Terms of Service

This Privacy Policy explains how Personal Information about our (potential) customers and other individuals using our services is collected, used and disclosed by contter, and its respective affiliates ("us", "we", "our" or "contter"). This Privacy Policy describes our privacy practices in relation to the use of our websites (including any customer portal or interactive customer website) (https://contter.com), our software (contter), services, solutions, tools, and related applications, services, and programs, including research and marketing activities, offered by us (the "Services"), as well as your choices regarding use, access, storage and correction of Personal Information. It also describes how we collect, use, disclose and otherwise process Personal Information collected in relation to our Services and otherwise in the course of our business activities. This Privacy Policy does not apply to Personal Information collected about our employees, applicants or other personnel.

Registration via a designated form on https://contter.com/signup/ is considered as User’s final and unqualified acceptance of the Agreement.

Terms and Definitions

"Platform" — means the software package owned by the Administration and accessible at https://contter.com.

"Account" — means the User ‘s account on the Platform.

"Object" — means a ready-made element designed and programmed by the Administration for the purposes of creating a Content and can be modified by the User.

"Element" — information, documents and other objects created or uploaded by the User using the Platform.

"Content" — A set of Elements and Objects created using the Platform.

"Tariff" means the total of rights and services provided to the User.

1. Scope

1.1. The Administration grants a non-exclusive license to use the Platform and the Objects of the Library, and provides related services.

1.2. The User shall use the Platform and the Objects in accordance with terms and conditions of the Agreement and the selected Tariff, and pay the fees, unless otherwise provided by the Tariff.

2. General Provisions

2.1. To be able to use the Platform, the User shall register on https://contter.com/signup.

2.2. Upon registration the User shall receive a unique Account and get access to the Platform.

2.3. All actions performed in the Platform shall be considered as actions performed by User themselves.

2.4. The User shall be solely liable for:

a) keeping their login and password secure;

b) the consequences related to the loss of login or password and/or their disclosure to third parties.

2.5. The Administration advises the User against sharing their Account data with any third parties. In case of sharing the Account data, the User shall make third parties aware of this Agreement and undertake full responsibility for their actions.

2.6. The Platform is not intended for and may not be used by individuals under the age of 16. By using the Platform, the User confirms that he/she has reached the age of 16. Moreover, when a User is under the age of 18, he/she represents that he/she has obtained the consent of a parent or a legal guardian to enter into this Agreement.

3. Terms of Use

3.1. The User has the right to use the Platform in accordance with the Agreement and current legislation of the Russian Federation.

3.2. The Administration is under no obligation to provide consulting services and technical support to the User.

3.3. The Platform is integrated with different services including analytical services, payment services, distribution services. The Platform only provides the possibility to access such services. All issues related to the use of any such service shall be regulated by its legal documents and settled independently by the service owner and the User.

3.4. The Platform and services are provided on an “as is” basis.

3.5. The User accepts all risks connected with the use of the Platform and the services.

3.6. The Administration does not provide the User with any explicit or implicit guarantee with respect to the Platform and the services, nor does it guarantee (included, but not limited to) fitness for purpose, security, safety, accuracy, completeness, performance, system integration, uninterrupted functioning, absence of errors, failure recovery, virus-free functioning, or legitimate use in any territory outside of the Russian Federation.

3.7. The Administration shall not be liable for:

a) unavailability of the Platform for the reasons beyond the Administration’s control;

b) any actions and/or omissions on behalf of service providers or suppliers of services, networks, software, or equipment;

c) distortion, modification or loss of the Content;

d) User’s login and password security;

e) unauthorized use and/or unlawful use of User’s login and password by third parties;

f) damage to any of User’s devices, data carriers and/or software resulting from the use of the Platform and/or the services.

4. Intellectual Property

4.1. The Administration is the sole holder of rights to the Platform and its elements (code, design, databases, know-how, the Library, Objects).

