights and legitimate interests of third parties.
7.10. In the event that third parties present claims to the Licensor caused by the Licensee's unlawful actions when using the Software, the Licensee independently settles the disputes that have arisen and bears independent responsibility to these persons.
7.11. In case of non-payment of the invoice within the specified period, the Licensor has the right to disconnect the Licensee from access to the system until the debt is fully repaid. At the same time, the Licensor undertakes to keep the information entered on its server for 1 (one) month from the date of the delay in payment.
8. INTELLECTUAL PROPERTY AND COPYRIGHTS
8.1. The Licensor or the respective copyright holders have the rights to use the Materials of the Website in any way that does not contradict the law (exclusive rights). Any use of the Website Materials without the written permission of the Licensor or copyright holders is prohibited.
8.2. The Licensee grants the Licensor the right to use the Licensee's brand name and trademark 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.
9.1. The Parties agree that all information that has become known to the Parties during the execution of this Agreement is confidential and is not subject to disclosure, unless the other Party agrees in writing, except in cases where such information must be transferred on legitimate grounds and reasonable requirements of the competent authorities state authorities in accordance with the legislation of the Russian Federation.
9.2. By accepting the terms of the Agreement, the Licensee consents to the collection and processing of his personal data (full name, e-mail, contact phone numbers). The Licensee confirms that the data entered by him is correct and reliable, expresses full and unconditional consent to the use of personal data by the Licensor for sending advertising and informational messages to the specified mobile phone, sending emails to the specified email address (e-mail) in order to inform about new services, promotions, events, discounts; conducting correspondence surveys in order to study opinions about the services; receiving from the Licensee any information concerning the Parties' performance of rights and obligations under the Contract, the work of the Software, its development and operation; sending informational messages. In order to refuse to send advertising and informational messages, the Licensee must send a written request to the Licensor's e-mail.
9.3. The Licensor undertakes to maintain confidentiality with respect to the Licensee's contact data, to prevent unauthorized use of the Licensee's data by third parties.
9.4. When paying the selected Tariff, the Licensee – individual 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 FOR TERMINATION OF THE AGREEMENT
10.1. The Agreement comes into force from the moment the Licensee fully and unconditionally accepts this Agreement in the form of payment for any Tariff Plan on the Website and is valid for a Paid period.
10.2. The Contract may be terminated in the following cases:
10.2.1. By agreement of the Parties.
10.2.2. After the expiration of the Paid Period paid by the Licensee.
10.2.3. The Licensee unilaterally in case of repeated violation by the Licensor of its obligations under the Agreement, with the mandatory submission of a claim to the Licensor indicating the facts of violation by the Licensor of obligations under the Agreement no later than 10 (ten) working days before the termination of the Agreement.
10.2.4. The Licensor unilaterally in case of repeated violation by the Licensee of its obligations under the Agreement, with the mandatory submission of a claim to the Licensee indicating the facts of violation by the Licensee of obligations under the Agreement no later than 10 (ten) working days before the termination of the Agreement.
10.3. From the moment of termination of this Agreement, the rights and obligations of the Parties cease.
10.4. Termination of this Agreement does not release the Parties from responsibility for its violation.
10.5. In case of termination of the Agreement before the end of the current Paid period, the Parties undertake to repay all outstanding obligations under the Agreement during the current Paid period.
11. OTHER CONDITIONS
11.1. The legislation of the Russian Federation applies to the provisions of the Agreement. Issues not regulated by the Contract are resolved in accordance with the legislation of the Russian Federation.
11.2. If any part of the Agreement is declared invalid and unenforceable, the remaining parts of the Agreement remain valid and are subject to execution.
11.3. All disputes arising in connection with the use of the Software are resolved by the Licensee and Licensor in a pre-trial manner through negotiations. If it is impossible to come to an agreement in a pre-trial procedure, disputes between the Licensee and the Licensor are subject to consideration by the judicial authority at the Licensor's location.
11.4. The current correspondence between the Licensee and the Licensor, as well as the sending of messages and notifications, is 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 firstname.lastname@example.org , or another email 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 The Code of the Russian Federation is not subject to signature by the Parties and comes into force from the date of its acceptance by the Licensee in the form of payment by the Licensee of the selected Tariff plan.