4.2. A non-exclusive license is limited by the "right to use", and none of the provisions of the Agreement provide the User an exclusive right to the Platform and the Objects.

4.3. A non-exclusive license is granted for the term of this Agreement without the right to sublicense and is valid worldwide.

The Platform

4.4. By using the Platform the User has the right to:

a) create Content, including the use of Objects and Elements;

c) Modify and modify Content;

Content

4.9. When creating the Content, the User can replace the Elements in Content. The default items are provided exclusively for the demonstration purposes. Using these items as the Elements on the Content is only possible upon agreement between the User and the copyright holder.

4.10. By uploading the Elements to the Platform, the User grants the Administration the right to store and process such Elements for the purposes of fulfilling obligations under the Agreement, so that the Administration could ensure that the Platform functions properly on an interrupted basis, etc.

4.11. The User guarantees that the Content does not violate any intellectual property rights of third parties or any equivalent means of identification, or rights to information qualified as commercially sensitive, and that such Content does not discredit honor, damage business reputation and dignity of third parties, or violate national and international law. The User is solely responsible for the Content uploaded to the Platform.

5. Import

5.1. The User is entitled to import the Content only under the following conditions:

5.1.1. the copying option is provided by the selected Tariff;

5.1.2. importing is made using the function for importing Content.

6. Services

6.1.The Administration shall provide the User with the following services:

a) providing space on the server for publishing the Content.

6.2. The Administration shall have the right to refuse the User the service of providing space on the server to host the Website in the event that the Website creates a high load on the server and/or interferes with the stable operation of the Platform and/or creates any kind of threats to the Platform, including those that may have adverse impact of any kind on the Platform and/or the Administration.

7. Unauthorized Actions

The User has no right to:

7.1. Use the Platform, Objects in a manner not provided directly by the Agreement.

7.2. Modify, adjust, transfer or create derivative products based on the Objects, or integrate the Platform in other copyright products.

7.3. Attempt avoiding technical limits set by the Platform.

7.4. Decompile, disassemble, decipher, or perform any other actions involving the source code of the Platform.

7.5. Export the Content in violation of the provisions of the Agreement.

7.6. Remove the "contter.com" identifier from the Content, unless otherwise provided by the selected Tariff.

7.7. Carry out any actions aimed at concealing the "contter.com" identifier from the Content.

7.8. Use the Platform to publish, distribute, store, transfer the Content in any form that:

a) is unlawful, harmful, threatening, defamatory, inciting to violence against any person or group of persons, or to inhuman treatment of animals; calls for committing illegal actions, including explanation of the procedure of use of explosives and other weapons; violates the generally accepted ethical and moral standards; promotes hatred and/or discrimination, or contains negative and critical statements regarding religion, politics, race, ethnicity, gender, personal features, abilities, sexual orientation and appearance of third parties; contains insults addressed to specific individuals or organizations;

b) can be seen as promoting certain political and religious beliefs, non-traditional sexual orientation, violence, drug use, alcohol, and smoking;

c) violates the rights of minors;

d) violates the rights of third parties to their intellectual property and equivalent means of individualization, or the right to information qualified as the commercial secret; discredits honor or damages business reputation and dignity of third parties, or violates national and international law;

e) contains information which may not be disclosed;

f) contains malicious software (viruses, worms, Trojans, or any other computer codes, files, or programs) designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment (or parts thereof), in order to obtain unauthorized access, or to gain access to commercial software products, by providing serial numbers of logins, passwords, programs for their generation and other means to gain unauthorized access to the paid content, as well as for publishing links to the information above;

g) is qualified as spam, i.e. mailing without consent of the recipient of any messages, whether commercial or not, in a form of (including, but not limited to): advertising products which turnover is prohibited or restricted in accordance with the legislation of the Russian Federation; messages containing social and/or religious or mystical content with a call for further distribution of such messages ("chain emails"); lists of other people’s e-mail addresses; "pyramid schemes", multilevel marketing (MLM); referral links; online earnings systems and online businesses;

h) violates the law of the Russian Federation and international laws;

i) may be used for illegal collection, storage, and processing of personal data of any third parties;

j) contains advertisement and/or offers of spa salons providing erotic services or any other services of a kind.

8. Blocking and Removal

8.1. The Administration has the right to immediately block the Content and/or the User’s Account in case of:

a) detected violation of the provisions of this Agreement by the User;

b) violation of current Russian legislation by the User;

c) receiving claims from the third parties claiming violation of their rights by the User;

d) receipt of a relevant request from the state authorities.

8.2. Blocking means the impossibility of Internet users to have access to the content of the Content.

8.3. The User undertakes to take all measures to remedy the violation.

8.4. If the Content is blocked on the basis of a claim from a third party indicating a breach of its rights by the User, the latter is entitled to continue using the Content only upon condition that the Administration is notified in writing by the claimant that the dispute has been settled and there are no pending claims for an alleged breach of the third party's rights.

8.5. In case of blocking due to receipt of a request from a state agency, including Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor), the User’s access to the Website shall be blocked. In this case the Website shall not be unblocked until the Administration receives an official notification from the competent state authority, including Roskomnadzor, stating that there are no pending claims or charges against the User whose account has been blocked, or with respect to any projects created or published by the User.

8.6. The Administration has the right to deny access to the User and to block the Website if the latter contains hidden advertising of goods and/or services that are prohibited by legislation of the Russian Federation and/or international laws.

8.7. In case of failure to remedy the violation or the repeated blocking of the Content, the Administration has the unilateral right to delete the Account including all connected Content, and data.

9. Tariffs

9.1. The selection of Tariffs is available on https://contter.com/pricing.

9.2. Tariffs may be changed unilaterally by the Administration. In that case the cost of the prepaid period shall not be changed.

9.3. Once registered, the User has the right to run the free version of the Platform. The Administration may provide the User the possibility to use the fee-based Tariff features during a trial period.

9.4. In order to switch to a fee-based Tariff on a regular basis, the User shall pay for the services by means provided by the Platform. It is possible to switch between fee-based Tariffs subject to the condition that the fee of the new Tariff is paid in full.

9.5. Tariff payment is made on a 100% advance payment basis.

9.6. The payment date is a date when funds are credited to the account of the Administration.

9.7. Where the funds are returned upon request of the payment organization, the payment shall not be considered as completed.

9.8. The Tariff amount includes the license fee (95%) and the service cost (5%). The license fee is not subject to VAT based on the Article 149(2.26) of the Tax Code of the Russian Federation.

9.9. The Administration does not issue invoices to persons exempt from VAT, as well as to individuals or entities exempt from taxpayer obligations related to tax calculation and payment.

9.10. Failure to use the services does not release the User from their payment obligations.

9.11. Upon expiration of the Tariff period, it shall be automatically extended for the same period. The Administration shall proceed with the automatic withdrawal of the corresponding amount from the User payment card based on the current Tariff.

9.12. The User has the right to cancel the auto-payment function or to notify the Administration of their intention not to extend the fee-based Tariff no later than three (3) days prior to expiration thereof.

9.13. When switching from a fee-based Tariff to the free Tariff, the User must adjust the Personal account in accordance with the terms of the free Tariff.

9.14. When making the first payment for the Tariff, the User shall allow the Administration and its partners to store information about their payment card, and agrees that the Administration is authorized to charge the payment card for the following purposes:

a) implementation of the auto-payment function;

b) writing-off other charges in connection with the Agreement;

c) payment of the User’s debts under the Agreement.

10. Rights of Administration

10.1. Adjusting, updating, and upgrading the Platform without User’s consent or their prior notification.

10.2. Setting up any restrictions on the use of the Platform.

10.3. Deleting the User’s Account if at the time of its deletion such Account is:

a) based on the free Tariff.

b) not used by User, where either of the above lasts for six or more calendar months.

10.4. Sending messages, notifications, requests, advertisement, and information to the User.

10.5. Sending information on webinars, videos, and other information about the Platform to the User.

10.6. Accessing the User’s Personal Account to monitor the functioning of the Platform.

10.7. Carrying out maintenance works which may result in temporary suspension of the Platform’s functioning.

10.8. Restoring the User’s access to the Account in case of its hacking, loss, or change of login/password, if all of the following conditions have been fulfilled:

a) the Account uses a fee-based Tariff;

b) the User has complied with all necessary conditions specified in the instruction for the access recovery (its copy can be provided at User’s request).

10.9. Returning the Content transferred to another account under control of the original User where:

a) the Account uses a fee-based Tariff;

b) the Administration qualifies the actions of the User being in possession of the Content as committed in bad faith.

11. Personal Data

11.1. The Platform shall process personal data of the User for the purposes of execution of the Agreement in accordance with the requirements established by the Federal Law "On Personal Data" as of 27.07.2006 No. 152-FZ and the General Data Protection Regulation (GDPR) (EU) 2016/679.

11.2. The procedure of processing and protection of personal data is established by the Privacy Policy available at https://contter.com/privacy

11.3. No personal data collected by the User on the Websites shall be collected by the Platform, and the latter shall only provide computing capacity that can be used by the User for personal data collection.

11.4. In case the User performs processing of third parties personal data, they shall be solely responsible for compliance with the appropriate measures for the protection of personal data in accordance with the requirements of 152-FZ, the General Data Protection Regulation (GDPR) (EU) 2016/679 and other laws and regulations, including in terms of obtaining appropriate permits, publishing necessary documents and information on the Content.

12. Liability

12.1. The Administration shall not be liable for direct or indirect loss of profits of the User.

12.2. Responsibility of the Administration under the Agreement shall not exceed the amount of the relevant Tariff paid by the User.

12.3. In case the Administration receives claims, demands, and/or claims of violation of third parties rights related to the violation of guarantees provided by the User, the latter shall assume liability for their settlement and compensate the Administration against damages.

13. Term of the Agreement

13.1. The Agreement comes into force as of its acceptance and is valid until the User’s Account is deleted.

13.2. The Account can be deleted:

a) upon User’s request,

b) on the grounds specified in Section 8 hereof.

13.3. Where the Account using a fee-based Tariff is deleted, the part of its cost representing the license fee shall not be refundable. The User has the right to request the refund for the services which have been paid but are not used.

14. Dispute Settlement

14.1. All disputes or controversies arising between the Parties in connection with this Agreement shall be settled through negotiations.

14.2. If no agreement is reached by the Parties, the dispute shall be settled through the pre-court settlement procedure. Response to the claim must follow within 30 days.

14.3. Should the parties fail to reach an agreement, the dispute shall be settled by the court at the Administration’s location.

14.4. The applicable law is the law of the Russian Federation.

15. Final Provisions

15.1. The Agreement may be amended or updated by the Administration at any time without notifying the User. The new version of the Agreement shall enter into force from the moment when it is published on the Platform.

15.2. The continued use of the Platform after making amendments and/or additions to the Agreement shall be qualified as User’s acceptance of such amendments and/or additions.

15.3. The Agreement shall be regulated and interpreted in accordance with the laws of the Russian Federation. Issues not regulated by the Agreement shall be settled in accordance with Russian laws.

15.4. If any of the provisions of the Agreement becomes null and void in accordance with Russian laws, the remaining provisions will remain in force, and the Agreement will be performed by the Parties in full without taking into account such provision.

15.5. This Agreement is made in Russian and its English version may be provided to User for information. In case of discrepancies between the Russian version of the Agreement and its version in any other language, the Russian version of the Agreement shall prevail.